MINUTES OF THE
MEETING OF THE
CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
September 18, 2002
1.
Call to Order.
THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN
REGULAR SESSION, WEDNESDAY, SEPTEMBER 18, 2002, AT 9:00 A.M.
2.
Roll Call.
THE
FOLLOWING MEMBERS WERE PRESENT: CHAIRPERSON DAVID GRAVES, COMMISSIONERS
TONY HOLZHAUER, LARRY SCHOENKE, TERRY SCOTT AND JIM KING.
3.
Pledge of Allegiance.
IRVING
THOMAS LED THE SALUTE TO THE FLAG.
4.
Citizen
Comments and Recommendations.
IRVING THOMAS,
REPRESENTING THE SIERRA CLUB, READ INTO THE RECORD A LETTER FROM
THOMAS M. LIPPE, ATTORNEY FOR THE SIERRA CLUB, DATED SEPTEMBER 17,
2002, ADDRESSED TO CHARLEY WILSON, DIRECTOR, CONSERVATION, DEVELOPMENT &
PLANNING DEPARTMENT, IN REGARD TO THE
CORT-GOLDMAN VINEYARD PROJECT AND EROSION CONTROL PLAN #02005-ECPA. THE LETTER EXPRESSED CONCERNS REGARDING THE
AVAILABILITY OF DOCUMENTS FOR PUBLIC REVIEW AND COMMENT ASSOCIATED WITH THE
NEGATIVE DECLARATION.
5.
Agenda Review.
ITEM 12 - PROPOSED ZONING ORDINANCE AMENDMENT
REQUEST
#02304-ORD
WILL BE HEARD AT
1:30 P.M. AT NAPA CITY COUNCIL CHAMBERS.
Public Hearings
6.
Consent Calendar.
NONE
7.
Sodaro Winery / Donald and Felicity
Sodaro Trust - Use Permit Modification Request #02234-MOD
California Environmental Quality Act (CEQA) Status: Negative Declaration Proposed.
Request: Approval
of a modification to Use Permit U-258283 to relocate a 20,000 gallon per year
winery within a new 4,900 square foot winery building resulting in a winery
totaling 4,900 square feet and, (1) add a 900 square foot outdoor crush pad;
(2) three alternating proprietors utilizing 50% (10,000 gallons per year) of
the total approved winery production capacity; and, (3) a marketing plan with
14 marketing events per year with a maximum of four people per event and one
release party per year with a maximum of 100 people. No tours and tastings are proposed. The project is located
on a 21.3 acre parcel on the west side of Third Avenue approximately 2,400 feet
south of its intersection with Hagen Road within an AW (Agricultural Watershed)
zoning district. (Assessor’s Parcel #
052-130-063) 22 Blue Oak Lane, Napa.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 2 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION. TS-LS-TH-JK-DK
THE COMMISSION APPROVED USE PERMIT
#02234-MOD BASED ON FINDINGS 11 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1
THROUGH 19.
TS-LS-TH-JK-DK
8.
Casa Las
Trancas Winery / John and Linda Miller Trust – Rezoning
Request #01265-RZG
CEQA Status: See Item #9
Request: Approval to rezone ±6.45 acres
of an 11.66 acre parcel from a RC/AP (Residential Country/Agricultural
Preserve) split zoning district to an AP (Agricultural Preserve) zoning
district located on the north side of “Old Trancas Street”, approximately 220
feet east of its intersection with Big Ranch Road. (Assessor’s Parcel #038-190-019) 622 Trancas Street, Napa.
(HELD CONCURRENTLY WITH ITEM 9)
9.
Casa Las
Trancas Winery / John and Linda Miller Trust – Use Permit
Request #01255-UP
CEQA Status: Mitigated Negative Declaration Prepared
Request: Approval of a Use Permit to establish a new 100,000-gallon per year
winery with 22,700 square feet of building(s) for fermentation, barrel storage,
bottling, retail sales, administration offices and laboratories and a 1,500
square foot covered crush pad area for a winery, totaling 24,200 square feet
and, 1) custom crushing activities (crushing, fermentation, barrel aging and
bottling) for up to two custom producers utilizing 25% (25,000 gallons per
year) of the total approved winery production capacity; 2) three full and/or
part-time employees (three additional employees at harvest); 3) 50 visitors per
week; 4) a picnic area; 5) 17 parking spaces; 6) tours and tasting by
appointment only; 7) a marketing plan with six activities per year with a
maximum of 35 people per event, two wine auction events with a maximum of 50
people per event and one event per month for wine related organizations with a
maximum of 35 people per event; 8) construction of a pressure distribution
sewage system; and, 9) road and access improvements, located on a 11.66 acre
parcel on the north side of “Old
Trancas Street”, approximately 220 feet east of intersection with Big Ranch
Road, within a RC/AP (Residential Country/Agricultural Preserve) split zoning
district. (Assessor’s Parcel
#038-190-019) 622 Trancas St, Napa.
PUBLIC
HEARINGS HELD – TESTIMONY
PRESENTED
A
MOTION BY COMMISSIONER SCOTT TO REDUCE THE GALLONAGE FROM 100,000 TO 50,000
FAILED ON THE FOLLOWING ROLL CALL VOTE.
TS-TH-LS-JK-DG
N N N
THE COMMISSION RECOMMENDED THE BOARD OF
SUPERVISORS APPROVE ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPT THE
MITIGATED NEGATIVE DECLARATION, INCLUDING THE PROJECT REVISION STATEMENT WITH
INCORPORATED MITIGATION MEASURES.
LS-JK-TH-TS-DG
N
N
THE COMMISSION RECOMMENDED THE BOARD OF
SUPERVISORS APPROVE REZONING REQUEST #01256-RZG BASED ON FINDING 10.
LS-JK-TH-TS-DG
N
N
THE COMMISSION RECOMMENDED THE BOARD OF
SUPERVISORS APPROVE USE PERMIT REQUEST #01255-UP BASED ON FINDINGS 11 THROUGH
15, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18.
LS-JK-TH-TS-DG
N
N
10. Gargiulo Vineyard Winery/Jeffrey and Valerie Gargiulo - Use Permit Request #00527-UP
CEQA Status:
Mitigated Negative
Declaration Prepared.
Request: Approval
of a Use Permit to establish a new 20,000 gallon per year winery with: (1) a new 4,420 square foot winery
production facility and 10,000 square feet of caves for barrel storage
resulting in a winery totaling 14,420 square feet; (2) two full-time and one
part-time employees; (3) a maximum of 40 visitors per week; (4) five parking
spaces; (5) tours and tastings by appointment only; (6) wine retail sales and,
(7) a marketing plan with 12 indoor and outdoor marketing events per year with
a maximum of 40 persons per event, located on a 11.18 acre parcel on the
south side of Oakville Cross Road, approximately 1,400 feet west of its
intersection with Silverado Trail, within an AW (Agricultural Watershed) zoning
district. Necessary related concurrent
actions include the conversion under Erosion Control Plan #01238-ECPA of 2.16
acres of moderate to moderately steeply sloping (19% to 29%) grassland on the
subject parcel to vineyard and the replanting of 5.24 acres of existing nearly
flat to moderate sloping (1% to 25%) vineyard.
(Assessor’s Parcel 031-070-012)
575 Oakville Cross Road, Napa.
PUBLIC
HEARING HELD – TESTIMONY
PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION
INCLUDING THE PROJECT REVISION STATEMENT WITH 7 SIGNED MITIGATION MEASURES. JK-TS-LS-TH-DG
THE COMMISSION APPROVED USE PERMIT
#00527-UP BASED ON FINDINGS 10 THROUGH 16, SUBJECT TO CONDITIONS OF
APPROVAL 1 THROUGH 19, AS AMENDED. JK-TS-LS-TH-DG
11.
Schutz Winery / Jurgen and Marie Schutz –
Use Permit Request #01275-UP
CEQA Status: Categorically Exempt
Request: Approval of a Use Permit to establish a new
20,000-gallon per year winery within an existing 12,800 square feet industrial
building currently used for wine storage for a winery totaling 12,800 square
feet, and: 1) continuation of the
existing approved wine storage/aging operation; 2) construction of an interior 15 foot by 15
foot crushing and press operation with wastewater holding tanks; 3) custom crushing activities (crushing,
fermentation, barrel aging and bottling) for up to 12 custom producers that currently
store bulk wine at the facility (as previously approved) utilizing up to 50%
(10,000 gallons per year) of the total approved winery production capacity; 4) two full-time and one part-time
employees; 5)
forty-four parking spaces
(existing); 6)
no general public tours and
tasting; 7)
a marketing plan with
unlimited private tastings with no more than ten wine industry representatives
and one special event with a maximum of 100 wine industry representative per
year; 8)
operation of a mobile
bottling line; and, 9) connection to City of American Canyon
water service and Napa Sanitation District sewer facilities. The parcel is located on a 1.07 acre parcel
at the southern end of Camino Oruga adjoining North Kelly Road approximately
450 feet north of Executive Way within the IP:AC (Industrial Park: Airport
Compatibility) zoning district.
(Assessor’s Parcel # 057-190-020)
210 Camino Oruga, Napa
11. Continued
PUBLIC
HEARING OPENED – TESTIMONY
PRESENTED
THE COMMISSION CONTINUED
THE PUBLIC HEARING TO THE SPECIAL MEETING OF SEPTEMBER 25, 2002 DUE TO TIME
CONSTRAINTS.
12.
Proposed Zoning Ordinance Amendment
Request (#02304-ORD) to
amend Chapter 18.108 (Conservation Regulations) by amending Sections 18.108.020
(General Provisions), 18.108.025 (General Provisions-Intermittent/Perennial
Streams), 18.108.030 (Definitions), 18.108.040 (Exceptions), 18.108.050
(Exemptions), and 18.108.055 (Exemption from Discretionary Permit) and to amend
Chapter 16.04 (Floodplain Management) by repealing Section 16.04.750 (Riparian
Zones-Restricted Activities) of the Napa County Code. The proposed ordinance will:
a)
Establish
for County regulatory purposes a new biologically-based stream classification
system similar to that used by the State Department of Forestry and the State Department
of Fish & Game;
b)
Increase
stream setbacks to 150 feet on all Class I & II streams as defined under
the ordinance and 25 feet on all Class III streams;
c)
Limit the
activities that are allowed within a portion of the stream setbacks;
d)
Establish
procedures and criteria for approving reduced stream setbacks;
e)
Provide new
definitions and clarify existing definitions; and,
f)
Repeal
certain out-dated provisions of the Floodplain Management Ordinance that may
conflict with the new regulations being established hereunder.
CEQA Status: Categorically Exempt, Class 8 (CEQA Guidelines Section
15308). (Continued from September 4, 2002)
THE COMMISSION RECONVENED AT NAPA CITY COUNCIL CHAMBERS AT
1:30 P.M. WITH VICE-CHAIR SCHOENKE AS THE CHAIRPERSON.
CHAIRPERSON GRAVES RECUSED
HIMSELF FROM THIS ITEM DUE TO A CONFLICT OF INTEREST.
PUBLIC HEARING
OPENED – TESTIMONY
PRESENTED
PUBLIC HEARING CONTINUED TO
SPECIAL MEETING SEPTEMBER 25, 2002, AT 9:00 A.M. IN THE BOARD OF SUPERVISORS’
MEETING ROOM.
Other Business
13.
Commission to consider and authorize the Chair to sign a letter to the
Napa Superior Court responding to the 2001-2002 Napa County Grand Jury Report
findings and recommendations pertaining to finding # 3 under Section III –
Planning – Napa County.
THE COMMISSION
APPROVED AND AUTHORIZED THE CHAIR TO TRANSMIT BY LETTER ITS RESPONSE TO THE
GRAND JURY REPORT, FINDING #3.
TS-TH-JK-LS-DG
14.
City Referrals.
NONE
15.
Discussion of Items for the October 2, 2002 Meeting.
ITEM NOT HELD
16.
Commissioner Comments.
CHAIRMAN GRAVES
COMMENTED REGARDING A LETTER HE RECEIVED FROM THE ATTORNEY FOR KELLUM
WINERY. HE ALSO RECEIVED A
LETTER FROM THE METROPOLITAN TRANSPORTATION COMMISSION REGARDING AN AIRPORT
WORKSHOP, WHICH HE WILL FORWARD TO THE AIRPORT LAND USE STAFF FOR THEIR INFORMATION.
17.
Director's Report on Board of Supervisors' Actions.
ITEM NOT HELD
18.
Future Agenda Items.
ITEM NOT HELD
Adjournment.
ADJOURNED TO SPECIAL CONSERVATION, DEVELOPMENT AND
PLANNING COMMISSION MEETING, WEDNESDAY, SEPTEMBER 25, 2002 AT 9:00 A.M.
DAVID
GRAVES, Chairperson
LARRY
SCHOENKE, Vice-Chairperson
ATTEST: CHARLES WILSON, Secretary–Director
MICHELLE
PRICE, Deputy Secretary
Key
Vote: TS = Terrence Scott; JK = Jim King; DG = David Graves; TH = Tony
Holzhauer; LS = Larry Schoenke
The maker of the motion and second are reflected
respectively in the order of the recorded vote.
Notations under vote: N = No A = Abstain X = Excused