NAPA COUNTY

MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

October 16, 2002

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, OCTOBER 16, 2002, AT 9:00 A.M.

2. Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT: VICE-CHAIRPERSON LARRY SCHOENKE, COMMISSIONERS TERRY SCOTT AND JIM KING. CHAIRMAN DAVID GRAVES AND COMMISSIONER TONY HOLZHAUER WERE EXCUSED.

3. Pledge of Allegiance.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, LED THE SALUTE TO THE FLAG.

4. Citizen Comments and Recommendations.

NONE

5. Approval of Minutes.

APPROVED MINUTES OF MEETINGS OF SEPTEMBER 25, 2002 AND OCTOBER 2, 2002. JK-TS-TH-LS-DG

X A X

6. Agenda Review.

STAFF RECOMMENDS THE FOLLOWING:

ITEM 8 - OAKVILLE, LLC/ROBERT AND VERONIQUE YEAKEY TRUST – USE PERMIT REQUEST #99141-UP BE CONTINUED TO NOVEMBER 20, 2002.

ITEM 9 - DEL DOTTO WINERY / ERICKSON PROPERTIES, INC. - USE PERMIT REQUEST #02082-UP BE REMOVED FROM THE AGENDA AND RE-NOTICED FOR NOVEMBER 6, 2002.

ITEM 11 - DARIOUSH KHALEDI WINERY / DARIOUSH KHALEDI WINERY LLC – USE PERMIT MODIFICATION REQUEST #02301-MOD BE REMOVED FROM THE AGENDA AND BE RE-NOTICED.

Public Hearings

7. Consent Agenda.

SEE ITEMS 8, 9 AND 11.

8. Oakville, LLC/Robert and Veronique Yeakey Trust – Use Permit Request #99141-UP California Environmental Quality Act (CEQA) Status: Initial Study Prepared.
Request: Approval of a Use Permit exception to the Napa County Conservation Regulations for construction of an access road on slopes of over 30% located on four contiguous parcels totaling 337± acres on Oakville Grade, approximately 1,000 feet east of its intersection with Mt. Veeder Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # 027-310-031, 032 SFAP, 036, 037 (ptn) and 038) (Continued from July 3, 2002 and October 16, 2002) (TO BE CONTINUED TO NOVEMBER 26, 2002).

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO NOVEMBER 20, 2002.

TS-JK-LS-TH-DG

X X

9. Del Dotto Winery / Erickson Properties, Inc. - Use Permit Request #02082-UP
CEQA Status: Mitigated Negative Declaration Prepared.
Request: Approval of a Use Permit to establish a 48,000 gallon per year winery within: (1) a new 15,454 square foot winery building with 8,450 square feet of caves for a winery totaling 23,904 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to six custom producers utilizing 21% (10,000 gallons per year) of the total approved winery production capacity; (3) four full-time and one part-time employees; (4) 200 visitors per week; (5) 20 parking spaces; (6) tours and tastings by appointment only; (7) a marketing plan with 20 annual marketing events with a maximum of 50 people, 13 annual wine dinners with a maximum of 20 people, and 1 annual customer party with a maximum of 100 people; and (8) an entry structure, located on an 11.1 acre parcel at the southwest corner of State Highway 29 and West Zinfandel Lane, approximately one mile south of the City of St. Helena within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #027-160-046) 1291 West Zinfandel Lane, St. Helena. (TO BE REMOVED FROM CALENDAR AND WILL BE RENOTICED).

REMOVED FROM AGENDA AND WILL BE RENOTICED FOR NOVEMBER 6, 2002.

TS-JK-LS-TH-DG

X X

10. Gateway Sports & Day Care Center/Napa Valley Gateway Limited – Use Permit Request #02142-UP
CEQA Status: Mitigated Negative Declaration Prepared.
Request: Approval of a Use Permit to construct a 27,800 square foot concrete tilt-up building with stucco projections and a concrete tile roof for use as an athletic club with a day care center for up to 103 children including: (1) eight outdoor lighted tennis courts; (2) a fenced outdoor play yard; (3) two outdoor swimming pools; (4) an outdoor wading pool and two spas; 5) a detached 800 square foot tennis pro shop with covered seating area; (6) a 1,000 square foot pool equipment building; (7) ten full-time and 15 part-time employees; and, (8) a 123 space parking lot, located on a 4.43 acre parcel at the northwest corner of Sheehy Court and Devlin Road within an IP:AC (Industrial Park:Airport Compatibility) combination zoning district. (Assessor’s Parcel #057-250-003 & 004).

PUBLIC HEARING OPENED - TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO NOVEMBER 6, 2002.

TS-JK-LS-TH-DG

X X

11. Darioush Khaledi Winery / Darioush Khaledi Winery LLC – Use Permit Modification Request #02301-MOD
CEQA Status: According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.
Request: Approval to modify Use Permit #U-547879 and #99008-MOD to: (1) expand the winery’s current public tours and tasting to allow private tours and tasting within a separate area of the winery; (2) add 300 additional visitors per day for private tours and tasting by appointment only; (3) relocate existing parking and add 30 parking spaces for a total of 45 spaces, located on a 28.45-acre parcel on the east side of Silverado Trail approximately 3,800 feet northwest of Soda Canyon Road with an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel

#39-400-075) 4240 Silverado Trail, Napa.

REMOVED FROM AGENDA AND WILL BE RENOTICED.

TS-JK-LS-TH-DG

X X

12. William Cole Winery / William and Jane Ballentine Trust Etal – Use Permit Request #02307-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) 5,400 square feet in the basement of an existing building and 4,000 square feet of caves for a winery totaling 9,400 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to four custom producers utilizing up to 50% (10,000 gallons per year) of the total approved winery production capacity; (3) two full and one part-time employees; (4) tours and tasting by appointment only with ten visitors per week; (5) six parking spaces; (6) a marketing plan with four activities per year with a maximum of 15 people per event, three activities per year with a maximum of 25 people per event, and one activity per year with a maximum of 100 people per event; (7) construction of a standard winery wastewater septic

12. Continued

system; and (8) improvement of the driveway entrance on St. Helena Highway North (State Highway 29), located on a 5.12 acre parcel on the west side of St. Helena Highway North approximately 400 feet north from its intersection with Deer Park Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #022-230-005) 2849 St. Helena Highway North, St. Helena.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE PLANNING COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 2 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH ONE MITIGATION MEASURE.

TS-JK-LS-TH-DG

X X

THE COMMISSION APPROVED USE PERMIT #02307-UP BASED ON FINDINGS 10 THROUGH 18, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18. TS-JK-LS-TH-DG

X X

13. Jinks Winery / Susan Jinks Trust Etal – Variance Request #02326-VAR
CEQA Status: Negative Declaration Prepared (see below)
Request: Approval of a variance to the required twenty foot rear yard setback to permit a winery to be established within an existing building located 5 to 12 feet from the rear property line, located on a 20 acre parcel 3,200 feet east of Silverado Trail, approximately 1.5 miles south of its intersection with Yountville Cross Road within an AP/AW (Agricultural Preserve/Agricultural Watershed) split zoning districts. (Assessor’s Parcel #032-400-031) 5880 Silverado Trail, Napa.

(HELD CONCURRENTLY WITH ITEM 14)

14. Jinks Winery / Susan Jinks Trust Etal - Use Permit Request #02327-UP
CEQA Status: Negative Declaration Prepared.
Request: Approval of a Use Permit to establish a 15,000 gallon per year winery within: (1) an existing 1,086 square foot winery building with 2,100 square foot of caves for a winery totaling 3,186 square feet; (2) a crush pad; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for one custom producer utilizing 20% (3,000 gallons per year) of the total approved winery production capacity; (4) one part-time employee; (5) eight visitors per week; (6) five parking spaces; (7) tours and tastings by appointment only; (8) eight annual marketing events with a maximum of 25 people, located on a 20 acre parcel 3,200 feet east of Silverado Trail, approximately 1.5 miles south of Silverado Trail’s intersection with Yountville Cross Road within an AP/AW (Agricultural Preserve/Agricultural Watershed) split zoning districts. (Assessor’s Parcel #032-400-031) 5880 Silverado Trail, Napa.

PUBLIC HEARINGS OPENED – TESTIMONY PRESENTED

PUBLIC HEARINGS CONTINUED TO NOVEMBER 20, 2002.

TS-JK-LS-TH-DG

X X

Other Business

15. City Referrals.

NONE

16. Discussion of Items for the October 30, 2002 Special Meeting and the November 6, 2002 Regular Meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED OF THE FOLLOWING:

OCTOBER 30, 2002 SPECIAL MEETING

CONTINUE DISCUSSION REGARDING THE PROPOSED STREAM SETBACK ORDINANCE REQUEST #02304-ORD.

NOVEMBER 6, 2002

THE AIRPORT LAND USE COMMISSION WILL CONSIDER THE GATEWAY SPORTS & DAY CARE CENTER / NAPA VALLEY GATEWAY LIMITED – AIRPORT LAND USE COMPATIBILITY DETERMINATION #ALU-140.

PALISADES WINERY/JOHN KOMES-USE PERMIT REQUEST #00337-UP.

ACACIA WINERY/CHALONE INC., HENRY AND MARINA WRIGHT, FRANCES GOODWIN – USE PERMIT REQUEST #02169-MOD.

DEL DOTTO WINERY/ERICKSON PROPERTIES, INC. – USE PERMIT REQUEST #02082-UP.

PHILLIPS WINERY/ARLIE JEAN PHILLIPS-USE PERMIT REQUEST #02353-MOD.

PROPOSED ORDINANCE AMENDMENT #02467-ORD REGARDING SETBACKS IN BERRYESSA HIGHLANDS.

17. Commissioner Comments.

JOSEPH FOLKARD, DEPUTY COUNTY COUNSEL, REPORTED THAT THE TOM EDDY WINERY CASE WENT TO HEARING IN OUR LOCAL COURTS AND THE COUNTY PREVAILED; HOWEVER, THE CASE HAS BEEN APPEALED TO THE COURT OF APPEAL.

COMMISSIONER SCOTT RECEIVED A CALL FROM THE CURRENT PRESIDENT OF THE CALIFORNIA PLANNING COMMISSIONER’S ASSOCIATION ENCOURAGING COMMISSIONERS TO ATTEND THE UPCOMING CONFERENCE.

18. Director's Report on Board of Supervisors' Actions.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED OF THE FOLLOWING:

THE BOARD APPROVED ENVIRONMENTAL DOCUMENTS AND PLANS AND SPECIFICATIONS FOR THE JUVENILE JUSTICE CENTER AT THEIR MEETING OCTOBER 15, 2002.

THE BOARD DIRECTED THE PLANNING DEPARTMENT TO REVIEW THE SIERRA CLUB “TREE INITIATIVE”.

THE BOARD WILL LIKELY CONSIDER THE CARNEROS LODGE APPEAL OCTOBER 22, 2002.

THE STONEY SPRINGS/GLEN COOK APPEAL IS SCHEDULED TO BE CONSIDERED BY THE BOARD AT THE FIRST MEETING IN NOVEMBER ALTHOUGH BOTH PARTIES ARE ATTEMPTING TO WORK OUT A SETTLEMENT.

19. Future Agenda Items.

MR. LEDERER ADVISED THAT THE DEPARTMENT IS WORKING ON ENFORCEMENT AND CODE COMPLIANCE AND RECENTLY SENT OUT LETTERS TO SIX OR SEVEN WINERIES IN AN ATTEMPT TO RESOLVE COMPLIANCE ISSUES PRIOR TO ISSUING ADMINISTRATIVE PENALTIES.

MR. LEDERER ADVISED THAT A COMPLIANCE LETTER WAS SENT REGARDING THE DEL DOTTO WINERY, AND IF THE MATTER IS NOT RESOLVED, IT MAY BE SCHEDULED FOR CONSIDERATION BY THE COMMISSION.

Adjournment.

ADJOURNED TO SPECIAL CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION MEETING, WEDNESDAY, OCTOBER 30, 2002 AT 9:00 A.M.

LARRY SCHOENKE, Vice-Chairperson

ATTEST: CHARLES WILSON, Secretary–Director

MICHELLE PRICE, Deputy Secretary

Key

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 the vote: N = No; A = Abstain; X = Excused