MINUTES OF
THE MEETING OF THE
CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF
NAPA
January 15,
2003
1.
Call
to Order.
THE CONSERVATION, DEVELOPMENT
AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION,
WEDNESDAY, JANUARY 15, 2003, AT 9:00 A.M.
2.
Roll
Call.
THE
FOLLOWING MEMBERS WERE PRESENT: CHAIRPERSON DAVID GRAVES, COMMISSIONERS
BOB FIDDAMAN, LARRY SCHOENKE, TERRY SCOTT AND JIM KING.
3.
Pledge
of Allegiance.
4.
Citizen
Comments and Recommendations.
NONE
5.
Approval of Minutes.
NONE
6.
Agenda Review.
STAFF ADVISED THAT DUE TO NUMEROUS CHANGES TO THE
AGENDA, A REVISED AGENDA HAS BEEN PROVIDED.
AGENDA REVIEWED.
STAFF REQUESTED THAT THE COMMISSION HEAR ITEM 18, THE
DIRECTOR’S REPORT, PRIOR TO THE PUBLIC HEARINGS.
Public Hearings
7.
Items to be decided without
additional testimony.
(SEE ITEMS
8, 10, 11, AND 13)
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
03, October 16, and November 20, 2002)
REMOVED FROM THE
AGENDA AND WILL BE RENOTICED.
9. Peanut Winery / Peanut LLC - Use Permit Request #00323-UP
CEQA
Status: Mitigated Negative Declaration
Prepared. According to the Mitigated
Negative Declaration, the proposed project would have, if mitigation measures
are not included, potentially significant environmental impacts in the
following areas: aesthetics, hydrology and water quality, biological resources,
and noise.
Request: Approval of a Use Permit to establish a new
15,000-gallon per year winery with: (1)
a 4,223 square foot building for fermentation, storage and lab, a 2,632 square
foot building for administration and storage and 4,885 square feet of caves for
barrel storage for a winery totaling 11,740 square feet; (2) two full-time
employees with five additional full-time employees during crush; (3) a maximum of 30 visitors
per week; (4) six parking spaces; (5) Tours and Tasting by appointment only for
two to four people, four times per month; (6) a marketing plan with four
activities per year with a maximum of ten people per event and one luncheon
related to the wine auction for a maximum of 30 people; (7) construction of a
standard sewage system and storage tanks for domestic water storage and fire
protection; and, (8) improvements to the drainage at the intersection of North
Fork Crystal Springs Road and Silverado Trail, located on a 30.37-acre parcel
on the east side of North Fork Crystal Springs Road, approximately 1,738 feet
from its intersection with Silverado Trail within an AW (Agricultural
Watershed) zoning district. (Assessor’s
Parcel #021-420-007) 230 North Fork
Crystal Springs Road, St. Helena.
THE COMMISSION APPROVED
ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED
NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH INCORPORATED
MITIGATION MEASURES AND THE MITIGATION MONITORING AND REPORTING PROGRAM. LS-JK-BF-TS-DG
THE COMMISSION APPROVED USE
PERMIT #00323-UP, BASED ON FINDINGS 10 THROUGH 14, SUBJECT TO CONDITIONS
OF APPROVAL 1 THROUGH 21, AS REVISED. LS-TS-JK-BF-DG
10.
Del
Dotto Winery / Erickson Properties, Inc. - Use Permit Request #02082-UP
CEQA Status: Mitigated Negative Declaration
Prepared. According to the Mitigated
Negative Declaration, the proposed project would have, if mitigation measures
are not included, potentially significant environmental impacts in the
following areas: traffic, historic resources, and aesthetics.
Request: Approval of a Use Permit to establish a 48,000 gallon per year winery
including: (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; (8) an entry structure, and (9) a left-hand turn lane on
St. Helena Highway, located on an 11.1 acre parcel at the southwest
corner of St. Helena Highway 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. (Continued from November 06, and December
04, 2002)
PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO
FEBRUARY 5, 2003.
LS-TS-BF-JK-DG
11.
Borge,
Lorna Jeanne - Use Permit Request #02339-UP
CEQA Status: Mitigated Negative Declaration
Prepared. According to the
Mitigated Negative Declaration, the
proposed project would, if mitigation measures are not included, potentially significant
environmental impacts in the following areas:
hydrology and noise.
Request: Approval of a Use
Permit to establish a Public Kennel to use an existing 960 square foot building
for the Kennel initially and construct a 1,920 square foot kennel building in
the year 2007 for a maximum of 2,800 square feet and a maximum limit of 25
boarding animals located on an 8.52 acre parcel on the north side of Hagen Road
± 1,400 feet east of its intersection with Silverado Trail within an RC
(Residential Country) zoning district (Assessor’s Parcel # 049-190-003) 1136 Hagen
Road, Napa.
PUBLIC HEARING OPENED – NO
TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO
FEBRUARY 5, 2003.
LS-TS-BF-JK-DG
12.
Elexis
Solomon (Bay Leaf Restaurant) / Atlas Restaurant Holdings, LLC – Use Permit
Modification Request #02362-MOD Revised
CEQA Status: Categorically Exempt.
Request: Approval to modify Use Permit #U-428283 and
expand the existing 80-seat restaurant facility as follows: (1) recognize a 618 square foot expansion of
the kitchen; (2) recognize a 57 square foot wait station; (3) recognize
the 153 square foot additional storage space; (4) recognize the 85 square
foot storage enclosure; (5) recognize a 32 square foot employee restroom; (6)
recognize the 147 square foot extension of the entrance/foyer; (7) recognize
the roof cover structure over the entry walkway and porte-cochere as
constructed; (8) construct a 120 square foot customer restroom; (9)
recognize a 695 square foot structure for storage (575 square feet) and
office (120 square feet) space and recognize the constructed 130 square foot
addition as office space; (10) recognize the trellis cover over the outdoor
eating area as constructed; (11) recognize the trellis room (dumpster
enclosure) as constructed. No increase
in the total number of existing 80 seats for the restaurant and bar or hours of
operation is being proposed. The
restaurant is located on a 3.48 acre parcel on the southeast side of Monticello
Road at its intersection with Vichy Avenue within a CL (Commercial Limited) and
RC (Residential Country) split zoning district. (Assessor’s Parcel #49-030-033)
2025 Monticello Road, Napa.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
ENVIRONMENTAL
DETERMINATION: THE PROJECT IS
CATEGORICALLY EXEMPT (CLASS 3 – NEW SMALL STRUCTURES, CEQA GUIDELINES SECTION
15303; AND CLASS 1 – EXISTING FACILITIES, CEQA GUIDELINES SECTION 15301(l)(4)). TS-LS-BF-JK-DG
N
THE COMMISSION
APPROVED USE PERMIT MODIFICATION #02362-MOD BASED ON FINDINGS 11 THROUGH 20,
SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 9, AS REVISED. TS-LS-BF-JK-DG
N
13.
Kathryn
Hall Winery / 199 Rutherford Associates, Ltd. - Use Permit Modification Request
#02423-MOD
CEQA Status: Categorically
Exempt
Request: Approval
to relocate a previously approved special design septic system to a new location
on the subject property located on ± 40.05 acre parcel on the south side of Auberge Road
(a private road) which is off of Rutherford Hill Road, ±1,000
feet north of its intersection with Silverado Trail and State Highway 128
within an AW (Agricultural Watershed) zoning district (Assessor’s Parcel
#030-300-033) 60 Auberge Road, St. Helena.
PUBLIC
HEARING CONTINUED TO FEBRUARY 19, 2003.
LS-TS-BF-JK-DG
14.
Industrial Park Use Determination – Report
and request for comments on a pending Planning Director determination that
Vineyard Management Service Centers qualify for use permit processing within
the (IP) Industrial Park Zoning District.
THE
COMMISSION UNANIMOUSLY AGREED TO SUPPORT KEEPING THE INDUSTRIAL PARK ZONING
DISTRICT ATTRACTIVE FOR USE BY THE WIDEST RANGE OF QUALITY LESSEES OR
OWNERS. THE COMMISSION ALSO EXPRESSED
SUPPORT FOR MAKING IT EASIER FOR STAFF TO PROCESS APPLICATIONS THAT PROVIDE
AREAS FOR USES THAT SUPPORT AGRICULTURE.
15.
City Referrals.
NONE
16.
Discussion of items for the February 5, 2003 Meeting.
BOB
NELSON, SUPERVISING PLANNER, ADVISED THAT THERE WILL BE SEVEN USE PERMIT
HEARINGS AND TWO AIRPORT LAND USE COMMISSION HEARINGS. IN ADDITION, THE COMMISSION WILL CONSIDER
THE LAIRD FAMILY ESTATE (WINERY) LIGHTING COMPLIANCE ISSUE.
17.
Commissioner Comments.
COMMISSIONER FIDDAMAN COMMENTED THAT HE ENJOYED HIS
FIRST DAY ON THE PLANNING COMMISSION.
COMMISSIONER KING COMMENTED ON A PREVIOUS REQUEST BY
COMMISSIONER SCOTT AND FORMER COMMISSIONER HOLZHAUER REGARDING REIMBURSEMENT TO
COMMISSIONERS FOR EXPENSES RELATED TO ATTENDING CONFERENCES. HE ADVISED THAT THE REQUEST HAS BEEN
APPROVED AND THOSE COMMISSIONERS WHO ATTENDED THE CONFERENCE IN ONTARIO SHOULD
SUBMIT A CLAIM FOR REIMBURSEMENT.
CHAIRMAN GRAVES REQUESTED STAFF PROVIDE A LIST OF WINERY
USE PERMITS AND OTHER USE PERMITS APPROVED BY THE COMMISSION BROKEN DOWN BY
YEAR FOR THE PAST FOUR YEARS.
COMMISSIONER KING AGREED WITH CHAIRMAN GRAVES, AND
HE COMMENTED THAT WHEN NEW COMMISSIONERS COME ON BOARD
THERE IS OFTEN A LACK OF HISTORICAL PERSPECTIVE REGARDING DECISIONS MADE BY THE
COMMISSION FROM A LEGAL, STAFF AND COMMISSION PERSPECTIVE. HE SUGGESTED THE POSSIBILITY OF SCHEDULING A
HALF-DAY WORKSHOP OR RETREAT TO SHARE INFORMATION WITH NEW COMMISSIONERS.
17. Continued
PATRICK LYNCH, ASSISTANT PLANNING DIRECTOR, ADVISED HE
WILL PROVIDE AN OVERVIEW OF USE PERMITS THAT HAVE BEEN APPROVED ON MARCH 19,
2003. IN ADDITION, HE WILL PROVIDE
POTENTIAL LOCATIONS FOR A WORKSHOP AND AT THAT TIME THE COMMISSION CAN
DETERMINE THE DATE AND WHETHER OR NOT THE WORKSHOP SHOULD BE A HALF DAY OR A
FULL DAY.
18.
Director's Report on Board of Supervisors' Actions.
PATRICK
LYNCH, ASSISTANT PLANNING DIRECTOR, WELCOMED COMMISSIONER FIDDAMAN.
MR. LYNCH
COMMENTED THAT THE UPCOMING JOINT MEETING WITH THE BOARD OF SUPERVISORS
SCHEDULED FOR FEBRUARY 11, 2003 WILL BE POSTPONED UNTIL SOME TIME IN MARCH IN
ORDER TO ALLOW THE NEW COUNTY EXECUTIVE OFFICER, WILLIAM CHIAT, TO BE A PART OF
THE PROCESS.
19.
Zoning Administrator Actions for December 2002.
COMMISSIONER KING COMMENTED
ON THE VIEWSHED DETERMINATION APPROVAL AND REQUESTED CLARIFICATION THAT THE
LIVING AREA, MASTER BEDROOM, GUEST COTTAGE,
SPA ROOM, ETC., ARE ALL SEPARATE UNITS.
MR. NELSON RESPONDED THAT THE
UNITS ARE SEPARATE.
20.
Future Agenda Items (Status of Enforcement program)
February 5, or February 19, 2003.
MR. NELSON
ADVISED OF THE FOLLOWING:
DISCUSSION
OF ENFORCEMENT ISSUES WILL OCCUR ON EITHER FEBRUARY 5 OR FEBRUARY 19,
2003.
DISCUSSION REGARDING TOPICS FOR THE JOINT MEETING WITH THE BOARD OF SUPERVISORS WILL BE AGENDIZED FOR FEBRUARY 19, 2003.
ELECTION
OF OFFICERS AND THE POSSIBILITY OF ROTATING THE CHAIRPERSON RATHER THAN
ELECTING THE CHAIR WILL BE DISCUSSED ON MARCH 19, 2003.
MR. LYNCH
COMMENTED THAT THE BOARD OF SUPERVISORS WILL CONDUCT A HEARING REGARDING THE
PROPOSED STREAM SETBACK ORDINANCE ON JANUARY 28, 2003 AT THE FAIRGROUNDS.
Adjournment.
ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, FEBRUARY 5, 2003 AT 9:00 A.M.
DAVID GRAVES, Chairperson
ATTEST: CHARLES
WILSON, Secretary - Director
MICHELLE PRICE, Deputy Clerk
Vote: JK = Jim King; BF =
Bob Fiddaman; LS = Larry Schoenke; DG = David Graves; TS = Terrence Scott
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