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.

COMMISSIONER FIDDAMAN LED THE SALUTE TO THE FLAG.

 

           

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.

                                                            LS-TS-BF-JK-DG

 

 

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.

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 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 OPENED – NO TESTIMONY PRESENTED

 

            PUBLIC HEARING CONTINUED TO FEBRUARY 19, 2003.

                                                                        LS-TS-BF-JK-DG


Other Business

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                   

Key

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