CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
March 5, 2003
1. Call
to Order.
THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN
REGULAR SESSION, WEDNESDAY, MARCH 5, 2003, AT 3:32 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIR
GRAVES AT 3:32 P.M.
2. Roll
Call.
THE FOLLOWING MEMBERS WERE PRESENT:
CHAIRPERSON DAVID GRAVES, COMMISSIONERS BOB FIDDAMAN, TERRY SCOTT AND
JIM KING. COMMISSIONER LARRY
SCHOENKE WAS EXCUSED.
3. Citizen
Comments and Recommendations.
NONE
4. Approval
of Minutes.
NONE
5. Agenda
Review.
STAFF RECOMMENDED ITEM 11 - DOMESTIC WATER SUPPLIES
PROTECTION ORDINANCE - PROPOSED ZONING ORDINANCE AMENDMENT REQUEST
(#02626-ORD) BE HEARD BEFORE ITEMS 7,
8, 9 AND 10.
Public Hearings
6. Items to be decided without additional testimony.
(SEE ITEMS 7 AND 8)
7. Napa
Valley Gateway Limited – Tentative Parcel Map Request #02237-PM
California Environmental Quality Act (CEQA) Status: Mitigated Negative Declaration
Prepared. According to the Mitigated
Negative Declaration, the proposed project would have, if mitigation measures
are not included, a potentially significant environmental impact in the
following area: geological hazards.
Request: Approval to divide a 2.33 acre
parcel into two parcels of 45,695 square feet and 55,821 square feet,
located on the west side of Technology Way approximately 682 feet northeast of
its intersection with Technology Court, in the Napa County Airport Industrial
Area Specific
Plan, within an IP:AC (Industrial Park: Airport Compatibility Combination)
zoning district. (Assessor’s Parcel #
057-250-016). (Continued from February
19, 2003).
(HELD
CONCURRENTLY WITH ITEM 8)
8. Lab By Design / Mary Kay Kaltreider
– Napa Valley Gateway Limited - Use Permit Request #02448-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: housing and traffic.
Request: Approval of a use permit to
construct and occupy a 10,600 square foot building with the following: (1) 8,600 square feet for office space,
demonstration room, conference room, AutoCAD/Plot room, copy room, employee
break room, restrooms, architectural features, and one loading dock and 2,000
square feet for warehouse/storage for the assembly of laboratory furniture and
fixtures. Lab by Design is proposing to
occupy 6,000 square feet of the building, with the remaining to be leased at a
future date; (2) driveway access and 42 parking spaces and
(3) landscaping; located on a 2.33 acre parcel on the west side of
Technology Way, approximately 682 feet northeast of its intersection with Technology
Court, in the Napa County Airport Industrial Area Specific Plan, within an
IP:AC (Industrial Park: Airport Compatibility Combination) zoning
district. (Assessor’s Parcel #
057-250-016). (Continued from February
19, 2003).
PUBLIC HEARING HELD – NO 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. JK-TS-BF-LS-DG
X
THE
COMMISSION APPROVED TENTATIVE PARCEL MAP #02237-PM BASED ON FINDINGS 12 THROUGH
15 AND USE PERMIT #02448-UP BASED ON FINDINGS 7 THROUGH 11, SUBJECT TO
CONDITIONS OF APPROVAL 1 THROUGH 13.
JK-TS-BF-LS-DG
X
9. Abreu Howell Mountain Vineyard / David
Abreu Vineyard Management, Inc. – Use Permit Request #02113-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, geology and soils, hydrology and water quality, noise and transportation/traffic.
Request: Approval of a Use Permit to establish a new 20,000 gallon per
year winery with: (1) a 3,040 square
foot building for fermentation, bottling and retail sales, a 1,600 square foot
building for administrative office and laboratory, with a 1,876 square foot
lower deck and a 1,877 square foot upper deck, and 13,200 square feet of caves
for barrel storage and marketing activities for a total winery area of 17,840
square feet; (2) a 280 square foot building for mechanical equipment; (3) a
1,824 square foot covered crush pad area; (4) custom crush activities
(crushing, fermentation, barrel ageing and bottling) for up to two entities
utilizing 35% (7,000 gallons per year) of the total approved 20,000 gallon
winery production capacity; (5) two full and/or part-time employees;
(6) 12 visitors per week; (7) 15 parking spaces; (8) one private tour and
tasting by appointment only per week for a maximum of 12 people for members of
the wine trade and public (all activities will take place during non-school
hours); (9) a marketing plan with three activities per year for private wine
and food tastings for members of the wine trade with a maximum of 15 people;
three private wine and food events for a maximum of 25 people, one private
harvest event for a maximum of 50 people; (10) two 21,000 gallon water tanks;
and, (11) a septic and leach field, located on a 20.0 acre parcel on the north
side of Los Posadas Road, a quarter of a mile east of its intersection with
Cold Springs Road within an AW:AC (Agricultural Watershed/Airport
Compatibility) zoning district.
(Assessor’s Parcel #024-300-066) 365 Los Posadas Road, Angwin.
(HELD
CONCURRENTLY WITH ITEM 10)
10. Abreu Howell Mountain Vineyard / David
Abreu Vineyard Management, Inc. - Use Permit Exception #02621-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: geology & soils and hydrology and water quality.
Request: A use permit exception to the Napa County Code
(Section 18.108.060) for the disturbance of slopes greater than 30 percent for
an average of 36% for the required leach field, located on a 20.0 acre parcel
on the north side of Los Posadas Road, a quarter of a mile east of its
intersection with Cold Springs Road within an AW:AC (Agricultural
Watershed/Airport Compatibility) zoning district. (Assessor’s Parcel #024-300-066)
365
Los Posadas Road, Angwin.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE
COMMISSION ADOPTED A MOTION OF INTENT TO APPROVE THE MITIGATED NEGATIVE
DECLARATION AND THE PROJECT, AS REVISED, PENDING REVIEW BY THE AIRPORT LAND USE
COMMISSION.
BF-TS-JK-LS-DG
X X
11.
Domestic
Water Supplies Protection Ordinance - Proposed
Zoning Ordinance Amendment Request (#02626-ORD)
To amend Chapter 18.108 (Conservation Regulations) by modifying Sections 18.108.010 (Purpose), 18.108.027 (General Provisions-Vegetation Preservation in Municipal Water Supply Areas), 18.108.030 (Definitions) and 18.108.140 (Violation-Penalty) and add a new Section 18.108.135 (Oversight & Inspection) of the Napa County Code. The proposal will:
a) expand the explicit purposes of the Conservation Regulations to include the protection of selected specified drinking water supply reservoirs;
b) expand the definition of domestic water supply drainages to include the Lake Curry, Lake Madigan, and Friesen Lakes drainages;
c) establish that drainage facilities in domestic water supply drainages must be designed to handle without failure the 100-year storm;
d) require notice of erosion control plan submission to owners/operators of water supply systems located within the area flowing into their reservoirs;
e) require submission of a geotechnical report for projects in a domestic water supply drainage;
f) require that the project engineer oversee implementation of his/her plan;
g) require that the property owner see that the erosion control measures installed are routinely inspected, properly maintained, and annually monitored;
h) provide a procedure and timelines for dealing with failures of erosion control facilities;
i) require mid-winter county inspections of erosion control plans paid for by the property owner for 3 years after the project is completed and stabilized;
j) require County spot checks of finished erosion control plans to assure that they are operating properly and provide for necessary right of entry;
k) clarify that bonding can be required by the Director of Planning to guarantee effective erosion control plan implementation and expand the circumstances under which a bond can be required; and,
l) provide new definitions and other related text changes as needed.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION RECOMMENDED THAT THE BOARD OF SUPERVISORS ADOPT THE ENVIRONMENTAL RECOMMENDATIONS FOR THE PROPOSED DOMESTIC WATER SUPPLIES PROTECTION ORDINANCE AS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER A CLASS 8 CATEGORICAL EXEMPTION, ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. JK-TS-BF-LS-DG
X
THE COMMISSION RECOMMENDED THAT THE BOARD OF SUPERVISORS ADOPT THE PROPOSED DOMESTIC WATER SUPPLIES PROTECTION ORDINANCE, AS REVISED WITH THE UNDERSTANDING THAT IT WILL BE REVIEWED IN TOTALITY AT THE TIME THAT THE CONSERVATION REGULATIONS ARE REVIEWED AND UPDATED IN THE NEAR FUTURE AS PART OF THE COMPREHENSIVE UPDATE.
JK-TS-BF-LS-DG
X
Other Business
12. City Referrals.
NONE
13. Discussion
of items for the March 19, 2003 Meeting.
STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED
THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE MARCH 19, 2003 MEETING:
DEL DOTTO WINERY/ERICKSON PROPERTIES, INC. – USE
PERMIT REQUEST #02082-UP.
OAKVILLE GROCERY/JOSEPH F. PHELPS REVOCABLE TRUST
–
USE PERMIT REQUEST #02591-UP.
VERIZON WIRELESS & NEXTEL
COMMUNICATIONS/JOSEPH HENSLEY (OWNER)/I-80 SITE-USE PERMIT REQUEST #01097-UP.
WHITE COTTAGE RANCH WINERY/DENNIS AND ADELE JOHNS
–
USE PERMIT REQUEST #02130-UP.
14. Commissioner
Comments.
COMMISSIONER KING ADVISED EARLIER IN THE DAY THAT
HE WILL NOT BE PRESENT AT THE MARCH 19, 2003 MEETING.
CHAIRMAN GRAVES COMMENTED ON A CONCERN RELATED TO
THE KATHRYN HALL WINERY HEARING INDICATING MR. SMITH SPOKE ON BEHALF OF THE
SITUATION WITH THE RUTHERFORD HILL WINERY REGARDING NOTIFICATION FOR LEAKS, AND
HE BELIEVES HIS TESTIMONY WAS CONTRADICTED BY MR. HALL. MR. SMITH FELT IT REFLECTED ON HIS
CREDIBILITY, SO HE PREPARED A LETTER TO BE DISTRIBUTED TO THE COMMISSION FOR
THE RECORD. HOWEVER, LAURA ANDERSON,
DEPUTY COUNTY COUNSEL, ADVISED THAT THE KATHRYN HALL WINERY WAS APPEALED AND
MR. SMITH’S LETTER SHOULD BE PROVIDED TO THE PLANNING DEPARTMENT.
MR. LEDERER ADVISED HE WOULD BE SURE MR. SMITH’S
LETTER WOULD BE INCLUDED IN THE APPEAL PACKAGE AND BECOME PART OF THE PUBLIC
RECORD.
BOB NELSON, SUPERVISING PLANNER, ADVISED THAT IN
RESPONSE TO THE COMMISSION’S REQUEST, STAFF HAS PREPARED A SUMMARY, WHICH
INCLUDES COMMISSION ACTIONS OVER THE LAST 4 YEARS RELATING TO WINERIES AND
GALLONAGE. THE REPORT WILL BE INCLUDED
IN THE AGENDA PACKET FOR THE MARCH 19, 2003 MEETING.
14. Continued
COMMISSIONER SCOTT COMMENTED REGARDING THE
INVITATION TO ATTEND A FARM LABOR HOUSING MEETING THAT HAD TAKEN PLACE THE DAY
BEFORE HE RECEIVED HIS AGENDA PACKET.
HE SPOKE WITH STEVE LEDERER ABOUT LOOKING INTO A WAY FOR THE COMMISSION
TO RECEIVE INFORMATION, SPECIFICALLY, INVITATIONS. HE COMMENTED THAT IN THE PAST EACH OF THE COMMISSIONERS USED TO
HAVE A MAIL SLOT THAT THEY COULD CHECK, AND HE WOULD LIKE TO REINSTATE THAT
PROCESS.
MR. LEDERER RESPONDED THAT HE WILL LOOK INTO THE
PROCESS FOR RECEIVING COMMISSIONER MAIL AND MAKE SURE TIME-SENSITIVE ITEMS ARE
DISTRIBUTED TIMELY.
15. Zoning
Administrator action for February
2003.
BRIEFLY DISCUSSED BALE LANE ANTIQUES.
16.
Directors Report.
·
Board of
Supervisors Items.
MR. LEDERER REPORTED
THE BOARD OF SUPERVISORS APPROVED THE BED AND BREAKFAST TECHNICAL AMENDMENT.
THE BOARD AUTHORIZED REFILLING A VACANT PLANNING
POSITION IN THE PLANNING DEPARTMENT POSITION AT THE PRINCIPAL MANAGEMENT LEVEL
TO HANDLE SOME OF THE LARGER UP-COMING PROJECTS. FOR EXAMPLE, THE ONGOING HOTEL PROJECTS, GENERAL PLAN AND ZONING
UPDATE.
·
Discussion of
agenda items for joint meeting with Board of Supervisors.
MR. LEDERER REPORTED HE IS WORKING ON A DATE TO
HOLD THE JOINT MEETING WITH THE BOARD AND SUGGESTED THE COMMISSION CONTINUE
DISCUSSION OF THE AGENDA ITEMS TO THE NEXT MEETING.
17.
Future Agenda
Items.
·
COMPLIANCE
REVIEWS (BORGE, BAY LEAF)
MR. LEDERER ADVISED COMPLIANCE REVIEW ITEMS WILL
BE CARRIED ON THE AGENDA.
Adjournment.
ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, MARCH 19, 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