MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

August 20, 2003

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE

COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, AUGUST 20 2003

AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:03 A.M.

2. Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT: CHAIRPERSON TERRY SCOTT, COMMISSIONERS BOB FIDDAMAN AND JIM KING. COMMISSIONER

DAVID GRAVES WAS EXCUSED.

3. Pledge of Allegiance.

LOU JEFFERSON, REPORTER FOR THE YOUNTVILLE SUN, LED THE SALUTE TO THE FLAG.

4. Citizens Comments and Recommendations.

NONE

5. Agenda Review.

NONE

Public Hearings

6. Items to be decided without additional testimony.

ITEMS 7 AND 8 WILL BE HEARD TOGETHEr.

7. Keever Winery / William & Olga Keever Trust Etal - Variance Request #02586-VAR
California Environmental Quality Act (CEQA) Status: See Item #8.
Request: Approval of a Variance to the winery road setback requirements set forth in Section 18.104.230 (B) of the County Code to allow both a new winery building to encroach ±210 feet and an existing 1,504 square foot barn (proposed to become a wine storage building) to encroach ±85 feet into the required 300 foot setback for private roads, located on a 21.11 acre parcel on the east side of Vineyard View Drive approximately 1 1/4 miles northwest of its intersection with Solano

Avenue within an AW/AP (Agricultural Watershed / Agricultural Preserve) split zoning district. (Assessor’s Parcel # 034-150-016) 11 Vineyard View Drive, Napa. (Continued from June 04, July 02, and July 16, 2003).

(HELD CONCURRENTLY WITH ITEM 8)

8. Keever Winery / William & Olga Keever Trust Etal – Use Permit Request #02587-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 traffic.
Request: Approval of a Use Permit to establish a new 20,000 gallon per year winery that includes:

(1) removing an existing ±8,000 square foot barn/stable building, constructing a 3,296 square foot

new winery building, converting an existing 1,504 square foot barn/garage to a wine storage

building, and excavating 2,500 square feet of cave for a winery totaling 7,300 square feet; (2) installing a 2,674 square foot covered crush pad; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to one custom producers utilizing 25% (5,000 gallons per year) of the total approved winery production capacity; (4) one full-time and two part-time employees; (5) five of parking spaces; (6) tours and tasting by appointment only with a maximum of eight visitors per day and 40 visitors per week; (7) a marketing plan with 24 private promotional food and wine events per year with a maximum of 20 people per event, two open house events per year with a maximum of 40 people per event, and two wine auction events per year with a maximum of 150 people per event; (8) construction of an engineered pressure distribution septic system for a reserve area requiring a permit; located on 21.11 acre parcel on the east side of Vineyard View Drive approximately 1 1/4 miles northwest of its intersection with Solano Avenue within an AW/ AP (Agricultural Watershed / Agricultural Preserve) split zoning district. (Assessor’s Parcel # 034-150-016) 11 Vineyard View Drive, Napa. (Continued from June 04, July 02, and July 16, 2003).

PUBLIC HEARING HELD - TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS

1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION, MONITORING AND REPORTING PROGRAM.

BF-JK-DG-TS

THE COMMISSION APPROVED VARIANCE #02586-VAR BASED ON FINDINGS

1 THROUGH 4, AS REVISED. BF-JK-DG-TS

THE COMMISSION APPROVED USE PERMIT #02587-UP BASED ON FINDINGS

11 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 26, AS REVISED. JK-BF-DG-TS

9. William and Betty Ballentine / Ballentine Winery– Use Permit Modification Request #03215-MOD
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.
Request: Approval to modify Use Permit #93080-UP to: (1) construct a 3,500 square foot building for winery and agricultural equipment storage, use an existing 3,750 square foot building for winery storage, convert an existing ±570 square foot vineyard operation office into winery

9. Continued

office space and convert a 720 square foot winery office into a retail sales and tasting area bringing the total winery area to 25,160 square feet; (2) add private tasting (no tours) by prior appointment only with no increase in the existing average of ten visitors per week; (3) add four

parking spaces for a total of nine spaces; (4) increase full-time employees to a total of five employees and reduce part-time employees to zero. The project is located on a 21.12 acres parcel

on the east side of St. Helena Highway approximately 900 feet north of Deer Park Road within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #022-200-003) 2820 St. Helena Highway North, St. Helena.

PUBLIC HEARING HELD - TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS

2 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH INCORPORATED MITIGATION MEASURES AND ADOPTED THE MITIGATION MONITORING AND REPORTING PROGRAM, AS REVISED.

JK-BF-DG-TS

THE COMMISSION APPROVED USE PERMIT #03215-MOD BASED ON FINDINGS

8 THROUGH 12 WITH FINDINGS 10 AND 11 HAVING BEEN MODIFIED BASED ON THE EVIDENCE PROVIDED, SUBJECT TO CONDITIONS OF APPROVAL

1 THROUGH 18. JK-BF-DG-TS

10. Proposed Ordinance Amendment of the Board of Supervisors of the County of Napa amending chapters 13.15, 15.08, 18.124 and 18.128 of the Napa County code establishing permit requirements for the extraction and use of pumped groundwater as a water source on affected properties and exemption from said permit requirements.

CEQA Status: Categorically Exempt, Class 8 (California Environmental Quality Act (CEQA) Guidelines Section 15308). (Continued from August 06, 2003) (Recommend continuance to September 03, 2003).

PUBLIC HEARING OPENED - NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO SEPTEMBER 3, 2003.

BF-JK-DG-TS

Other Business

11. City Referrals.

NONE

12. Discussion of Items for the September, 3, 2003 Meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE SEPTEMBER 3, 2003 MEETING:

CE2V WINERY, LLC – USE PERMIT REQUEST #00340-UP FOR NEW PRODUCTION FACILITY IN POPE VALLEY.

JAMES PRAGER / PRAGER WINERY & PORT WORKS, INC. – USE PERMIT REQUEST #02616-UP IN CALISTOGA.

DISCUSSION OF THE PROPOSED GROUNDWATER ORDINANCE AMENDMENTS. THERE WILL BE A PUBLIC MEETING ON AUGUST 27, 2003, PRIMARILY WITH THE AGRICULTURAL INDUSTRY.

DISCUSSION OF THE PROPOSED VIEWSHED ORDINANCE MODIFICATIONS AND POSSIBLE ADDITION OR DELETION OF CERTAIN ROADS.

13. Commissioner Comments.

NONE

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

CHAIRPERSON SCOTT REQUESTED THE STATUS OF THE DESIGN REVIEW COMMITTEE AND ADVISED HE WILL BE MEETING WITH SUPERVISOR DILLON REGARDING THE COMMITTEE SOMETIME THIS WEEK.

COMMISSIONER FIDDAMAN REQUESTED CLARIFICATION REGARDING THE BOARD’S DECISION ON THE JOHNNY MILLER PROPERTY.

MR. LEDERER RESPONDED THE AFFORDABLE HOUSING DISCUSSIONS ENDED AND THE WINERY HAD BEEN APPROVED OVER A YEAR AGO. THE ONLY ACTION REMAINING FOR THE BOARD WAS TO APPROVE THE WINERY USE PERMIT AND THE REZONING REQUEST.

THE BOARD OF SUPERVISORS APPROVED THE FENCING ORDINANCE AND THE 600 FOOT SETBACK.

THE BOARD APPROVED THE FINAL FINDINGS ON THE DEL DOTTO WINERY APPEAL. AN ADDITIONAL CONDITION OF APPROVAL WAS ADDED. THE CONDITION STATED IF COMPLIANCE COMPLAINTS REGARDING THE WINERY ARE PROVIDED TO THE PLANNING COMMISSION, A PUBLIC HEARING WILL BE HELD. THE PLANNING COMMISSION HAS THE RIGHT TO REIMPLEMENT THE MONITORING REQUIREMENT ($7500 FEE) AND HIRE A THIRD PARTY TO MONITOR THE WINERY FOR ANOTHER YEAR.

15. Future Agenda Items.

· Compliance Reviews: (#02339-UP, February 04, 2004) (#02362-MOD, 6 months after opening) (#02082-UP, 1 year after opening)

· Prepare for next meeting with Board of Supervisors (approximately December, 2003)

NOT DISCUSSED

Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, SEPTEMBER 3, 2003 AT 9:00 A.M.

TERRY SCOTT, Chairperson

ATTEST: CHARLES WILSON, Secretary-Director

SHERRY VATTUONE, Deputy Secretary

Key

Vote: JK = Jim King; BF = Bob Fiddaman; 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