MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

September 3, 2003

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, SEPTEMBER 3, 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, DAVID GRAVES AND JIM KING.

3. Pledge of Allegiance.

MICHELLE PRICE, DEPUTY CLERK OF THE BOARD, LED THE SALUTE TO THE FLAG.

4. Citizen Comments and Recommendations.

NONE

5. Approval of Minutes.

APPROVED MINUTES OF MEETING OF MARCH 20, 2002.

JK-DG-BF-TS

APPROVED MINUTES OF MEETING OF APRIL 3, 2002.

JK-DG-BF-TS

APPROVED MINUTES OF MEETING OF APRIL 17, 2002.

JK-DG-BF-TS

APPROVED MINUTES OF MEETING OF MAY 21, 2003.

DG-BF-JK-TS

APPROVED MINUTES OF MEETING OF AUGUST 6, 2003.

JK-BF-DG-TS

6. Agenda Review.

STAFF ADVISED CORRESPONDENCE WAS SUBMITTED IN REGARD TO AGENDA ITEMS 9 AND 10, AND THE INFORMATION WILL BE ADDRESSED DURING THE PUBLIC HEARING PROCESS.

STAFF REQUESTED THE COMMISSION MOVE ITEM 8 REGARDING THE PROPOSED GROUNDWATER ORDINANCE AMENDMENT AND ITEM 11 REGARDING PROPOSED VIEWSHED ZONING ORDINANCE AMENDMENT #03175-ORD TO ITEM 7 AND CONTINUED TO OCTOBER 1, 2003.

Public Hearings

7. Items to be decided without additional testimony.

ITEMS 8 AND 11.

8. 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.

California Environmental Quality Act (CEQA) Status: Categorically Exempt, Class 8 (CEQA Guidelines Section 15308).

(Continued from August 06, 2003).

PUBLIC HEARING CONTINUED TO OCTOBER 1, 2003.

BF-JK-DG-TS

9. CE2V Winery, LLC – Use Permit Request #00340-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 area: cultural resources.
Request: Approval of a Use Permit to establish a new 100,000-gallon per year winery in two phases. (A) Phase One includes: (1) use of an existing 2,773 square foot building for production and barrel storage, and temporary conversion of an existing 1,088 square foot residence to offices and laboratory for a winery totaling 3,861 square feet; (2) use of an existing 1,440 square foot covered crush pad and a 600 square foot area for equipment storage related to production; (3) a maximum of four full-time employees and two part-time employees; and, (4) four parking spaces. Neither tours and tasting nor a marketing plan is requested as part of Phase One. (B) Phase Two includes: (1) construction of a new 12,070 square foot building for marketing events, administrative offices and barrel storage, a 150 square foot mechanical room, 12,000 square feet of caves for barrel storage, and conversion of the 1,088 square foot office/laboratory back to a residence for a Phase I & II total winery square footage of 28,081; (2) an additional 3,674 square foot covered outside production area; (3) retail wine sales; (4) a marketing plan with a maximum of three private tours and tasting for invited wine industry representatives and business associates per month with a maximum of 24 people per tour; (5) 11 additional parking spaces for a total of 15 spaces; and, (6) improvements to the existing access road from Pope Canyon Road to the development areas. Neither tours and tasting nor visitors are proposed for Phase II.

9. Continued

The project is located on two parcels totaling 152.36 acres on the east side of Pope Canyon Road about 1,000 feet northeast of its intersection with Chiles-Pope Valley Road, within an AW (Agricultural Watershed) zoning district (Assessor’s Parcels #018-140-009 and #018-150-016); 1784 Pope Canyon Road, St. Helena.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED MODIFYING CONDITION OF APPROVAL NUMBER 15 TO INCLUDE THAT COMPLETED LANDSCAPE AND BUILDING ELEMENT DESIGN PLANS SHALL BE PROVIDED TO THE COMMISSION FOR REVIEW, AS AN INFORMATIONAL ITEM ONLY, PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY. JK-DG-BF-TS

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 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. JK-BF-DG-TS

THE COMMISSION APPROVED USE PERMIT #00340-UP BASED ON FINDINGS 1 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 23, AS AMENDED. JK-BF-DG-TS

10.       James Prager / Prager Winery & Port Works, Inc. – Use Permit Request #02616-UP
CEQA Status: Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.
Request: Approval of a Use Permit to establish a new 75,000-gallon per year winery with: (1) 22,960 square feet of new buildings, no caves, for a winery totaling 22,960 square feet; (2) custom production activities (crushing, fermentation & barrel aging) for up to four custom producers utilizing 33.3% (25,000 gallons per year) of the total approved winery production capacity; (3) five full-time employees and two part-time employees; (4) 22 parking spaces and two loading zones; (5) tours and tasting by appointment only for a maximum of 15 visitors per day and 100 maximum visitors per week; (6) a marketing plan with 12 private promotional tastings and meals per year with an average of 35 and a maximum of 40 people per event and two events per year (one may be the Wine Auction Open House) with an average of 150 people per event and a maximum of 200 people per event; (7) construction of a wastewater pond, located on a 15.6-acre parcel on the northeast side of State Highway 128 approximately 1,200 feet north of its intersection with Tubbs Lane within an AP (Agricultural Preserve) zoning district (Assessor’s Parcel # 017-160-013) 3180 State Highway 128, Calistoga.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION.

JK-BF-DG-TS

10. Continued

THE COMMISSION APPROVED USE PERMIT #02616-UP BASED ON FINDINGS 10 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 24, AS AMENDED. JK-BF-DG-TS

11. Proposed Zoning Ordinance Amendment #03175-ORD amending portions of Title 18.106 of the Napa County Code, Viewshed Protection Program; to incorporate the fees for compliance with CEQA (California Environmental Quality Act); to clarify definitions in the ordinance; to add Jameson Canyon Road (from State Highway 29 to the Solano County line), American Canyon Road (from Flosden Road to Interstate-80), State Highway 29 in its entirety, Mt. Veeder Road, Lokoya Road, Wall Road, Partrick Road as new roads to the Program and delete Gordon Valley Road and Wooden Valley Road from the Program.

CEQA Status: Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.

PUBLIC HEARING CONTINUED TO OCTOBER 1, 2003.

BF-JK-DG-TS

Other Business

12. Cuvaison Carneros Winery/Cuvaison Inc. #01254-UP - Request to review and provide direction on proposed building colors for compliance with the approved project conditions of approval.

THE COMMISSION REVIEWED AND PROVIDED COMMENTS FOR CONSIDERATION BY THE CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT DIRECTOR IN MAKING HIS FINAL DECISION REGARDING THE PROPOSED BUILDING COLORS FOR COMPLIANCE WITH THE APPROVED CONDITIONS OF APPROVAL.

13. City Referrals: None

NONE

14. Discussion of items for the September 17, 2003 meeting.

JOHN MCDOWELL, PRINCIPAL PLANNER, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE SEPTEMBER 17, 2003 MEETING:

EHLERS LANE WINERY USE PERMIT MODIFICATION #03217-MOD INCREASING THE SIZE OF THE BUILDING, BUT NOT THE GALLONAGE

ETUDE WINERY USE PERMIT MODIFICATION #03228-MOD INCREASING THE GALLONAGE, BUT NOT THE SIZE OF THE BUILDING

15. Commissioner Comments.

CHAIR SCOTT COMMENTED THAT HE HAS BEEN ATTENDING THE FARMWORKER HOUSING OVERSIGHT COMMITTEE MEETINGS FOR THE LAST SIX MONTHS AS THE REPRESENTATIVE FOR THE COMMISSION, AND THE TERM OF OFFICE EXPIRES OCTOBER 1, 2003. HE INDICATED THE COMMISSION NEEDS TO CONSIDER WHETHER OR NOT THEY WOULD LIKE TO MAKE A REAPPOINTMENT OR APPOINT A NEW COMMISSIONER. COMMISSIONER SCOTT FURTHER ADVISED THAT HE WOULD BE WILLING TO CONTINUE SERVING ON THE COMMITTEE.

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

NO REPORT

17. Zoning Administrator Actions for August 2003.

STAFF ADVISED THE ZONING ADMINISTRATOR APPROVED PACIFIC UNION COLLEGE USE PERMIT #0311-UP (THE PRESIDENT’S HOUSE) ON AUGUST 18, 2003.

18. 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 HELD

Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, SEPTEMBER 17, 2003 AT 9:00 A.M.

TERRY SCOTT, Chairperson

ATTEST: CHARLES WILSON, Secretary-Director

MICHELLE PRICE, 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