MINUTES OF THE MEETING OF THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
October 1, 2003
1.
Call to Order.
THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN
REGULAR SESSION, WEDNESDAY, OCTOBER 1, 2003, AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR
SCOTT AT 9:42 A.M.
THE FOLLOWING MEMBERS WERE PRESENT: CHAIRPERSON TERRY SCOTT, COMMISSIONERS BOB FIDDAMAN, JIM KING AND JOHN DICKSON. COMMISSIONER DAVID GRAVES WAS EXCUSED.
3.
Citizen Comments and Recommendations.
NONE
4. Approval of Minutes.
ACCEPTED
MINUTES OF MEETING OF MAY 15, 2002.
JK-TS-BF-JD-DG
X
MINUTES OF THE MEETINGS OF JUNE 5 AND JULY 3, 2002 WERE CONTINUED TO THE OCTOBER
15, 2003 MEETING.
APPROVED
MINUTES OF MEETING OF JULY 2, 2003.
JK-BF-DG-JD-TS
X
APPROVED
MINUTES OF MEETING OF JULY 16, 2002.
JK-BF-DG-JD-TS
X
5.
Agenda
Review.
NO CHANGES
Public Hearings
6.
Items to be decided without additional testimony.
NONE
7. 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 (California Environmental Quality Act (CEQA) Guidelines Section 15308). (Continued from August 06, 2003).
PUBLIC
HEARING HELD – TESTIMONY PRESENTED
A
MOTION BY COMMISSIONER FIDDAMAN WAS WITHDRAWN.
THE
COMMISSION RECOMMENDED TO THE BOARD OF SUPERVISORS APPROVAL OF THE PROPOSED
ORDINANCE CHANGES.
BF-JD-JK-DG-TS
X
COMMISSIONER
KING REQUESTED HIS COMMENTS BE INCLUDED IN THE STAFF REPORT TO THE BOARD TO
REFLECT HIS CONCERNS REGARDING THE PROPOSED ORDINANCE AMENDMENT. COMMISSIONER KING INDICATED THAT IF THE
ORDINANCE IS TO BE EQUITABLE, THEN THE GOLF COURSES NEED TO BE BROUGHT INTO
CONFORMANCE EITHER THROUGH TREATED WATER USAGE OR SOME OTHER MECHANISM, AND
WITHIN A SPECIFIC PERIOD OF TIME, THEY SHOULD HAVE TO DECREASE THEIR
GROUNDWATER USAGE LEVELS TO THE SAME OR SIMILAR LEVELS THAT ARE ALLOWED FOR
AGRICULTURE AND RESIDENTIAL.
8.
Markham Vineyards / Legacy Estate Group LLC - Use
Permit Modification Request
#03205-MOD
CEQA Status: Negative
Declaration Prepared. According to the proposed Negative Declaration,
the proposed project would have no potentially significant environmental
impacts. This project site is not on
any of the lists of hazardous waste sites enumerated under Government code
section 656962.5
Request: Approval to modify Use Permit #93006-UP to
allow Markham Vineyards, (managing member of the Combined Waste Water
Management System (CWMS)), to increase treatment capacity from 9.985 million
gallons per year to 16.07 million gallons per year and increase the irrigation
application rate without expanding the physical size of the facility. (The CWMS serves Markham Vineyards, the Wine
Country Inn, Freemark Abbey and the Culinary Institute of America.) The project is located on the northeastern
corner of St. Helena Highway and Deer Park Road within an AP (Agricultural
Preserve) zoning district. (Assessor’s
Parcels #022-200-005, 008, 013, 016, 020 and 025).
PUBLIC
HEARING HELD – TESTIMONY PRESENTED
8. Continued
THE COMMISSION
APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE
DECLARATION.
BF-JD-JK-DG-TS
X
THE COMMISSION
APPROVED USE PERMIT MODIFICATION REQUEST #03205-MOD BASED ON FINDINGS 9 THROUGH
13. THERE ARE NO ADDITIONAL CONDITIONS
OF APPROVAL FOR THIS MODIFICATION, AND ALL PREVIOUS CONDITIONS OF APPROVAL ARE
IN FORCE AND EFFECT.
BF-JD-JK-DG-TS
X
9. 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 HELD – TESTIMONY PRESENTED
THE
COMMISSION RECOMMENDED TO THE BOARD OF SUPERVISORS APPROVAL OF CHANGES TO THE
VIEWSHED PROTECTION PROGRAM WITHOUT DELETING WOODEN VALLEY ROAD OR GORDON
VALLEY ROAD.
JD-BF-JK-DG-TS
X
10.
City Referrals.
NONE
11.
Discussion of items
for the October 15, 2003 meeting.
STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED
THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE OCTOBER 15, 2003 MEETING:
NEAL USE PERMIT MODIFICATION
REQUEST #03297-MOD TO INCREASE WINE PRODUCTION.
11. Continued
THE NAPA VALLEY CHRISTMAS TREE
FARM LOCATED ON BIG RANCH ROAD IS REQUESTING (#03298-RZG) TO REZONE THE PARCEL
FROM TIMBER PRESERVE TO AGRICULTURAL PRESERVE.
PRESENTATION BY HOWARD SIEGEL,
COMMUNITY PARTNERSHIP MANAGER, REGARDING COUNTY HOUSING ISSUES AND THE PROCESS
ASSOCIATED WITH THE NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG).
PRESENTATION BY KATE DARGAN, NAPA COUNTY FIRE MARSHALL, REGARDING CURRENT ACTIVITIES IN LOCAL FIRE.
DISCUSSION AND PREPARATION FOR
UPCOMING JOINT MEETING WITH THE BOARD OF SUPERVISORS.
12.
Commissioner
Comments.
COMMISSIONER KING COMMENTED THAT HE ATTENDED THE
NAPA CITY COUNCIL MEETING SEPTEMBER 30, 2003, AND HOWARD SIEGEL, COMMUNITY
PARTNERSHIP MANAGER, GAVE A PRESENTATION REGARDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NAPA AND THE COUNTY OF NAPA.
CHAIRMAN SCOTT RECOMMENDED THAT ALL
COMMISSIONERS, TO THE EXTENT POSSIBLE, VISIT THE SITE OF EVERY APPLICATION THAT
COMES BEFORE THE COMMISSION THAT IS NOT A MINISTERIAL DECISION. SITE VISITS CLARIFY THE ISSUES THAT COME
BEFORE THE COMMISSION IN THE FORM OF GRAPHS, SLIDES AND WRITTEN REPORTS. HE FURTHER INDICATED THE COUNTY REIMBURSES
FOR MILEAGE.
COMMISSIONER KING COMMENTED THAT AT VARIOUS TIMES
THERE HAVE BEEN MEMBERS FROM THE COMMISSION AND BOARD OF SUPERVISORS WHO DID
NOT WANT TO HAVE VISIT THE SITES PRIOR TO THE PUBLIC HEARING PROCESS. APPROXIMATELY ONE YEAR AGO, COUNTY COUNSEL
PROVIDED COMMISSIONER KING WITH LEGAL GUIDELINES ASSOCIATED WITH VISITING SITES
PRIOR TO COMMISSION MEETINGS.
STEVE LEDERER, DEPUTY PLANNING DIRECTOR, AND
LAURA ANDERSON, DEPUTY COUNTY COUNSEL, COMMENTED THAT AS A QUASI JUDICIAL BODY
THE COMMISSION CAN ONLY MAKE DECISIONS BASED ON THE RECORD BEFORE THEM AND THE
TESTIMONY PROVIDED DURING THE PUBLIC HEARING PROCESS. COMMISSIONERS MUST DISCLOSE ANY INFORMATION GATHERED FROM A
SITE VISIT TO THE FULL COMMISSION IF THE INFORMATION WILL BE USED AS PART OF
THEIR DECISION MAKING PROCESS. STAFF
FURTHER ADVISED THAT IF THERE WAS A CONVERSATION BETWEEN A COMMISSIONER AND AN
APPLICANT OR NEIGHBOR, THAT THE COMMISSIONER REQUEST THE PARTIES TO THE CONVERSATION
PROVIDE THEIR COMMENTS DURING THE PUBLIC HEARING PROCESS.
12. Continued
COMMISSIONER FIDDAMAN COMMENTED THAT HE PREFERS
TO CONDUCT HIS SITE VISITS WITHOUT THE APPLICANTS OR NEIGHBORS BEING PRESENT.
COMMISSIONER KING REQUESTED AN UPDATE REGARDING
COMMISSIONER MEMBERSHIP FOR THE AMERICAN PLANNING ASSOCIATION (APA).
MR. LEDERER RESPONDED THAT HE WILL LOOK INTO THE
MATTER.
13.
Zoning
Administrator action for September 2003.
COMMISSIONER FIDDAMAN REQUESTED CLARIFICATION ON
THE REQUEST FROM VINEYARD 29 TO HOLD A GRAND OPENING.
STEVE LEDERER, DEPUTY PLANNING DIRECTOR, RESPONDED
THAT BASED ON LETTERS OF CONCERN FROM CALTRANS, THE CALIFORNIA HIGHWAY PATROL
AND THE FIRE DEPARTMENT, THE ITEM WAS CONTINUED IN ORDER TO ALLOW THE APPLICANT
AN OPPORTUNITY TO DISCUSS THE CONCERNS OF EACH ENTITY. FOLLOWING DISCUSSIONS WITH EACH ENTITY,
THE REQUEST TO HOLD THE GRAND OPENING WAS WITHDRAWN.
14.
Directors Report on
Board of Supervisors Action.
MR. LEDERER ADVISED THE BOARD OF SUPERVISORS WILL
BE HOLDING A STUDY SESSION REGARDING THE BROWN ACT IN THE AFTERNOON OF A
REGULARLY SCHEDULED PLANNING COMMISSION MEETING SOME TIME IN NOVEMBER OR
DECEMBER.
15.
Discuss / prepare for proposed upcoming meeting with
the Board of Supervisors.
MR. LEDERER UPDATED THE COMMISSION IN REGARD TO
THE SCHEDULING OF THE JOINT MEETING WITH THE BOARD OF SUPERVISORS AND INDICATED
THE JOINT MEETING WILL BE HELD THE FIRST OR SECOND WEEK IN
JANUARY 2004. HE ALSO INDICATED
THAT WITHIN THE NEXT COUPLE OF WEEKS, THE PLANNING DEPARTMENT WILL RECEIVE A
LETTER FROM THE COUNTY EXECUTIVE OFFICE EVALUATING THE POSSIBILITIES OF
IMPLEMENTING THE ITEMS DISCUSSED DURING THE PREVIOUS JOINT MEETING, WHICH
INCLUDED THE DESIGN REVIEW COMMITTEE, CHANGES TO THE WINERY DEFINITION
ORDINANCE AND ENFORCEMENT ISSUES.
COMMISSIONER
FIDDAMAN INQUIRED WHETHER OR NOT THE ENFORCEMENT PRESENTATION HAD BEEN GIVEN TO
THE BOARD OF SUPERVISORS.
STAFF
RESPONDED THAT THE PRESENTATION REGARDING ENFORCEMENT WILL OCCUR ON OCTOBER 21,
2003.
16.
Future Agenda
Items.
·
Compliance Reviews (#02339-UP, February 04, 2004)
(#02362-MOD, March 17, 2004) (#02082-UP, 1
Year After Opening)
Adjournment.
ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, OCTOBER 15, 2003 AT 9:00 A.M.
TERRY
SCOTT, Chairperson
ATTEST: CHARLES
WILSON, Secretary-Director
MICHELLE PRICE, Deputy Secretary
Vote: DG = David Graves;
JD = John Dickson; TS = Terrence Scott; BF = Bob Fiddaman; JK = Jim King
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