MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

October 15, 2003

1.         Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, OCTOBER 15, 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, JIM KING, DAVID GRAVES AND JOHN DICKSON.

3.        Pledge of Allegiance.

MARK COUCHMAN, SILVERADO PREMIUM PROPERTIES, LED THE SALUTE TO THE FLAG.

4. Citizen Comments and Recommendations.

NONE

5.         Approval of Minutes.

APPROVED MINUTES OF MEETING OF JUNE 5, 2002.

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A A

APPROVED MINUTES OF MEETING OF JULY 3, 2002.

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A A

APPROVED MINUTES OF MEETING OF JULY 17, 2002.

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A A

APPROVED MINUTES OF MEETING OF AUGUST 7, 2002.

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A A

APPROVED MINUTES OF MEETING OF JULY 16, 2003.

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APPROVED MINUTES OF MEETING OF SEPTEMBER 17, 2003.

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5. Continued

APPROVED MINUTES OF MEETING OF OCTOBER 1, 2003.

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6.         Agenda Review.

STAFF ADVISED ITEMS 8 & 9 - ROBERT W. LONG / LONG FAMILY PARTNER

LTD. / TWO ROCK WINERY – USE PERMIT REQUEST #02157-UP AND VIEWSHED REQUEST #03176-VIEW, WILL BE CONTINUED TO JANUARY 7, 2004.

STAFF ADVISED ITEM 12 - THOMAS WEINERT / WEINERT – REZONING REQUEST #03298-RZG WILL BE CONTINUED TO NOVEMBER 19, 2003.

Public Hearings

7.        Items to be decided without additional testimony.

NO CHANGES

8.         Robert W. Long / Long Family Partner Ltd. / Two Rock Winery –

Use Permit Request #02157-UP
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, potentially significant environmental impacts in the following areas: aesthetics, hydrology & water quality, noise and transportation/traffic.
Request: Approval of a Use Permit to establish a new 50,000-gallon per year winery with: (1) a 4,000 square foot building for fermentation and bottling, crusher and press; a 2,400 square foot

accessory building for office areas, wine laboratory and storage; and 18,600 square feet of existing caves for barrel storage and marketing activities for a winery totaling 25,000 square feet; (2) a 550 square foot covered crush pad area; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to five custom producers utilizing 60% (30,000 gallons per year) of the total approved winery production capacity; (4) two full-time employees with two additional part-time employees during crush and bottling; (5) seven parking spaces; (6) tours and tasting by appointment only with a maximum of six people daily and an average of 15 per week; (7) a marketing plan with ten wine trade events per year with an average of 40 people; two auction related events per year with a maximum of 150 persons; three Vintage release events for a maximum of 100 persons (no events shall occur at the same time); (8) catered events for custom crush not to exceed six events per year with a maximum of 40 person per event; (9) septic and leach field improvements; and (10) improvements to the existing access road from the private driveways intersection with the private access road to the winery development areas. The project is located on a 46.66 acre parcel on a private road on the south side of Sage Canyon Road, approximately 2.3 miles southwest of the its intersection with Sage Canyon Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # APN 030-220-026) (Staff requests a continuance to the meeting of December 17, 2003 to allow the applicant to resolve Caltrans comments)

(HELD CONCURRENTLY WITH ITEM 9)

9.         Robert W. Long / Long Family Partner Ltd. / Two Rock Winery – Viewshed Request #03176-VIEW
CEQA Status: See Item # 8.
Request: Review and approval under the Viewshed Protection Program to construct a 25,000 square foot winery with an outdoor covered crush pad on a major ridgeline as defined in 18.106.020 located on a 46.66 acre parcel on a private road on the south side of Sage Canyon Road, approximately 2.3 miles southwest of the its intersection with Sage Canyon Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # APN 030-220-026). (Staff

requests a continuance to the meeting of December 17, 2003 to allow the applicant to resolve Caltrans comments)

PUBLIC HEARINGS OPENED - NO TESTIMONY PRESENTED

PUBLIC HEARINGS CONTINUED TO JANUARY 7, 2004.

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10.      Art Finkelstein / Jonathan and Deborah Goldman, Trust – Use Permit Request #03274-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 30,000 gallon per year winery with: (1) a 5,608 square foot winery building (2) 2,372 square feet of covered work areas; (3) two full and one part-time employees; (4) five parking spaces; (5) tours and tasting by appointment only with 28 (maximum) visitors per week; and, (6) construction of a special designed sewage system requiring a permit. No custom crushing activities or marketing plan are proposed. The project is located on a 20 acre parcel on the east side of Silverado Trail approximately 3/4 of a mile north of its intersection with Trancas Avenue within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #039-190-034) 2300 Silverado Trail, Napa.

PUBLIC HEARING HELD - TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS

2 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION.

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THE COMMISSION APPROVED USE PERMIT #03274-UP BASED ON FINDINGS 10 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 20, AS REVISED. BF-DG-JK-JD-TS

11.      Neal Family Vineyards / Mark and Asa Neal Trust - Use Permit Modification Request #03297-MOD
CEQA Status: Categorically Exempt, class 1, 4, & 5.
Request: Approval to modify Use Permit #99026-UP and #99447-MOD to increase the winery production from 25,000 to 35,000 gallons per year and, (1) add an additional 2,800 square feet of caves for a total cave area of 7,132 square feet which will result in a winery totaling 13,242 square feet; and, (2) add of a minimum of 662 linear feet of septic leach lines. No changes in structures, roads, employment, tours & tasting, or marketing are proposed. The project is located on a 12.71-acre parcel at the end of Liparita Avenue, approximately ± 2,300 feet from its intersection with White Cottage Road South, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #024-040-035) 700 Liparita Avenue, Angwin.

11. Continued

ENVIRONMENTAL DETERMINATION: CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES SECTIONS 15301, 15304 AND 15305.

JK-DG-BF-JD-TS

THE COMMISSION APPROVED USE PERMIT #03297-MOD BASED ON FINDINGS 9 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 19, AS REVISED. JK-DG-BF-JD-TS

12.      Thomas Weinert / Weinert – Rezoning Request #03298-RZG

CEQA Status: Categorically Exempt, class 5.

Request: Approval to rezone a 18.84 acre parcel from TP (Timber Preserve) to an AP (Agricultural Preserve) zoning district, located on the west side of Big Ranch Road, approximately

800 feet south of its intersection with Garfield Lane. (Assessor’s Parcel #038-180-020) 2130 Big Ranch Road, Napa. (Requested to be continued to December 17, 2003)

PUBLIC HEARING OPENED - NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO NOVEMBER 19, 2003.

JK-BF-DG-JD-TS

Other Business

13.      Review and adoption of Commission 2004 Schedule.

THE COMMISSION REVIEWED THE 2004 SCHEDULE - NO ACTION WAS TAKEN

14.      Report by Fire Marshall Kate Dargin on Napa County Fire Department/California Department of

Forestry (CDF) Issues.

REPORT PRESENTED

15. City Referrals.

NONE

16.      Discussion of items for the November 05, 2003 Meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE NOVEMBER 5, 2003 MEETING:

ANTHONY BELL / SPANOS BERBERIAN PROPERTIES, LLC - USE PERMIT MODIFICATION REQUEST #03315-MOD.

16. Continued

HOWARD SIEGEL WILL PROVIDE AN UPDATE ON HOUSING AND THE NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG) PROCESS.

THE COUNTY OF NAPA AND THE CITY OF NAPA, AT A JOINT MEETING LAST WEEK, APPROVED THE MEMORANDUM OF UNDERSTANDING (MOU) REGARDING THE TRANSFER OF HOUSING UNITS FROM THE COUNTY TO THE CITY OF NAPA. THE COUNTY AND THE CITY OF AMERICAN CANYON HAVE A JOINT MEETING SCHEDULED FOR OCTOBER 16, 2003 IN AMERICAN CANYON TO FINALIZE THE MOU REGARDING THE SAME.

BOTH MOU’S WILL ESTABLISH A FRAMEWORK TO ALLOW THE THREE AGENCIES TO HAVE CERTIFIED HOUSING ELEMENTS. THE MOU’S ALSO ADDRESS A NUMBER OF OTHER JOINT ISSUES INCLUDING TRANSPORTATION ON AMERICAN CANYON ROAD AND HOW PROJECTS AT THE AIRPORT WILL BE HANDLED IN THE FUTURE.

HCV NAPA ASSOCIATES, LLC / EDWARD SCHLIES, TRUST / MONTALCINO AT NAPA – USE PERMIT REQUEST #98177-UP WILL BE CONSIDERED AT 1:30 P.M.

DISCUSSION OF ITEMS FOR THE JOINT MEETING WITH THE BOARD.

COMMISSIONER FIDDAMAN INQUIRED WHETHER OR NOT THE COMMISSION WOULD RECEIVE INFORMATION FROM THE MAXIMUS FEE STUDY AS IT AFFECTS THE CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT.

MR. LEDERER RESPONDED THAT AS A FEE ISSUE, THE ITEM WILL GO DIRECTLY TO THE BOARD OF SUPERVISORS FOR CONSIDERATION. THE FEE ITEM IS EXPECTED TO BE HEARD BY THE BOARD ON OCTOBER 28, 2003.

17.       Commissioner Comments.

Discuss upcoming meeting with Board of Supervisors.

NOT DISCUSSED

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

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, STATED THE FOLLOWING:

THE BOARD OF SUPERVISORS DISCUSSED WHETHER OR NOT TO DIRECT THE CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT TO WRITE A 9111 REPORT REGARDING THE ANALYSIS OF LAND USE INITIATIVES.

THE COMMISSION HAS A SPECIAL MEETING SCHEDULED WITH THE BOARD ON NOVEMBER 4, 2003 TO RECEIVE BROWN ACT TRAINING.

18. Continued

THE AIRPORT LAND USE COMMISSION WILL NOT MEET NOVEMBER 5, 2003, BUT WILL MEET ON NOVEMBER 19, 2003 TO HEAR MONTALCINO.

19.       Future Agenda Items.

· Compliance Reviews (#02339-UP, February 04, 2004) (#02362-MOD, March 17, 2004) (#02082-UP, 1 year after opening)

NOT DISCUSSED

Adjournment.

ADJOURNED TO SPECIAL MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, TUESDAY, NOVEMBER 4, 2003 AT 2:30 P.M.

TERRY SCOTT, Chairperson

ATTEST: CHARLES WILSON, Secretary-Director

SHERRY VATTUONE, Deputy Secretary

Key

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