MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

January 21, 2004

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, JANUARY 21, 2004, 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.

THE SALUTE TO THE FLAG WAS HELD.

4. Citizen Comments and Recommendations.

NONE

5. Approval of Minutes.

APPROVED MINUTES OF MEETING OF DECEMBER 3, 2003.

BF-JD-JK-DG-TS

6. Agenda Review.

AGENDA REVIEWED.

Public Hearings

7. Items to be decided without additional testimony.

SEE ITEMS 8, 9 AND 17.

8. Adoption of Final Commission Meeting Agenda 2004.

ADOPTED FINAL COMMISSION MEETING AGENDA.

DG-BF-JK-JD-TS

9. 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 relating to regulation of groundwater including requirements of hook-up and/or usage of public water/recycled water when available.

California Environmental Quality Act (CEQA) Status: Categorically Exempt, Class 8 (California Environmental Quality Act (CEQA) Guidelines Section 15308), Action taken by a regulatory agency for the protection of the environment. (Continued from November 19, December 03, 2003, January 07, 2004, and to be continued to March 17, 2004)
PUBLIC HEARING CONTINUED TO MARCH 17, 2004.

DG-BF-JK-JD-TS

10. Robert W. Long / Long Family Partner Ltd. / Two Rock Winery – Viewshed Request #03176-VIEW
CEQA Status: See Item # 11.
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). (Continued from October 15, December 17, 2003, and January 07, 2004)

(HELD CONCURRENTLY WITH ITEM 11)

11. Robert W. Long / Long Family Partner Ltd. / Two Rock Winery – Use Permit Request #02157-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, 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) (Continued from October 15, December 17, 2003 and, January 07, 2004)

11. Continued

PUBLIC HEARING HELD – 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, AS MODIFIED.

JK-BF-DG-JD-TS

THE COMMISSION APPROVED VIEWSHED #03176-VIEW AND USE PERMIT

#02157-UP BASED ON FINDINGS 9 THROUGH 25, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 19. JK-BF-DG-JD-TS

12. Paul and Susan Frank Co-Trust / Gemstone Winery - Variance Request #03375-VAR
CEQA Status: See item #13.
Request: Approval of a Variance to allow the use of an existing wood frame building for a winery that encroaches 450 feet into the required 600 foot winery setback from Silverado Trail, located on two parcels totaling 17.26 acres on the west side of Silverado Trail approximately 2,500 feet north of Yountville Cross Road within an AP (Agricultural Preserve) zoning district.

(Assessor’s Parcels #031-170-016 SFAP and 017 SFAP) 7153 Silverado Trail, Napa.

(HELD CONCURRENTLY WITH ITEM 13)

13. Paul and Susan Frank Co-Trust / Gemstone Winery - Use Permit Request #03374-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 10,000 gallon-per year winery that includes: 1) the use of a 1,224 square foot existing wood frame building for a winery totaling 1,224 square feet; 2) the addition of a 720 square foot covered crush pad; 3) two part-time employees; 4) eight parking spaces; 5) a marketing plan with two private promotional tastings and meals per year with a maximum of 25 people per event and one private harvest event per year that could include barrel tasting, social events, meals and musical programs with a maximum of 50 people; and, 6) construction of a special design sewage system requiring a permit. No tours/tasting or retail sales are proposed. The project is located on two parcels totaling 17.26 acres on the west side of Silverado Trail approximately 2,500 feet north of Yountville Cross Road within an AP (Agricultural Preserve) zoning district (Assessor’s Parcels #031-170-016 SFAP and 017 SFAP) 7153 Silverado Trail, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

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

JD-BF-JK-DG-TS

13. Continued

THE COMMISSION APPROVED VARIANCE #03375-VAR BASED ON FINDINGS 11 THROUGH 15 AND USE PERMIT #03374-UP BASED ON FINDINGS 16 THROUGH 20, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 21.

JD-BF-JK-DG-TS

14. Robert S. Walker / Brent and Joan Davies – Use Permit Request #03405-UP
CEQA Status: See Item # 15.
Request: Approval of a Use Permit exception to the Napa County Conservation Regulations to construct the following on slopes greater than 30%: a residence with three separate living areas totaling 3,462 square feet and consisting of: a 1,173 square foot main living area with a 609 square foot garage, a 490 square foot master bedroom and a 833 square foot two bedroom guest area with 357 square feet of storage; and, a pool, a 192 square foot pool house, a water tank and driveway located on a 23.09 acre parcel on the east side of a private driveway approximately 1,200 feet north of the terminus of Pickett Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #018-050-061).

(HELD CONCURRENTLY WITH ITEM 15)

15. Robert S. Walker / Brent and Joan Davies – Viewshed Request #03404-VIEW
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 & soils.
Request: Review and approval under the Viewshed Protection Program to construct a residence with 3 separate living areas totaling 3,462 square feet and consisting of: a 1,173 square foot main living area with a 609 square foot garage, a 490 square foot master bedroom and a 833 square foot two bedroom guest area with 357 square feet of storage; and, a pool, a 192 square foot pool house, a water tank, and driveway situated more than 25 vertical feet below a major and minor ridge line as defined in 18.106.020 of the Napa County Code but on slopes over 15% located on a 23.09 acre parcel on the east side of a private driveway approximately 1,200 feet north of the terminus of Pickett Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #018-050-061).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED USE PERMIT EXCEPTION #03405-UP FOR SLOPES EXCEEDING 30% BASED ON FINDINGS 7 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 9, AS MODIFIED.

15. Continued

THE COMMISSION APPROVED THE REQUESTED PROJECT AS MODIFIED BY THE APPLICANT’S SIGNED PROJECT REVISION STATEMENT AND BASED ON THE REQUIRED FINDINGS 14 THROUGH 16 AND SECTION 18.106.040(C) OF THE VIEWSHED PROTECTION PROGRAM.

BF-JD-JK-DG-TS

16. Stephen Lagier and Carole Meredith / Lagier Meredith Vineyards Winery – Use Permit Request #03421-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 5,000 gallons per year winery with: 1) a 2,500 square foot winery production area and a 350 square foot office (both located in a residence) and 2,860 square feet of caves for a winery totaling 5,710 square feet; 2) one full-time employee; 3) five parking spaces; 4) Tours and Tasting by appointment only with four visitors per day, and a maximum of 20 visitors per week; and 5) construction of a special designed sewage system. No work areas, custom crushing activities or marketing activities are proposed. The project is located on a 84.30 acre parcel on the south side of Dry Creek Road off a private driveway approximately 3.3 miles northwest from its intersection with Orchard Avenue, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #034-100-018) 4967 Dry Creek Road, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

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

DG-JK-BF-JD-TS X N

THE COMMISSION APPROVED USE PERMIT #03421-UP BASED ON FINDINGS 10 THROUGH 21, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 20.

DG-JK-BF-JD-TS X N

17. Walsh Vineyard Management / Napa Valley Gateway Ltd. - Use Permit Request

#03422-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: traffic, light and glare.
Request: Approval for a Use Permit to construct, in two phases, a new facility for vineyard management to include: 1) an administration building totaling 7,872 square feet, one equipment storage building totaling 15,154 square feet, one maintenance building totaling 15,208 square feet and 55 total parking spaces in Phase I; and, 2) a second storage building totaling 13,824 square feet in Phase II, located on a 5.6 acre parcel at the western terminus of Sheehy Court within an IP:AC (Industrial Park: Airport Compatibility) combination zoning district. (Assessor’s Parcel #057-250-019). (To be continued to February 04, 2004)

PUBLIC HEARING OPENED - NO TESTIMONY PRESENTED

17. Continued

PUBLIC HEARING CONTINUED TO FEBRUARY 4, 2004.

DG-BF-JK-JD-TS

18. Proposed Ordinance #04001-ORD updating and making technical changes to Section 18.10.020; Sections 18.40.020, 18.40.060, 18.40.110, 18.40.170, 18.40.240, and 18.40.250; Sections 18.44.080, 18.44.090, 18.44.120, 18.44.170 and adding Section 18.44.210; Chapter 18.80.; Section 18.104.010; Section 18.110.030; and Section 18.116.045 of the Napa County Code relating to: a) updating for consistency with the Napa County Airport Land Use Compatibility Plan; b) establishment of a process for modification to site development standards; c) miscellaneous technical corrections; and, d) updating signage regulations.
CEQA Status: Categorically Exempt, Class 5 (CEQA Guidelines Section 15303), Minor alterations to land use limitations.

(HELD CONCURRENTLY WITH ITEM 19)

19. Proposed Specific Plan Amendment #SPAMD 0101 updating and making technical changes to the 1986 Airport Industrial Area Specific Plan relating to: a) updating for consistency with the Napa County Airport Land Use Compatibility Plan; b) establishment of a process for modification to site development standards; c) miscellaneous technical corrections; and, d) updating signage regulations. The Airport Specific Plan regulations pertain to lands within the County of Napa generally located south the intersection of State Routes 29 and 221, west of Kelly Road, east of the Napa River, and north of Green Island Road within the IP:AC (Industrial Park: Airport Compatibility Combination District), the GI:AC (General Industrial: Airport Compatibility Combination District), AV:AC (Airport: Airport Compatibility Combination District), and the I:AC (Industrial: Airport Compatibility Combination District). CEQA Status: Categorically Exempt, Class 5 (CEQA Guidelines Section 15303), Minor alterations to land use limitations.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO FEBRUARY 18, 2004.

TS-JD-BF-JK-DG

Other Business

20. City Referrals.

NONE

21. Discussion of items for the January 27, 2004 meeting with the Board of Supervisors.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE JANUARY 27, 2004 SPECIAL MEETING:

· VARIOUS ASPECTS OF PROCESSING WINERY USE PERMITS.

· CURRENT MEMBERSHIP OF AIRPORT LAND USE COMMISSION AND POSSIBLE ALTERNATIVES.

· CODE ENFORCEMENT AND CODE COMPLIANCE OPERATIONS AS IT RELATES TO USE PERMIT CONDITIONS OF APPROVAL.

· OPTIONS FOR IMPLEMENTING DESIGN REVIEW.

· PRESENTATION BY THE REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) REGARDING THE TOTAL MAXIMUM DAILY LOAD (TMDL) STUDY.

FOLLOWING THE SPECIAL JOINT MEETING, THE BOARD WILL RECEIVE A PRESENTATION AT 1:30 P.M. FROM THE UNITED STATES GEOLOGICAL SURVEY REGARDING THE GROUNDWATER RESOURCES IN THE LOWER MILLIKEN–SARCO–TULOCAY (MST) CREEKS AREA, SHOULD THE COMMISSION BE INTERESTED IN ATTENDING.

MR. LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE FEBRUARY 4, 2004:

THE AIRPORT LAND USE COMMISSION WILL MEET AT 9:00 A.M.

WALSH VINEYARD MANAGEMENT / NAPA VALLEY GATEWAY LTD. - USE PERMIT REQUEST #03422-UP.

RON GOLDIN / MASKED MAN WINERY – USE PERMIT REQUEST #03368-UP.

LORNA JEANNE BORGE KENNEL - COMPLIANCE REVIEW FOR USE PERMIT #02339-UP (APN #049-190-003).

22. Commissioner Comments.

COMMISSIONER GRAVES REPORTED ON THE FOLLOWING:

THE NAPA RIVER WATERSHED CONSERVANCY AND WATERSHED INFORMATION CENTER BOARD IS MEETING ON JANUARY 22, 2004 AT 4:00 P.M. IN THE HALL OF JUSTICE CONFERENCE ROOM.

THE NAPA SANITATION DISTRICT IS HOLDING A MEETING MONDAY, JANUARY 26, 2004 REGARDING RECYCLED WATER ON A REGION WIDE BASIS, WHICH MAY BE INTERESTING IN REGARD TO THE DISCUSSIONS RELATED TO THE MST CREEK AREA BEING DISCUSSED BY THE BOARD JANUARY 27, 2004.

HE WILL NOT BE IN ATTENDANCE AT THE FEBRUARY 4, 2004 PLANNING COMMISSION MEETING.

22. Continued

CHAIRMAN SCOTT REPORTED ON THE FOLLOWING:

THE FARMWORKER HOUSING OVERSIGHT COMMITTEE WILL BE MEETING JANUARY 22, 2004 AT THE YOUNTVILLE COMMUNITY CENTER. HE ALSO REPORTED THE COMMITTEE WILL HAVE A JOINT MEETING WITH THE VISIONS SUBCOMMITTEE REGARDING THE FIVE-YEAR PLAN FOR FARMWORKER HOUSING ON JANUARY 27, 2004 AT 4:00 P.M. AT THE NAPA HOUSING AUTHORITY.

THE FARMWORKER HOUSING OVERSIGHT COMMITTEE GENERALLY MEETS THE FOURTH THURSDAY OF EVERY MONTH AT THE YOUNTVILLE COMMUNITY CENTER.

THE CALIFORNIA COUNTY PLANNING COMMISSIONERS ASSOCIATION WILL HAVE THEIR FIRST BOARD MEETING OF THE YEAR ON FEBRUARY 7, 2004 FROM 10:00 A.M. TO NOON AT THE SILVERADO COUNTRY CLUB.

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

MR. LEDERER ADVISED OF THE FOLLOWING:

THE BOARD ADOPTED ORDINANCE NO. 1233 ON JANUARY 14, 2004 RELATED TO CAVES AND WINERY SETBACKS WITH NO CHANGES TO THE COMMERCIAL LIMITED (CL) ZONING DISTRICT.

THE NAPA SANITATION DISTRICT IS TENTATIVELY SET TO GIVE A PRESENTATION TO THE BOARD MARCH 2, 2004 ON ISSUES RELATED TO RECYCLED WATER AND THE MST.

THE FEE RESOLUTION PASSED BY THE BOARD ON NOVEMBER 18, 2003 WENT INTO EFFECT THIS PAST WEEKEND, AND MANY PEOPLE TRIED TO GET THEIR APPLICATIONS SUBMITTED TO THE PLANNING DEPARTMENT PRIOR TO THE NEW FEE INCREASES. AS A RESULT, LAST WEEK THE PLANNING DEPARTMENT RECEIVED UPWARDS OF 100 APPLICATIONS. THERE ARE APPROXIMATELY 60 APPLICATIONS THAT WILL BE CONSIDERED BY THE PLANNING COMMISSION WHICH CONSIST OF ROUGHLY 40 NEW WINERIES, A NUMBER OF MAJOR MODIFICATIONS TO EXISTING WINERIES, PARCEL MAPS AND VARIOUS OTHER ITEMS.

THE DEPARTMENT WILL BE LOOKING AT THE MOST EXPEDITIOUS WAY TO PROCESS THE APPLICATIONS. REALISTICALLY, THE ITEMS THAT WERE SUBMITTED THIS PAST FRIDAY ARE MANY MONTHS AWAY FROM BE CONSIDERED BY THE PLANNING COMMISSION.

23. Continued

COMMISSIONER KING REQUESTED STAFF PREPARE A REPORT ON THE ACTIVITY BY THE DEPARTMENT AND COMMISSION FOR 2003 REGARDING THE NUMBER OF NEW WINERY USE PERMITS AND WINERY MODIFICATIONS. THE REPORT SHOULD INCLUDE ANY INCREASES IN PRODUCTION OR GALLONAGE FOR NEW WINERY USE PERMITS.

COMMISSIONER GRAVES INQUIRED AS TO HOW MANY USE PERMITS HAVE BEEN GRANTED WITHOUT BUILDING PERMITS BEING PULLED.

MR. LEDERER RESPONDED THAT HE WOULD PREPARE THE REPORT.

24. Update on Bishop/Bighorn Aesthetic Improvements.

UPDATE PRESENTED

COMMISSIONER KING REQUESTED A SPECIFIC DATE THAT THE LANDSCAPE PLAN WILL BE SUBMITTED TO THE PLANNING DEPARTMENT AND WHEN THE PLAN WILL BE IMPLEMENTED.

THE APPLICANT’S REPRESENTATIVE REQUESTED DIRECTION FROM THE COMMISSION FOR TIME OF COMPLETION, WHETHER IT BE 60 OR 90 DAYS.

CHAIR SCOTT WANTS TO SEE SUBSTANTIAL IMPROVEMENTS TO THE PROPERTY WITHIN 60 DAYS. IF HE DOES NOT SEE SUBSTANTIAL IMPROVEMENT WITHIN THE SPECIFIED TIME PERIOD, HE WILL REQUEST THAT STAFF SCHEDULE A USE PERMIT REVOCATION HEARING.

25. Zoning Administrator Actions for December 2003.

NOT DISCUSSED

26. Future Agenda Items.

· COMPLIANCE REVIEWS (#02339-UP, FEBRUARY 04, 2004)

(#02362-MOD, MARCH 17, 2004) (#02082-UP, 1 YEAR AFTER OPENING) HOUSING ELEMENT

DISCUSSED

Adjournment.

ADJOURNED TO SPECIAL MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, TUESDAY, JANUARY 27, 2004 AT 10:00 A.M.

TERRY SCOTT, Chairperson

ATTEST: CHARLES WILSON, Secretary-Director

MICHELLE PRICE, Deputy Clerk

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