MINUTES OF THE MEETING OF THE
CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
April 7, 2004
1.
Call to Order.
THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN
REGULAR SESSION, WEDNESDAY, APRIL 7, 2004, AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR
SCOTT AT 9:00 A.M.
2.
Roll Call.
THE FOLLOWING
MEMBERS WERE PRESENT: CHAIRPERSON TERRY
SCOTT, COMMISSIONERS BOB FIDDAMAN, JIM KING AND JOHN DICKSON. COMMISSIONER DAVID GRAVES WAS EXCUSED AT
ROLL CALL, BUT ARRIVED DURING ITEM 4.
3.
Pledge of Allegiance.
RICHARD MENDELSON, ATTORNEY, LED
THE SALUTE TO THE FLAG.
4.
Citizen Comments and Recommendations.
NONE
5.
Approval of Minutes.
NONE
6.
Agenda Review.
AGENDA REVIEWED – NO CHANGES
BOB NELSON, SUPERVISING PLANNER, READ INTO THE RECORD
THE FINDINGS THAT NEED TO BE MADE BY THE COMMISSION AS PART OF THE APPROVAL OF
ITEM 9 - ELAINE BELL
CATERING COMPANY INC. / JOHN MERRITT AND ELAINE BELL - USE PERMIT REQUEST #03503-UP.
Public Hearings
7.
Items to be decided without additional testimony.
(SEE ITEMS 8, 9 AND 10)
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 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, January 21, and March 17,
2004) (Staff request this item be
removed from calendar for re-noticing)
REMOVED
FROM THE AGENDA AND WILL BE RENOTICED.
BF-JK-DG-JD-TS
9.
Elaine
Bell Catering Company Inc. / John Merritt and Elaine Bell - Use Permit Request #03503-UP
CEQA Status: Mitigated Negative Declaration
Previously Prepared and Adopted on 02/06/2002.
The proposed modifications to this project are within the scope of the
analysis of the previously approved mitigated negative declaration.
Request: Approval of a new Use
Permit to replace expired use permit #01124-UP to construct a 21,184 square
foot industrial building for a catering company. This project is located on a 1.43 acre parcel in the Napa Valley
Gateway Business Park at the southeast corner of Technology Way and Gateway
Road West within the IP:AC (Industrial Park:Airport Compatibility Combination)
zoning district.
(Assessor’s Parcel # 057-210-058)
PUBLIC HEARING HELD – NO TESTIMONY
PRESENTED
THE COMMISSION FOUND THAT THE PROJECT IS WITHIN
THE SCOPE OF THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION AND THAT NO
SUBSTANTIAL CHANGES IN THE PROJECT HAVE OCCURRED; NO SUBSTANTIAL CHANGES HAVE
OCCURRED WITH RESPECT TO THE CIRCUMSTANCES UNDER WHICH THE PROJECT IS BEING
UNDERTAKEN; AND NO NEW INFORMATION RELATING TO THE PROJECT HAS BECOME AVAILABLE
SINCE THE PRIOR NEGATIVE DECLARATION WAS APPROVED.
BF-JK-DG-JD-TS
THE
COMMISSION APPROVED USE PERMIT #03503-UP BASED ON FINDINGS CONTAINED IN THE
ORIGINAL STAFF REPORT, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 25. BF-JK-DG-JD-TS
10.
Seven Stones Winery / Ron and Anita
Wornick Trust – Use Permit Request #04015-UP
CEQA Status: Categorically
Exempt, Class 3. (Conversion of small
structures)
Request: Approval of a Use Permit
to establish a new 1,000 gallon per year winery with: (1) conversion of an
existing 1,158 square foot storage building into a winery for a winery totaling
1,158 square feet (no caves); (2) one full-time and one part-time employee; (3)
two parking spaces; (4) tours and tasting by appointment only for a maximum of
4 persons per month; and (5) expand the existing engineered septic system. This project is located on a 45 acre parcel on the north side
of Meadowood Lane approximately 1.5 miles from its intersection with Howell
Mountain Road, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # 025-080-031) 840 Meadowood Lane, St. Helena.
PUBLIC
HEARING HELD – NO TESTIMONY PRESENTED
ENVIRONMENTAL
RECOMMENDATION: THE COMMISSION FOUND
THE PROJECT CATEGORICALLY EXEMPT; PURSUANT TO A CLASS 3 – NEW CONSTRUCTION OF
SMALL STRUCTURES; CEQA GUIDELINES SECTION 15303. BF-JK-DG-JD-TS
THE
COMMISSION APPROVED USE PERMIT #04015-UP BASED ON FINDINGS 10 THROUGH 15,
SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 16.
BF-JK-DG-JD-TS
11.
Dominus
Estate Winery / Dominus Estate Corporation – Use Permit Modification Request
#04043-MOD
CEQA Status: Negative
Declaration Prepared. According to the proposed Negative Declaration,
the proposed project would have no potentially significant environmental
impacts.
Request: Approval to modify existing
Use Permit #95576-UP to: (1) increase production levels from 75,000 gallons per
year to 125,000 gallons per year with no increase in the existing winery square
footage that now totals 48,000 square feet; (2) add two full-time and two
part-time employees; (3) add six employee parking spaces; and, (4) expand the
existing septic system to accommodate the increase in production capacity. The project is located on a 61.74 acre
parcel on the west side of Napa Nook Road approximately 300 feet southwest of
its intersection with Saint Helena Highway and Madison Street, within an AP
(Agricultural Preserve) zoning district.
(Assessor’s Parcel #027-421-014 & 013) 2570 Napa Nook Road, Yountville.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION.
BF-JD-JK-DG-TS
THE COMMISSION APPROVED USE PERMIT
#04043-MOD BASED ON FINDINGS 9 THROUGH 13, SUBJECT TO CONDITIONS OF
APPROVAL 1 THROUGH 9.
BF-JD-JK-DG-TS
Other Business
12.
City Referrals.
NONE
13. Status Report on Bighorn Use Permit
Compliance.
KEVIN TIEG,
APPLICANT REPRESENTATIVE, PROVIDED STATUS REPORT.
FOLLOWING
DISCUSSION STEVE LEDERER, DEPUTY PLANNING DIRECTOR, SUGGESTED BILLING THE
PERMITTEE $116.00 PER HOUR FOR COMPLIANCE WORK TO DATE, WHICH IS APPROXIMATELY
10 HOURS FOR THE CURRENT ROUND OF COMPLIANCE.
IN ADDITION, MR. LEDERER SUGGESTED THAT AN ADMINISTRATIVE CITATION BE
ISSUED TO THE PERMITTEE APRIL 7, 2004 GIVING THE APPLICANT UNTIL MONDAY, APRIL
12, 2004 TO COMPLETE THE PAINTING AND LANDSCAPING WORK AND IF NOT COMPLETED TO
COMMENCE DAILY FINES STARTING MONDAY, APRIL 12, 2004.
THE COMMISSION
CONCURRED WITH STAFF’S SUGGESTION AND CONTINUED THE ITEM TO APRIL 21, 2004 FOR
A FINAL REPORT.
14.
Discussion of items for the April 21, 2004 Meeting.
STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE
FOLLOWING ITEMS WILL BE CONSIDERED AT THE APRIL 21, 2004 MEETING:
·
STATUS REPORT ON BIGHORN USE PERMIT COMPLIANCE.
·
CORNELIUS
P. CORBETT / CORBETT VINEYARDS WINERY– USE PERMIT REQUEST #02619-UP.
·
CHALONE WINE GROUP, LTD. / PROVENANCE VINEYARDS
WINERY – USE PERMIT MODIFICATION REQUEST #03531-MOD.
·
BALLOONS ABOVE THE VALLEY, INC. / ROBERT BARBARICK
TRUST ETAL – USE PERMIT MODIFICATION REQUEST #03476-MOD.
15. Commissioner Comments.
COMMISSIONER GRAVES
COMMENTED THAT HE WILL NOT BE IN ATTENDANCE AT THE APRIL 21, 2004 MEETING DUE
TO A BUSINESS TRIP.
CHAIR SCOTT
REMINDED STAFF THAT HE WILL NOT BE IN ATTENDANCE FOR BOTH MEETINGS IN MAY.
COMMISSIONER GRAVES
REQUESTED A STATUS REPORT REGARDING THE SANDWICH SIGNS POSTED AT THE STANLEY
LANE PUMPKIN PATCH.
MR. LEDERER
RESPONDED THAT HE HAS BEEN IN CONTACT WITH THE REPRESENTATIVE FOR THE STANLEY
LANE PUMPKIN PATCH AND WAS TOLD
SANDWICHES WERE NO LONGER BEING MADE AND THAT THE SIGN ISSUE WOULD BE RESOLVED
SOON.
COMMISSIONER GRAVES
WANTED TO KNOW HOW MEADOWOOD WAS ABLE TO HAVE TIMESHARES WITHOUT COMING BEFORE
THE COMMISSION.
MR. LEDERER
RESPONDED THAT THE PROJECT THAT CAME TO THE COMMISSION WAS KNOWN AS HMS WINERY,
AND HE BELIEVES IT IS NOW KNOWN AS THE NAPA RESERVE. MR. LEDERER HAS BEEN IN CONTACT WITH THE PROJECT REPRESENTATIVE
AND ALTHOUGH THE NEWSPAPERS HAVE REPORTED THAT THIS PROJECT IS A TIMESHARE, HE
HAS BEEN ASSURED THAT IT IS NOT. THE
NAPA RESERVE HAS MEMBERS THAT ARE ALLOWED TO COME TO THE WINERY FOR A HANDS-ON
EXPERIENCE AT THE WINERY.
CHAIR SCOTT WANTED
TO MAKE THE COMMISSION AWARE OF AN ISSUE HE HAS BEEN STRUGGLING WITH AND
ADVISED HE HAS BEEN DISCUSSING IT WITH MR. LEDERER AND PLANNING STAFF. THE ISSUE HAS TO DO WITH A DEVELOPMENT
TAKING PLACE AT THE SILVERADO HIGHLANDS.
HE ADVISED THE SILVERADO NAPA CORPORATION IS DEVELOPING THE LAST HILL IN
THAT DEVELOPMENT AND HOMES ARE AVERAGING ABOUT 4,500 SQUARE FEET AROUND THE
CROWN OF THE HILL. IN ADDITION, THE
DEVELOPER HAS SUBMITTED A REQUEST FOR BUILDING PERMITS TO BUILD AN 8,500 SQUARE
FOOT HOME ON THE VERY CROWN OF THE HILL ON A ONE-ACRE LOT.
CHAIR SCOTT FURTHER
INDICATED THAT THE HOMEOWNERS ASSOCIATION HE BELONGS TO HAS OPPOSED THE 8,500
SQUARE FOOT HOME BECAUSE OF ITS SIZE AND BECAUSE IT IS 70 PERCENT BIGGER THAN ANY
OTHER HOMES IN THE DEVELOPMENT ON LOTS HALF THE SIZE.
15. Continued
MR. LEDERER
RESPONDED THAT THE DEPARTMENT HAS REVIEWED THE PLANS AND THERE ARE CONCERNS
ABOUT THE PLANS AS THEY RELATE TO THE
CONDITIONS OF APPROVAL OF THE PARCEL MAP AND USE PERMIT THAT DEVELOPED
THE HIGHLANDS, AND STAFF’S REVIEW IS LIMITED TO THOSE CONDITIONS OF
APPROVAL. THE CONDITIONS OF APPROVAL
ARE SOMEWHAT SUBJECTIVE IN TERMS OF SOME OF THE CRITERIA SPECIFIED.
AS A RESULT, THE
PROCESS THE DEPARTMENT HAS UNDERTAKEN IS THAT WE HAVE TALKED TO THE
APPLICANT/PERMITTEE AND SUGGESTED THEY INITIATE A DISCUSSION BETWEEN THE
COMMISSION AND THE HOMEOWNERS ASSOCIATION TO COME TO SOME AGREEMENT AS TO WHAT
WOULD BE ACCEPTABLE. IF AN AGREEMENT
CANNOT BE REACHED, THAN STAFF IS LIKELY GOING TO REFER THE PROJECT TO THE
COMMISSION FOR REVIEW OF THE CONDITIONS OF APPROVAL.
COMMISSIONER SCOTT
ALSO REMINDED THE COMMISSION THAT THE NORTHERN DISTRICT OF THE CALIFORNIA
PLANNING COMMISSIONER’S ASSOCIATION IS HAVING A ONE-DAY CONFERENCE ON APRIL 24,
2004 IN WOODLAND.
COMMISSIONER GRAVES
EXPRESSED HIS APPRECIATION TO THE ENVIRONMENTAL MANAGEMENT DEPARTMENT FOR
TAKING CARE OF SOME OF THE CATERING ISSUES, WHICH DOVE TAIL WITH THE ILLEGAL
EVENTS ISSUES THAT THE DEPARTMENT DEALS WITH.
16.
Director's Report on Board of Supervisors' Actions.
MR. LEDERER
ADVISED, THE BOARD TOOK THE FOLLOWING ACTIONS:
·
REAFFIRMED ITS POSITION TO PROCEED WITH THE LOCAL FOREST
PRACTICE RULES.
·
APPROVED THE MONTALCINO PROJECT AND ADOPTED THE FINDINGS
OF FACT, ENVIRONMENTAL IMPACT REPORT AND THE CONDITIONS OF APPROVAL.
THE COMMISSION
REQUESTED A COPY OF THE FINAL CONDITIONS OF APPROVAL FOR MONTALCINO.
·
ADOPTED AN ORDINANCE UPDATING THE AIRPORT SPECIFIC PLAN
AND ZONING ORDINANCE.
·
INTENT TO DENY AN ADMINISTRATIVE APPEAL FOR A VIEWSHED
APPLICATION. THE APPLICATION MET THE
ADMINISTRATIVE CRITERIA AND IT WAS APPROPRIATE FOR THE SITE.
16.
Continued
·
DISCUSSED THE HELICOPTER LANDING ISSUE AND DETERMINED
HELICOPTERS ARE NOT AUTHORIZED TO LAND AT WINERIES, AS IT WAS NOT ADDRESSED IN
THE WINERY DEFINITION ORDINANCE OR ZONING.
MR. LEDERER ADVISED
OF THE FOLLOWING:
·
THE BOARD OF SUPERVISORS IS MEETING TODAY AT 2:00 P.M.
TO CONDUCT A BUDGET STUDY SESSION AND THAT IS PART OF THE REASON WHY THE
COMMISSION IS CONCLUDING ITS MEETING EARLY TODAY.
·
THE COUNTY EXECUTIVE OFFICER, BILL CHIAT, SUBMITTED HIS
RESIGNATION, AND THE BOARD OF SUPERVISORS HAS ACCEPTED IT.
·
CHARLEY WILSON, DIRECTOR, CONSERVATION, DEVELOPMENT
& PLANNING DEPARTMENT HAS ANNOUNCED HIS RETIREMENT.
PATRICK LYNCH,
ASSISTANT DIRECTOR, CONSERVATION, DEVELOPMENT AND PLANNING, COMMENTED REGARDING
MR. WILSON’S RETIREMENT AND INDICATED A DATE IS BEING COORDINATED WITH THE
BOARD OF SUPERVISORS TO HONOR MR. WILSON.
IN ADDITION, A RECEPTION IS BEING PLANNED AND ONCE THE DATE IS
CONFIRMED, HE WILL ADVISE THE COMMISSION.
MR. LYNCH ADVISED
THAT THE COMMISSION AGENDA WILL BE EXPANDED IF SOME AREAS IN ORDER TO ENGAGE
THE COMMISSION IN DISCUSSION REGARDING SOME OF THE PROJECTS THAT ARE IN THEIR
PRELIMINARY PHASES. IN ADDITION, THE
PLANNING DEPARTMENT WOULD LIKE TO START HAVING STUDY SESSIONS TO KEEP THE
COMMISSION INFORMED ABOUT WHAT OCCURS IN THE DEPARTMENT’S THREE DIVISIONS.
COMMISSIONER KING
REQUESTED THAT THE COMMISSION WORK ON A RESOLUTION FOR MR. WILSON AND THE
COMMISSION CONCURRED.
17.
Zoning Administrator Actions for March 2004.
NOT DISCUSSED
18. Future Agenda Items.
·
#02082-UP,
1 YEAR AFTER OPENING; HOUSING ELEMENT
(April/May)
MR. LEDERER ADVISED THAT HE INTENDS TO
PROVIDE THE COMMISSION WITH A COPY OF THE HOUSING ELEMENT THE FIRST MEETING IN
MAY, AND THE PUBLIC HEARING WILL BE HELD THE SECOND MEETING IN MAY.
Adjournment.
ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, APRIL 21, 2004 AT 9:00 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