Agendas & Minutes

Planning Commission 12/17/2008 Regular Meeting

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9A

PAVITT FAMILY VINEYARDS / SHANE & SUZANNE PAVITT - VARIANCE REQUEST #P06-01427 VAR AND USE PERMIT REQUEST #P06-01426 UP
CEQA Status: Categorically exempt pursuant to Section 15303, Class 3 (“New Construction or Conversion of Small Structures”) of the California Environmental Quality Act; and Appendix B, Class 3 ("New Construction or Conversion of Small Structures Item# 10: Small Wineries") of Napa County’s Local Procedures for Implementing the California Environmental Quality Act.  The project site is not on any of the lists of hazardous waste sites enumerated under Government Code section 65962.5
Request: (A) Approval of a variance to allow an existing 3,915 square foot, two story agricultural structure to be used as a winery to encroach 464 feet into the required winery setback of 600’ from the centerline of Silverado Trail; and (B) Approval of a use permit for a 10,000 gallon per year winery to include the following:  (1) use of the existing 3,915 square foot agricultural structure for the winery operations and activities, an administrative office and a 164 square foot laboratory; (2) new construction of a 170 square foot outdoor crush pad; (3) installation/completion of a new winery waste water system, a pretreatment with drip irrigation in the vineyard and 3 tanks totaling 30,000 gallons; (4) mobile bottling; (5) four parking spaces; (6) one full time and 2 part time employees; (7) tours and tasting by appointment only (Monday-Friday from 7 a.m.-5 p.m.) with a maximum of 10 visitors per week; (8) a marketing plan to include 8 private wine and food tastings for the wine trade with a maximum 10 people per event and one private Harvest event with a maximum of 30 guests. The project is located on a 22.84-acre parcel on the east side of Silverado Trail, approximately 600 feet north of its intersection from Dunaweal Lane within an AW (Agricultural Watershed) zoning district (Assessor's Parcel#: 020-350-026) 4640 Silverado Trail, Calistoga.
 
Staff Recommendation: Find the project categorically exempt and approve the variance and use permit with the proposed conditions of approval.

Staff Contact: Mary Doyle, 299-1350 or mdoyle@co.napa.ca.usmdoyle@co.napa.ca.usyle@co.napa.ca.us.

Supporting Documents
A Exhibit A - Required Findings ( Microsoft Word Document - 48 kb )
B Exhibit B - Conditions of Approval ( Microsoft Word Document - 72 kb )
C Exhibit C-Cal FIRE comments ( Adobe PDF Document - 125 kb )
D Exhibit D-Public Works ( Adobe PDF Document - 99 kb )
E Exhibit E-Environmental Management comments ( Adobe PDF Document - 89 kb )
F Exhibit F-Building comments ( Adobe PDF Document - 47 kb )
G Exhibit G-Sheriff Office ( Adobe PDF Document - 42 kb )
H Exhibit H-Public comments ( Adobe PDF Document - 269 kb )
I Exhibit I-Applications and supplemental info ( Adobe PDF Document - 766 kb )
J Exhibit I-Applicant submitted slope info ( Adobe PDF Document - 238 kb )
K Exhibit K-Applicant submitted noise memo ( Adobe PDF Document - 27 kb )
L Exhibit L-Applicant submitted Noise Assessment ( Adobe PDF Document - 3280 kb )
M Exhibit M-Wastewater feasibility study ( Adobe PDF Document - 172 kb )
N Exhibit N-Graphics ( Adobe PDF Document - 4532 kb )

9B

NOORZAY/OSMAN AUTO DISMANTLING/SALVAGE YARD - USE PERMIT #P06-01535-UP
CEQA Status:
Mitigated Negative Declaration Prepared. According to the proposed mitigated negative declaration, if mitigation measures are not included, the proposed project would have potentially significant environmental impacts in the following areas: Hazards and Hazardous Materials; Hydrology/Water Quality; and Transportation/Traffic. The project site is not on any of the lists of hazardous waste sites enumerated under Government Code section 65962.5
Request: Approval of a use permit to establish an auto dismantling/salvage business. The proposal includes 23 on-site parking spaces for employees and customers, fencing, landscaping, and a water storage tank. Proposed hours of operation are from 7:00 a.m. to 7:00 p.m., seven days a week with an estimated 4 full-time employees. Existing buildings with 740 and 400 square feet of floor area will be used for office and storage purposes, respectively. A new 5,000 square building would be constructed for dismantling operations, including draining oil and other fluids, storing waste fluids (oil, anti freeze, etc) and engines, transmissions, batteries and other salvaged parts.  The proposed project is located on a 3.0 acre parcel on the north side of Green Island Road, approximately 2-1/2 miles west of State Highway 29 and ½ mile east of the Napa River in an General Industrial: Airport Compatibility (GI:AC) zoning district. APN: 058-060-004. 2600 Green Island Road, American Canyon.

Staff Recommendation: Adopt the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and approve the Use Permit as conditioned.

Staff contact:  Sean Trippi, (707) 299-1353




Supporting Documents
A Exhibit A - Findings ( Microsoft Word Document - 57 kb )
B Conditions of Approval ( Microsoft Word Document - 76 kb )
C Review Agency Comments ( Adobe PDF Document - 538 kb )
D Draft Mitigated Negative Declaration/Initial Study/MMRP ( Adobe PDF Document - 1217 kb )
E Application Materials ( Adobe PDF Document - 183 kb )
F Graphics ( Adobe PDF Document - 944 kb )

9C

LYNCH FAMILY VINEYARDS, LLC. / BENNETT LANE WINERY – USE PERMIT MAJOR MODIFICATION REQUEST # P07-00299-MOD
CEQA Status:
  Negative Declaration Prepared and attached. 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 65962.5.
Request: Approval of a Major Modification to Use Permit #92452-UP to: (1) remodel the existing approximately 8,900 square foot winery building including expansion of the offices; (2) construct a new approximately 3,650 square foot tasting room with offices; (3) construct a new approximately 5,000 square foot barrel storage building with a commercial kitchen; (4) add an enclosed courtyard between buildings (for a winery totaling approximately 17,550 square feet); (5) relocate and expand the customer parking lot to 22 parking spaces; (6) increase tours and tasting by appointment only to 32 visitors per day, with 168 visitors average per week; (7) add a marketing plan with 48 private wine, food and harvest events per year with a maximum of 40 people per event, and four industry Open House events with a maximum of 50 people per event; and (8) three Napa Valley Wine Auction related events per year with a maximum of 125 people per event. No change to the annual production limit of 50,000 gallons per year is proposed. The project is located on a 10.0 acre parcel on the northeast side of State Highway 128, approximately 1,000 feet southeast from its intersection with Bennett Lane within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #: 017-160-002). 3340 State Highway 128, Calistoga.

Staff Recommendation:  Adopt negative declaration and approve project as proposed with conditions of approval.

Staff Contact:  John McDowell 299-1354

Supporting Documents
A Exhibit A - Required Findings for Approval ( Microsoft Word Document - 47 kb )
B Exhibit B - Proposed Conditions of Approval ( Microsoft Word Document - 74 kb )
C Public Works Conditions - Update December 2008 ( Microsoft Word Document - 54 kb )
D Department of Environmental Management Comments - May 2008 ( Adobe PDF Document - 380 kb )
E Fire Department Memo - Update December 2008 ( Microsoft Word Document - 158 kb )
F Revised Initial Study/Draft Negative Declaration ( Adobe PDF Document - 232 kb )
G Previous Staff Repot - July 2008 ( Adobe PDF Document - 33 kb )
H Previous Staff Reports and Conditions of Approval - 2003 and 1991 ( Adobe PDF Document - 930 kb )
I Applicant's Response to Neighbor Comments December 2008 ( Microsoft Word Document - 41 kb )
J Applicant Letter to Neighbors December 2008 ( Adobe PDF Document - 73 kb )
K Ellis Hamilton Letter December 4, 2008 ( Microsoft Word Document - 67 kb )
L Paul Dorhing Letter August 2008 ( Adobe PDF Document - 135 kb )
M Dennis Jackson Letter August 2008 ( Adobe PDF Document - 234 kb )
N Neighbor Photographs July 2008 ( Adobe PDF Document - 3194 kb )
O Neighbor Correspondance July 2008 ( Adobe PDF Document - 326 kb )
P Public Comments Prior to July 2008 Hearing ( Adobe PDF Document - 707 kb )
Q Winery Calculation Worksheet - June 2008 ( Image File Format - 35 kb )
R Riechers-Spence October 1, 2008 Letter ( Adobe PDF Document - 3255 kb )
S Riechers-Spence October 7, 2008 Letter ( Adobe PDF Document - 664 kb )
T Revised Water Availability Analysis ( Adobe PDF Document - 2424 kb )
U Riechers-Spence Stormwater Technical Memorandum ( Adobe PDF Document - 10124 kb )
V Winery Sign Photo 1 ( Image File Format - 921 kb )
W Winery Sign Photo 2 ( Image File Format - 921 kb )
X Project Application and Applicant's Narrative ( Adobe PDF Document - 1266 kb )
Y Site Location Map and Project Plans ( Adobe PDF Document - 2574 kb )

9D

NAPA COMMERCE CENTER / HEADWATERS CONSTRUCTION, INC. (Douglas Pope) 
- USE PERMIT #P07-00412-UP & TENTATIVE PARCEL MAP #P08-00131-PM
CEQA Status: 
Addendum to the Final EIR, certified on April 9, 2002, for the Beringer Wine Estates Devlin Road Facility (State Clearinghouse No. 00034043).  (CEQA Guidelines Section 15164.)  According to the Initial Study the proposed project would have similar or lesser impacts than the project analyzed by the previously certified Final EIR and therefore no additional environmental review is required.  The adopted mitigation measures are still applicable for the potentially significant impacts identified in the previous Final EIR that apply to the proposed project. This project site is not on any of the lists of hazardous waste sites enumerated under Government Code Section 65962.5.
Request: Approval of a Use Permit to construct a wine warehousing/storage and distribution facility with approximately 646,734 square feet of floor area with ancillary office areas. Parking for up 376 vehicles is provided on-site in addition to truck loading docks.  The proposal also includes the extension of Devlin Road with a grade separated crossing of the railroad tracks adjoining the east property line of the site.  Approximately 120,000 cubic yards of fill from the adjacent airport property would be imported to construct the Devlin Road overcrossing and building pad.  The extension of Devlin Road would terminate near the southwest corner of the building allowing future connection to Green Island Road through the property to the south.  A new road is proposed off the extension of Devlin providing access to the building site, access to a sewer pump station west of the building site and a future connection to the Napa County airport.  A proposed spur line will provide rail access to loading docks on the east side of the building. The request also includes a tentative parcel map to subdivide the project site into two (2) parcels; an approximate 38-acre lot for the proposed building and associated improvements and a 180-acre lot for the remainder of the property. The proposed project is located on a 218 acre site on the southwest corner of Airport Boulevard and the Devlin Road terminus within an Industrial Park: Airport Compatibility (IP:AC) zoning district. APN: 057-090-069. American Canyon.

Staff Recommendation:  Adopt Addendum to previous EIR and approve the use permit and tentative parcel map with the proposed conditions of approval.

Staff Contact: Sean Trippi 299-1353 or strippi@co.napa.ca.us

Supporting Documents
A Exhibit A - Findings ( Microsoft Word Document - 69 kb )
B Conditions of Approval ( Microsoft Word Document - 107 kb )
C Review Agency Comments ( Adobe PDF Document - 2871 kb )
D EIR Addendum ( Adobe PDF Document - 117 kb )
E Initial Study ( Adobe PDF Document - 4713 kb )
F Initial Study Appendix - Biological Resources Assessment ( Adobe PDF Document - 1587 kb )
G Initial Study Appendix - Traffic Assessment ( Adobe PDF Document - 7986 kb )
H Mitigation Monitoring and Reporting Program ( Adobe PDF Document - 704 kb )
I Planning Commission Resolution No. 01-09 ( Adobe PDF Document - 1444 kb )
J Board of Supervisors Resolution No. 02-72 ( Adobe PDF Document - 1234 kb )
K Application Materials ( Adobe PDF Document - 359 kb )
L Graphics ( Adobe PDF Document - 3569 kb )

9E

CIMAROSSA WINERY / DINO DINA – USE PERMIT REQUEST - #P07-00719-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: Biological Resources, and Utilities/Service Systems.  This project site is not on any of the lists of hazardous waste sites enumerated under Government code section 65962.5.
REQUEST:  Approval of a Use Permits to establish a new 10,000 gallon per year winery with: (1) a 3,613 square foot two-story winery building, a 902 square foot covered outdoor work area, 2,500 square feet of caves and conversion of an existing 1,360 square foot barn to wine barrel storage for a winery totaling 8,375 square feet; (2) two full-time and two part-time employees; (3) five parking spaces; (4) tours and tasting by appointment only with a maximum of eight visitors per day and 56 visitors per week; (5) a marketing plan with: two 20-person events per month; two 40-person events per year; and, two 100-person Wine Auction related events per year (all events to be catered); (6) installation of fire protection and winery use water tanks totaling 20,000 gallons on a 400 square foot concrete pad; (7) installation of a wastewater treatment system; and, (8) approval of an Exception to the County Road and Street Standards to allow: (A) improvements and routine maintenance to be made to Friesen Drive (an existing private road that is currently 10 to 16 feet wide serving the winery) and, (B) widening the existing private winery driveway to an average of 10 to 14 feet with a 2 foot shoulder and 2 fire turn-around areas (18 feet plus two foot shoulders required for both roads).  The winery project is located on a 56.81 acre parcel on the south side of Friesen Drive approximately 1.25 miles northwest of its intersection with North White Cottage Road. Friesen Drive is accessed via Buckeye Lane which begins 550 feet north of the intersection of Keyes Avenue and North White Cottage Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #: 018-060-069). 1185 Friesen Drive, Angwin.

Staff Recommendation:  Adopt the Mitigated Negative Declaration, and approve the project as proposed with conditions of approval.

Staff Contact: Patricia Hornisher 299-1349

Supporting Documents
A Exhibit A - Findings Required for Approval of a Use Permit and Road Exception ( Adobe PDF Document - 174 kb )
B Exhibit B - Proposed Conditions of Approval ( Adobe PDF Document - 428 kb )
C Building Division Conditions of Approval Memo ( Adobe PDF Document - 711 kb )
D Environmental Management Conditions of Approval Memo ( Adobe PDF Document - 752 kb )
E Public Works Winery Conditions of Approval Memo ( Adobe PDF Document - 128 kb )
F Public Works Road Exception Conditions of Approval Memo ( Adobe PDF Document - 66 kb )
G Fire Marshall's Winery Conditions of Approval Memo ( Adobe PDF Document - 152 kb )
H Fire Marshall's Road Exception Conditions of Approval Memo ( Adobe PDF Document - 33 kb )
I State Department of Fish & Game Conditions Memo ( Adobe PDF Document - 639 kb )
J Cal Osha Comments Memo ( Adobe PDF Document - 47 kb )
K Initial Study & Mitigated Negative Declaration ( Microsoft Word Document - 529 kb )
L Project Revision Statement & Mitigation Monitoring & Reporting Program ( Adobe PDF Document - 85 kb )
M Application Materials with 75% Grape Source Agreement ( Adobe PDF Document - 1304 kb )
N Owner Letter of Intent & Neighbor Concern Letters ( Adobe PDF Document - 411 kb )
O Cimarossa Road Exception Request ( Adobe PDF Document - 7694 kb )
P Cimarossa Phase One Water Availability Study ( Adobe PDF Document - 645 kb )
Q Cimarossa Wastewater Feasibility Study ( Adobe PDF Document - 1886 kb )
R Presentation Graphics ( Adobe PDF Document - 5829 kb )

9F

NAPA VALLEY RESTAURANT GROUP, INC / BISTRO DON GIOVANNI - ACCESSORY USE EXPANSION FOR NON-CONFORMING USES ORDINANCE - PROPOSED ORDINANCE #P08-00368-ORD
CEQA Status: The project is Categorically Exempt from the provisions of California Environmental Quality Act pursuant to Section 14 CCR 15061(b)(3) - General Rule; and Section 15305 - Class 5, Minor Alteration to a Land Use Limitation.
Request:  Proposal by the operators of Bistro Don Giovanni to amend County Zoning Ordinance Section 18.132.030 pertaining to Legal Nonconformities.  The applicant requests that the ordinance be changed to allow for up to 500 sq. ft. of expansion to accessory uses, such as storage, associated with legal nonconforming uses.

Ordinance Title: An Ordinance of the Board of Supervisors of the County of Napa, State of California, Amending Napa County Code Section 18.132.030 (Conditions for Continuance of Legal Nonconformities) allowing 500 square feet of cumulative surface area expansion for accessory uses for legal nonconforming parcels in existence on May 1, 2008.

Staff Recommendation: That the Planning Commission conduct a public hearing and consider forwarding a recommendation to the Board of Supervisors.

Staff Contact: John McDowell 299-1354 

Supporting Documents
A Applicant's Proposed Zoning Text Narrative ( Adobe PDF Document - 12 kb )
B Application and Narrative ( Adobe PDF Document - 96 kb )
C Draft Ordinance ( Microsoft Word Document - 52 kb )

10A

ELECTION OF 2009 PLANNING COMMISSION OFFICERS

Staff Recommendation:
  Elect Chairperson and Vice-Chairperson for 2009 calendar year.

Staff Contact:  John McDowell 299-1354


10B

ADOPTION OF 2009 PLANNING COMMISSION MEETING CALENDAR

Staff Recommendation:  Adopt regular meeting schedule for 2009.

Staff Contact:  John McDowell 299-1354

Supporting Documents
A Proposed 2009 Calendar ( Microsoft Word Document - 57 kb )