MINUTES OF THE
MEETING OF THE
CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
May 1, 2002
1.
Call to Order.
THE CONSERVATION, DEVELOPMENT AND
PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY,
MAY 1, 2002, AT 9:00 A.M.
2.
Roll Call.
THE
FOLLOWING MEMBERS WERE PRESENT: CHAIRMAN DAVID GRAVES, COMMISSIONERS
TONY HOLZHAUER, LARRY SCHOENKE, TERRY SCOTT AND JIM KING.
3.
Pledge of Allegiance.
LAURA ANDERSON, DEPUTY COUNTY COUNSEL, LED THE SALUTE TO
THE FLAG.
4.
Citizen Comments and Recommendations.
NONE
5.
CLOSED SESSION
A. Conference with Legal Counsel -
Existing Litigation (GC § 54956.9(a) (1 case).
CLOSED SESSION –
NOT HELD
6.
CLOSED SESSION
A. Conference with Legal Counsel - Potential
Litigation (GC § 54954.5(c) (1 case).
7.
Approval of Minutes.
8. Agenda Review.
STAFF
REQUESTED THE FOLLOWING CHANGES:
REMOVE
ITEM 14 -STONEY SPRINGS VINEYARDS WINERY / GLENN AND GAYLE COOK - USE PERMIT
REQUEST #01148-UP FROM THE AGENDA FOR RENOTICING.
8. Continued
CONSIDER
ITEM 11 - PHELPS FARMWORKER HOUSING PROJECT / STONEBRIDGE CELLARS / NAPA COUNTY
HOUSING AUTHORITY - USE PERMIT REQUEST #02028-FLD BEFORE ITEM 10 - PHELAN
WINERY / GERALD & ARLENE PHELAN - USE PERMIT REQUEST #02066-UP
9.
Consent Agenda.
ITEM 14
10.
Phelan Winery / Gerald & Arlene
Phelan - Use Permit Request #02066-UP
California Environmental Quality Act (CEQA) Status:
Mitigated Negative Declaration Prepared.
Project
Description: Approval to
establish a new 4,800 gallon/year winery with: (1) a portal and an 800 square
foot tank/crush pad located outside the portal; (2) 2,080 square feet of new
caves for barrel storage; and (3) one part-time seasonal employee with no
visitors, tours and tasting, retail sales or marketing activities proposed,
located on a future 13.12 acre parcel created from a Lot Line Adjustment on a
private road south of Monticello Road, at the second access drive east of “Man
with Pipe”, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #033-370-023 and
024) 2840 Monticello Road, Napa.
PUBLIC HEARING
HELD – TESTIMONY PRESENTED
THE
COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE
MITIGATED NEGATIVE DECLARATION INCLUDING THE SIGNED PROJECT REVISION STATEMENT WITH
ONE MITIGATION MEASURE. LS-TS-TH-JK-DG
THE COMMISSION APPROVED USE PERMIT
#02066-UP BASED ON FINDINGS 10 THROUGH 15, SUBJECT TO CONDITIONS OF APPROVAL 1
THROUGH 11, AS AMENDED. LS-TS-TS-JK-DG
11.
Phelps Farmworker Housing Project /
Stonebridge Cellars / Napa County Housing Authority - Use Permit Request
#02028-FLD
CEQA Status: Mitigated Negative Declaration Prepared.
Request: Approval to establish
a 60-bed farmworker housing facility and associated infrastructure consisting
of four buildings, totaling approximately 12,734 square feet of floor area and
53,367± square feet of total site area including parking and driveways, located
on a proposed 7.0± acre portion of a 34.67 acre parcel located on
the west side of Silverado Trail approximately one-quarter mile north of its
intersection with Taplin Road within the AW zoning district (Agricultural
Watershed). (Assessor's
Parcel # 025-410-003) 1117 Silverado Trail, St. Helena.
PUBLIC
HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION.
TH-LS-TS-JK-DG
THE COMMISSION APPROVED USE PERMIT
#02028-UP BASED ON FINDINGS 9 AND 10, SUBJECT TO CONDITIONS OF APPROVAL 1
THROUGH 15.
TH-LS-TS-JK-DG
12.
Roy Estate
Winery / Chateau Roy, LLC – Use Permit Request #01276-UP
CEQA Status: Mitigated
Negative Declaration Prepared.
Request: Approval to
establish a new 12,000 gallon/year winery within an existing 3,300 square foot
barn with 5,500 square feet of new construction totaling 8,800 square feet and
17,300 square feet of new caves; (total winery area of 26,100 sq. ft.)
with: (1) an additional 4,032 square
feet of unenclosed covered work and storage areas; (2) one full-time employee
and 2 part-time employees; (3) up to 40 visitors per week; (4) private tours
and tasting by appointment only; (5) a marketing plan with sixteen (16)
marketing events per year; and (6) retail sales to members of the wine trade by
prior appointment only, located on a 41.53 acre parcel on the east side of Soda
Canyon Road, approximately 1,400 feet northeast of its intersection with
Silverado Trail within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #039-150-079) 1220 Soda
Canyon Road, Napa.
PUBLIC HEARING HELD – TESTIMONY
PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION. TS-LS-TH-JK-DG
THE COMMISSION APPROVED USE PERMIT
#01276-UP BASED ON FINDING 7, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18,
AS AMENDED.
TS-LS-TH-JK-DG
13.
Steven
Grover Winery/John Steffans – Use Permit Request #00325-UP
CEQA Status: General Rule.
Request: Approval to correct a
previously noticed total winery area from 6,412 square feet to 7,500 square
feet with no other corrections to the project located on a 39.66 acre parcel on
the north side of Spring Mountain Road at its intersection with the Napa/Sonoma
County line within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #020-300-063) 4028 Spring
Mountain Road, St. Helena.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION
APPROVED THE CORRECTION OF THE TOTAL WINERY AREA TO BE 7,713 SQUARE FEET.
TH-LS-TS-JK-DG
14.
Stoney Springs Vineyards Winery / Glenn
And Gayle Cook - Use Permit Request
#
01148-UP
CEQA Status: Mitigated Negative
Declaration Prepared.
Request:
Modification of Use Permit Exemption #SW-198889 to: (1) increase the
production capacity from 6,500 to 20,000 gallons/year; (2) construct a 1,400
square foot winery addition for a total winery floor area of 2,789 square feet;
(3) increase the number of custom producers from one to six utilizing 30%
(6,000 gallons/year) of the proposed production capacity; (4) modify custom
production activities to include crushing, fermentation, barrel ageing,
bottling, case goods storage, retail wine sales, administrative offices, wine
tasting, distribution/shipping, tours/tasting and two marketing events; (5) add
2 full-time employees for a total of 2
employees; and (6) add a marketing plan to include three 150 person (maximum)
private promotional events per year, located on a 18.84 acre parcel at the
terminus of North Fork Crystal Springs Road approximately 3,000 feet east of
Silverado Trail within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #021-030-032) 264 Crystal Springs Road, St. Helena.
ITEM REMOVED FROM AGENDA AND WILL BE
RENOTICED.
TS-LS-TH-JK-DG
15.
Proposed Ordinance Amendment #02133-ORD amending Title 18 of the Napa County
Code to add a new Chapter 18.117 entitled, Small Wind Energy Systems, which is
intended to provide for the allowable local level of review, restriction and
approval of small wind energy systems under recently enacted State law
(Government Code section 65892.13). The
State law provides that a local agency may by ordinance, provide for the
installation of small wind energy systems upon issuance of an approved use
permit. The enacted law further allows a local agency to impose limited
conditions on the installation of such a system with respect to local view
protection, aesthetics, aviation, and conservation factors. The conditions with
respect to notice, tower height, setbacks, noise level, turbine approval, tower
drawings, engineering analysis, or line drawings may be no more restrictive
than as provided for under the adopted State statute.
15. Continued
The State law (Government Code section
65892.13) furthermore provides that if a local agency has not adopted an
ordinance in accordance with its provisions by July 1, 2002, it may do so at a
later date, but any applications for small wind energy systems that are
submitted between July 1, 2002, and the adopted date of the local ordinance
must be approved as a matter of right providing the proposed system conforms to
the requirements of section 65892.13(f) in State law. CEQA Status: Negative Declaration Prepared.
PUBLIC
HEARING HELD – TESTIMONY PRESENTED
THE
COMMISSION FOUND THAT IT HAS REVIEWED AND CONSIDERED THE NEGATIVE DECLARATION
INCLUDING ANY COMMENTS RECEIVED ON THE DRAFT NEGATIVE DECLARATION PRIOR TO
TAKING ACTION TO RECOMMEND APPROVAL OF THE SMALL WIND ENERGY SYSTEMS ORDINANCE
TO THE BOARD OF SUPERVISORS AND RECOMMENDS THAT THE BOARD OF SUPERVISORS REVIEW
AND CONSIDER THE NEGATIVE DECLARATION AND THAT THE BOARD ADOPT THE NEGATIVE
DECLARATION PRIOR TO TAKING ACTION TO APPROVE THE SMALL WIND ENERGY SYSTEMS
ORDINANCE.
LS-TS-TH-JK-DG
THE
COMMISSION DIRECTED STAFF MAKE THE ADDITIONAL CHANGES/MODIFICATIONS DISCUSSED
TODAY TO THE DRAFT ORDINANCE; THE COMMISSION RECOMMENDS THE BOARD OF
SUPERVISORS APPROVE THE SMALL WIND ENERGY SYSTEMS ORDINANCE AND AUTHORIZES THE
CHAIR TO FORWARD THE COMMISSION’S RECOMMENDATION IN WRITING TO THE BOARD. LS-TS-TH-JK-DG
Other Business
16.
City Referrals: None
NONE
17.
Recommend to the Board of Supervisors an Appointee to the Napa County
Wildlife Commission.
THE COMMISSION NOMINATED COMMISSIONER LARRY SCHOENKE AS THEIR
REPRESENTATIVE TO THE WILDLIFE COMMISSION.
JK-TS-TH-LS-DG
18. Discussion of Items for
the May 15,
2002 Meeting.
STEVE LEDERER, DEPUTY
PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT
THE MAY 15, 2002 MEETING:
PIEDRA HILL WINERY/WILLIAM AND JOAN
SMITH – USE PERMIT REQUEST #02057-UP
STAGLIN FAMILY PARTNERS/STAGLIN TRUST
ET AL – USE PERMIT MODIFICATION REQUEST #02044-MOD
CUVAISON INC. -
USE PERMIT REQUEST #01254-UP
THE AIRPORT LAND
USE COMMISSION MEETING TENTATIVELY SCHEDULED FOR MAY 15, 2002 HAS BEEN MOVED TO
JUNE 5, 2002.
19.
Commissioner Comments.
COMMISSIONER SCOTT
ADVISED THAT HE WOULD NOT BE PRESENT FOR THE MAY 15, 2002 MEETING, AS HE WILL
BE OUT OF THE COUNTRY.
CHAIRMAN GRAVES
ASKED MR. NELSON IN THEIR PRE-MEETING TODAY WHAT THE COUNTY’S RESPONSE WOULD BE
TO THE TOTAL MAXIMUM DAILY LOAD STUDY (TMDL).
MR. NELSON RESPONDED THAT HE INVITED PATRICK LOWE, DEPUTY PLANNING
DIRECTOR, TO MAKE A PRESENTATION TO THE COMMISSION TODAY, BUT HE IS
UNAVAILABLE. HOWEVER, MR. LOWE
INDICATED HE IS PUTTING TOGETHER A FORMAL RESPONSE TO THE REGIONAL WATER
QUALITY CONTROL BOARD REGARDING THE DRAFT EXECUTIVE SUMMARY, WHICH SHOULD BE
READY BY MAY 15, 2002.
20.
Director's Report on Board of Supervisors' Actions.
STEVE LEDERER,
DEPUTY PLANNING DIRECTOR, REPORTED THAT THE
PLANNING DIRECTOR
MET WITH THE BOARD OF SUPERVISORS DURING THEIR RETREAT EARLIER THIS WEEK, AND
GENERALLY SPEAKING THE BOARD IS PLEASED WITH THE WORK THE PLANNING DEPARTMENT
IS DOING. THE BOARD HAS HIGH
EXPECTATIONS FOR THE DEPARTMENT IN THE COMING YEAR AS THE COUNTY APPROACHES THE
GENERAL PLAN UPDATE, WINERY DEFINITION ORDINANCE AND VARIOUS OTHER
FUNCTIONS.
20. Continued
MR. LEDERER ALSO
INDICATED THE BOARD OF SUPERVISORS’ BUDGET PROCESS IS APPROACHING, AND THE
DIRECTION OF THE PLANNING DEPARTMENT OVER THE NEXT YEAR WILL BE DETERMINED
BASED ON DISCUSSIONS WITH THE BOARD.
MR. LEDERER
ATTENDED AN OPEN HOUSE AT HOMESTAKE MINE EARLIER THIS WEEK, AND THE WORK THEY
ARE DOING AS PART OF THE RESTORATION OF THE MINE LOOKED POSITIVE. THE PROCESSING OF THE ORE SHOULD BE
COMPLETED IN APPROXIMATELY 60 DAYS, AND THAT WILL BE THE END OF OPERATIONS.
MR. LEDERER
INQUIRED AS TO WHETHER OR NOT THE COMMISSION WOULD LIKE TO TOUR THE MINE EITHER
AS A GROUP OR INDIVIDUALLY.
COMMISSIONER KING
INDICATED HE WOULD LIKE TO GO ON THE TOUR AND CHAIRMAN GRAVES SUGGESTED STAFF
COORDINATE THE TOUR WITH THE UNIVERSITY OF CALIFORNIA DAVIS RESEARCH
GROUPS. MEMBERS OF THE UC DAVIS
RESEARCH GROUPS WILL BE AT THE MINE AS PART OF THE MCLAUGHLIN PRESERVE ADDITION
TO THE NATURAL RESERVE SYSTEM OF THE UNIVERSITY OF CALIFORNIA.
MR. LEDERER
SUGGESTED JUNE 19, 2002 AS A TENTATIVE DATE FOR THE TOUR PENDING DISCUSSION
WITH HOMESTAKE MINE.
21.
Discussion of Planned Joint Meeting with the Sonoma County Planning
Commission.
CHAIRMAN GRAVES
ADVISED THE PROCESS FOR ESTABLISHING THE JOINT MEETING WITH THE SONOMA COUNTY
PLANNING COMMISSION WILL BE, AS FOLLOWS:
STAFF MEMBERS FROM NAPA AND SONOMA COUNTIES WILL MEET TO DISCUSS AGENDA
TOPICS AND THEN THE STAFF AND COMMISSION CHAIRS WILL MEET TO FINALIZE THE
AGENDA TOPICS. SUBSEQUENT TO THIS
PROCESS, A DATE WILL BE DETERMINED FOR THE JOINT PLANNING COMMISSION MEETING.
22.
Discussion and Adoption of a Memorandum to the Board of Supervisors
Suggesting Work Program Items for Fiscal Year 2002 – 2003.
THE COMMISSION
AUTHORIZED THE CHAIR TO SIGN THE MEMORANDUM FOR THE WORK PROGRAM ITEMS FOR
FISCAL YEAR 2002 – 2003, INCLUDING THE SUGGESTIONS MADE TODAY, AND TO FORWARD
THE MEMORANDUM TO THE BOARD OF SUPERVISORS.
THE MEMORANDUM WILL INCLUDE THE FOLLOWING:
22. Continued
AIRPORT INDUSTRIAL
AREA SPECIFIC PLAN UPDATE
INSTITUTION OF A
DESIGN REVIEW COMMITTEE
PROVISION OF
ADDITIONAL GUIDANCE ON WINERY APPROVAL CRITERIA
REQUEST FOR
SEMI-ANNUAL MEETINGS WITH THE BOARD
REQUEST FOR
COMMISSIONER REIMBURSEMENT FOR WINERY SITE VISITS
COMMISSIONER
HOLZHAUER REQUESTED COMMISSIONER PER DIEM BE DOUBLED FOR EACH COMMISSIONER IN
LIEU OF MILEAGE FOR VISITING WINERIES.
COMMISSIONER KING
REQUESTED INFORMATION REGARDING THE HOUSING ELEMENT AND GENERAL PLAN UPDATE.
LS-TH-TS-JK-DG
X
23.
Zoning Administrator Actions for April 2002.
STEVE LEDERER,
DEPUTY PLANNING DIRECTOR, REPORTED A MINOR MODIFICATION FOR FRED CONSTANCE
WINERY THAT WENT BEFORE THE ZONING ADMINISTRATOR WILL BE FORWARDED TO THE
PLANNING COMMISSION FOR CONSIDERATION IN JUNE.
24.
Future Agenda Items.
NOT DISCUSSED
Adjournment.
ADJOURNED TO REGULAR
CONSERVATION, DEVELOPMENT AND PLANNING
COMMISSION MEETING,
WEDNESDAY, MAY 15, 2002 AT 9:00 A.M.
DAVID
GRAVES, Chairperson
ATTEST: CHARLES
WILSON, Acting Secretary – Director
MICHELLE
PRICE, Deputy Clerk of the Board
Key
Vote: JK
= Jim King; TH = Tony Holzhauer; LS = Larry Schoenke; DG = David Graves; TS =
Terrence Scott
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