MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

 

June 5, 2002

 

 

1.                  Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, JUNE 5, 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.

HEATHER MCCOLLISTER, PLANNER III, LED THE SALUTE TO THE FLAG.

 

 

4.                  Citizen Comments and Recommendations.

NONE

 

 

5.                  Approval of Minutes.

APPROVED MINUTES OF MEETING OF JANUARY 16, 2002.

                                                                        TH-LS-TS-JK-DG

 

 

APPROVED MINUTES OF MEETING OF FEBRUARY 6, 2002.

                                                                        TH-LS-TS-JK-DG

 

 

6.                  Agenda Review.

STAFF REQUESTS STONEY SPRINGS VINEYARDS WINERY/GLENN COOK AND GAYLE SHURTZ - USE PERMIT REQUEST #01148-UP BE CONTINUED TO JULY 17, 2002.

 

Public Hearings

 

7.                  Rappenecker/Rappenecker Trust - Use Permit Request #02045-UP                                                        
California Environmental Quality Act (CEQA) Status:  Negative Declaration Prepared.                                   
Request:  Approval to:  (1) construct one additional boat and recreational vehicle storage building of 7,800 square feet; (2) add a 4,800 square foot canopy; and, (3) expand a previously approved but not constructed boat and recreational vehicle storage building from 4,800 square feet to 7,800 square feet for a total additional square footage of 15,600 square feet, located on a 17.38 acre parcel on the southwest side of State Highway 128 approximately 800 feet southeast of Monticello Road within a CN (Commercial Neighborhood) zoning district. (Assessor’s Parcels # 032-150-051) 

5080 State Highway 128, Napa.  (Continued from May 15, 2002).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

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

                                                                        TH-LS-TS-JK-DG

                                                                                            N

 

THE COMMISSION APPROVED USE PERMIT #02045-UP BASED ON FINDINGS 11, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 11.

                                                                        TH-LS-TS-JK-DG

                                                                                            N

 

 

8.                  Stoney Springs Vineyards Winery/Glenn Cook and Gayle Shurtz - Use Permit Request #01148-UP    
CEQA Status:  Mitigated Negative Declaration Prepared.        
Request:  Approval to modify Use Permit Exemption #SW-198889 to: (1) increase the production capacity from 6,500 to 20,000 gallons per 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 who will utilize 30% (6,000 gallons per year) of the proposed production capacity; (4) modify custom production activities to include retail wine sales, one administrative office, distribution and shipping, tours and tasting by appointment only; (5) allow a maximum of two of the four employees for custom production activities; and, (6) add a marketing plan to recognize one private marketing event and add two custom producer marketing events for a total of 3 annual private promotional events with a maximum of 150 person per event, 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.

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

PUBLIC HEARING CONTINUED TO JULY 17, 2002.

                                                                        TH-LS-TS-JK-DG

9.                  Diamond Mountain Vineyards/Fred and Mary Constant - Use Permit Modification Request #02024-MOD 
CEQA Status: Negative Declaration Prepared. 
Request:  Approval to modify Use Permit #93427-UP and #96493-MOD to: (1) reduce the size of the previously approved winery building to 1,400 square feet, reduce the cave area to 1,540 square feet and recognize the existing 990 square foot tank storage building for a total winery area of 3,980 square feet; (2) relocate the winery building and existing outdoor crush pad 250 feet to the south; and, (3) improve the existing on-site access road per Public Work’s guidelines.  No changes in production capacity, visitation or employees are requested, located on a 54.69 acre parcel at the end of Diamond Mountain Road, approximately three miles from its intersection with State Highway 29 within an AW (Agricultural Watershed) zoning district. (Assessor's Parcel #020-100-012).  2121 Diamond Mountain Road, Calistoga.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

PUBLIC HEARING CONTINUED TO JULY 3, 2002.

                                                                                    LS-JK-TH-TS-DG

                                                                                                         N

 

 

10.              Jones Winery/David and Sandra Jones - Use Permit Request #01075-UP                                               
CEQA Status:  Mitigated Negative Declaration Prepared.                                                                              
Request:  Approval to establish a new 5,000 gallon per year winery with:  (1) 2,470 square feet of caves for a winery totaling 2,470 square feet (No new buildings are proposed); (2) a 500 square foot uncovered outdoor crush pad; (3) one full-time employee; (4) a marketing plan with 2 events per year with a maximum of 24 people per event; (5) no tours and tasting; visitors, parking, or custom production are proposed, located on a 10.01 acre parcel on the east side of Meadowood Lane, approximately a quarter mile north of Howell Mountain Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # 025-080-041)  690 Meadowood Lane, St. Helena.

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 ONE MITIGATION MEASURE.                                                      LS-TH-TS-JK-DG

 

 

THE COMMISSION APPROVED USE PERMIT #01075-UP BASED ON FINDINGS 13 THROUGH 17, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 17, AS AMENDED.                                                   LS-TS-TH-JK-DG

 

11.              Stravinski Warehouse – South Kelly Road 194 - Use Permit Request #02052-UP          
CEQA Status: Mitigated Negative Declaration Prepared.         
Request:  Approval of a use permit to construct a 63,542 square foot warehouse and office building (4,982 square feet of office and 58,560 square feet of warehouse) with 59 initial parking spaces and a reserve area provided for 24 additional parking spaces; six recessed truck loading docks on the west side of the building; a parking lot and drive aisle access to be shared with the existing warehouse building and a new driveway to be constructed connecting with South Kelly Road, located on a 3.9 acre parcel on the northwest corner of South Kelly Road and State Route 29 in the Napa County Airport Industrial Area Specific Plan, within an IP:AC (Industrial Park: Airport Compatibility Combination) zoning district (Assessor’s Parcel # 057-090-078).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

 

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

                                                                        LS-JK-TH-TS-DG

 

 

THE COMMISSION APPROVED USE PERMIT #02052-UP BASED ON FINDING 12, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 31, AS AMENDED.

                                                                        LS-TS-TH-JK-DG

 

 

Other Business

 

12.              City Referrals:  None

NONE

 

 

13.              Discussion of items for the July 3, 2002 Meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE JULY 3, 2002 MEETING:

 

OAKVILLE, LLC/ROBERT AND VERONIQUE YEAKEY TRUST – USE PERMIT REQUEST #99141-UP

 

GARGIULO VINEYARD WINERY/JEFFREY AND VALERIE GARGIULO USE PERMIT REQUEST #00527-UP

 

RICHARD PERRY WINERY/RICHARD AND SHIELA PERRY TRUST – USE PERMIT REQUEST #02108-UP

 

HERRELL WINERY/KELLY AND SHARON HERRELL TRUST - USE PERMIT REQUEST #02115-UP

 

13.       Continued

 

LA CANTINA WINERY/ROBERT AND DOROTHY MULHOLLAND – USE PERMIT REQUEST #02120-UP

 

ZONING ORDINANCE TEXT AMENDMENT REQUEST #02225-ORD (TIMBER HARVEST PRESERVE) OF THE NAPA COUNTY BOARD OF SUPERVISORS

 

NICKEL & NICKEL WINERY / NICKEL & NICKEL LLC – USE PERMIT MODIFICATION REQUEST #02126-MOD

 

CELL PHONE TOWERS: ONE AT CALISTOGA LANDFILL AND ONE AT HIGHWAY 80 AND AMERICAN CANYON ROAD

 

 

14.              Commissioner Comments.

STEVE LEDERER, DEPUTY DIRECTOR, REPORTED THE BOARD OF SUPERVISORS RECENTLY DISCUSSED THE FOLLOWING:

 

THE PLANNING DEPARTMENT WAS DIRECTED TO PREPARE AN ORDINANCE RELATED TO TIMBER HARVEST AND AN ORDINANCE REGARDING STREAM SETBACKS.  BOTH ARE LIKELY TO BE CONSIDERED BY THE PLANNING COMMISSION MID JULY.

 

REGARDING APPEALS, THE FOLLOWING ARE STILL PENDING FINAL DECISION: GROVER WINERY, PAHLMEYER WINERY AND CARNEROS LODGE.  THE CARNEROS LODGE APPLICANT SUBMITTED A PLAN FOR A SMALLER PROJECT, WHICH IS BEING REVIEWED BY THE PLANNING DEPARTMENT AND WILL BE CONSIDERED BY THE BOARD JULY 9, 2002.

 

IN RESPONSE TO PREVIOUS DISCUSSIONS BY THE PLANNING COMMISSION REGARDING WINE AUCTION EVENTS, MR. LEDERER ADVISED THAT DUE TO THE CHARITY NATURE OF THE EVENTS, THEY DO NOT FALL UNDER THE WINERY DEFINITION ORDINANCE (WDO). 

 

PREVIOUSLY, THE BOARD AGREED TO SUPPORT WINE AUCTION EVENTS, BUT THERE WAS NEVER AN AGREEMENT THAT WINE AUCTION EVENTS DID NOT NEED TO BE INCLUDED IN THE USE PERMIT APPLICATION PROCESS.  THE PLANNING DEPARTMENT EXPECTS APPLICANTS TO INCLUDE THE WINE AUCTION EVENTS IN THEIR USE PERMIT APPLICATION, AND THE EVENTS WILL THEN BECOME PART OF THE CONDITIONS OF APPROVAL.

 

COMMISSIONER KING INQUIRED WHETHER PRE-WDO WINERIES WERE ALLOWED TO HOST WEDDINGS AT THEIR FACILITIES AND WHETHER OR NOT THE “NO WEDDING” RULE IS BEING ENFORCED?


14.              Continued

 

BOB NELSON, SUPERVISING PLANNER, RESPONDED THAT THERE IS CURRENTLY ONLY ONE ENFORCEMENT PERSON AND THAT PERSON IS NOT FULL-TIME.   HE INDICATED THAT THERE HAS BEEN A REALLOCATION OF POSITIONS IN THE DEPARTMENT, AS WELL AS PERSONNEL BEING REASSIGNED TO OTHER PRIORITIES.   CURRENTLY, STAFF HAS BEEN REASSIGNED TO ADDRESS THE CONCERNS RELATED TO HILLSIDE VINEYARDS.

 

THE COMMISSION EXPRESSED CONCERN REGARDING THE LACK OF COUNTY ENFORCEMENT AND THE ELIMINATION OF SEVERAL ENFORCEMENT POSITIONS. 

 

MR. LEDERER INDICATED THAT THE BOARD OF SUPERVISORS WILL BEGIN BUDGET HEARINGS IN THE NEXT SEVERAL WEEKS, AND HOPEFULLY ENFORCEMENT POSITIONS WILL BE REPLACED AS A RESULT OF THE BUDGET HEARING PROCESS.

 

MR. LEDERER SUGGESTED COMMISSIONERS COMPLETE CLAIM FORMS TO BE REIMBURSED FOR SITE VISITS.

 

MR. LEDERER INDICATED THE TOUR OF THE HOMESTAKE MINE TENTATIVELY SCHEDULED FOR JUNE 19, 2002 IS SUBJECT TO CONFIRMATION.

 

MR. NELSON REQUESTED FEEDBACK FROM THE COMMISSION REGARDING NEW FORMAT OF THE STAFF REPORTS. 

 

COMMISSIONER SCHOENKE RESPONDED AND REQUESTED THAT THE USE PERMIT BE LISTED IN THE STAFF RECOMMENDATION, SO IT CAN BE REFERENCED WHEN MAKING A MOTION TO APPROVE THE ITEM.

 

COMMISSIONER KING RESPONDED AND REQUESTED THAT ASSIGNED STAFF PLANNERS BE SPECIFIED ON THE FRONT PAGE OF THE STAFF REPORT.

 

COMMISSIONER SCOTT RESPONDED AND REQUESTED THAT STAFF DEVELOP LANGUAGE TO BE USED FOR THE ENVIRONMENTAL RECOMMENDATIONS, SO THAT EACH OF THE ENVIRONMENTAL RECOMMENDATIONS DO NOT HAVE TO BE READ SEPARATELY WHEN MAKING A MOTION TO APPROVE THE ITEM.

14.       Continued

 

COMMISSIONER HOLZHAUER REQUESTED A VOLUNTEER FROM THE COMMISSION  TO START ATTENDING THE HILLSIDE OVERSIGHT COMMITTEE MEETINGS DUE TO CHAIRMAN GRAVE’S PERCEIVED CONFLICT OF INTEREST.  THE NEXT OVERSIGHT COMMITTEE MEETING IS SCHEDULED FOR JUNE 26, 2002.       

 

COMMISSIONER KING VOLUNTEERED TO BE THE REPRESENTATIVE TO THE HILLSIDE OVERSIGHT COMMITTEE.

 

COMMISSIONER SCOTT VOLUNTEERED TO BE THE REPRESENTATIVE TO THE FARMWORKER HOUSING OVERSIGHT COMMITTEE. 

 

THE COMMISSION WILL FORMALIZE THEIR RECOMMENDATIONS FOR THE TWO OVERSIGHT COMMITTEES AT THEIR MEETING JULY 3, 2002 AND FORWARD THAT RECOMMENDATION TO THE BOARD OF SUPERVISORS.

 

 

15.              Zoning Administrator Action for May 2002.

NO DISCUSSION

 

 

16.              Future Agenda Items.

DISCUSSED TOGETHER WITH ITEM 13.         

           

 

Adjournment.

ADJOURNED TO REGULAR CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

MEETING, WEDNESDAY, JULY 3, 2002 AT 9:00 A.M.

 

 

                                                           

                                                                                    DAVID GRAVES, Chairperson

 

ATTEST:         CHARLES WILSON, Acting Secretary – Director

 

 


MICHELLE PRICE, Deputy Secretary           

 

 

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