MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

July 3, 2002 

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, JULY 3, 2002, AT 9:00 A.M.

2. Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT: CHAIRPERSON DAVID GRAVES, COMMISSIONERS TONY HOLZHAUER, LARRY SCHOENKE, TERRY SCOTT AND JIM KING.

3. Pledge of Allegiance.

IRVING THOMAS LED THE SALUTE TO THE FLAG.

4. Citizen Comments and Recommendations.

NONE

5. Approval of Minutes.

NONE

6. Agenda Review.

STAFF REQUESTED ITEM 13 - RICHARD PERRY WINERY/RICHARD AND SHIELA PERRY TRUST - USE PERMIT REQUEST #02108-UP BE CONTINUED TO JULY 17, 2002.

STAFF REQUESTED ITEM 17 - ZONING ORDINANCE TEXT AMENDMENT

#02225-ORD REGARDING TIMBER HARVESTING BE SET FOR TIME CERTAIN AT 1:30 P.M.

STAFF REQUESTED ITEM 12 - GARGIULO VINEYARD WINERY/JEFFREY AND VALERIE GARGIULO – USE PERMIT REQUEST #00527-UP, BE REMOVED FROM THE AGENDA AND RENOTICED.

STAFF REQUESTED ITEM 11 - OAKVILLE, LLC/ROBERT AND VERONIQUE YEAKEY TRUST – USE PERMIT REQUEST #99141-UP, BE CONTINUED TO AUGUST 7, 2002.

Public Hearings

7. Consent Agenda.

NONE

8. Diamond Mountain Vineyards/Fred and Mary Constant - Use Permit Modification Request #02024-MOD
California Environmental Quality Act (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. (Continued from June 3, 2002)

PUBLIC HEARING HELD - TESTIMONY PRESENTED

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

LS-TS-TH-JK-DG

THE COMMISSION APPROVED USE PERMIT MODIFICATION #02024-MOD BASED ON FINDINGS 12 AND 13, SUBJECT TO CONDITIONS OF APPROVAL FOR USE PERMITS #02024-MOD 1 THROUGH 12, #96493-MOD 1 THROUGH 14 AND #93427-UP 1 THROUGH 11. LS-TS-TH-JK-DG

9. Verizon Wireless/Pestoni Brothers/Clover Flat Landfill, Inc. - Use Permit Request

#02014-UP

CEQA Status: Categorical Exemption.
Request: To establish an unmanned communications facility on a 20 by 34 foot leased area on the west side of Clover Flat Landfill consisting of: (1) a 50 foot tall ground-mounted monopole with three panel antenna arrays, each consisting of four 56 inches long, four inches wide and four feet deep antennas (12 total antennas) mounted on the monopole; (2) construction of a 240 square foot, 12 foot tall new, prefabricated ground-mounted equipment shelter within the lease area containing emergency battery back-up and related support equipment; (3) construction of a GPS (Global Positioning Satellite) antenna on top of the equipment shelter; (4) construction of a six foot chain link fence around the lease area for security purposes; (5) installation of new underground electrical power and telecommunication cables in conduits to serve the new facility; and (6) installation of a new facility sign as required by County ordinance. Use of an existing access road and an existing on-site parking area is proposed. The project is located on a 117.35 acre parcel on the east side of Silverado Trail, north of Clover Flat Road near Calistoga within an AW (Agriculture Watershed) zoning district (Assessor’s Parcel # 020-120-019) 4400 Clover Flat Road, Calistoga.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

9. Continued

ENVIRONMENTAL DETERMINATION: THE COMMISSION FOUND THAT THE PROPOSED PROJECT QUALIFIES FOR A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 (d) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THIS SECTION ESTABLISHES CLASS 3 CATEGORICAL EXEMPTIONS, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. SUBSECTION (d) IDENTIFIES UTILITY EXTENSIONS AS WITHIN THIS CLASS. TH-LS-TS-JK-DG

THE COMMISSION APPROVED USE PERMIT #02014-UP BASED ON FINDINGS #12 THROUGH 19, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 14.

TH-LS-TS-JK-DG

10. Verizon Wireless & Nextel Communications I-80 Site/Joseph Hensley - Use Permit Request #01097-UP
CEQA Status: Categorical Exemption.
Request: To establish an unmanned communications facility on a 20 by 30 foot leased area on the west side of the I-80 Freeway consisting of: (1) a 49 foot tall ground-mounted structure designed as a water tank with 12 sector panel arrays attached inside the structures, each having a width of 15 inches, a depth of 12 inches and a length of 96 inches; (2) installation of one four foot diameter dish mesh antenna located inside the structure; (3) construction of a 240 square foot, 12 foot tall prefabricated ground-mounted equipment structure containing emergency battery power back-up and similar support equipment enclosed by a six foot chain link fence; (4) construction of a new eight foot wide gravel private access road approximately 880 feet in length; (5) installation of approximately 760 linear feet of new overhead electrical power and telecommunication cables to serve the new facility; (6) construction of a small GPS (Global Positioning Satellite) antenna on the proposed equipment building; and, (7) installation of a new facility sign as required by County ordinance, located on a 20.44 acre parcel on the south side of American Canyon Road and northeast of Canyon Road within an AW (Agricultural Watershed) zoning district (Assessor’s Parcel # 059-060-026).

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO AUGUST 21, 2002.

TS-TH-LS-JK-TH

11. Oakville, LLC/Robert and Veronique Yeakey Trust – Use Permit Request #99141-UP
CEQA Status: Initial Study Prepared.
Request: Approval of a Use Permit exception to the Napa County Conservation Regulations for construction of an access road on slopes of over 30% located on four contiguous parcels totaling 337± acres on Oakville Grade, approximately 1,000 feet east of its intersection with Mt. Veeder Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # 027-310-031, 032 SFAP, 036, 037 (ptn) and 038)

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO AUGUST 7, 2002.

TS-TH-LS-JK-DG

12. Gargiulo Vineyard Winery/Jeffrey and Valerie Gargiulo Use Permit Request #00527-UP
CEQA Status: Mitigated Negative Declaration Prepared.
Request: Approval of a Use Permit to establish a new 20,000 gallon/year winery with: (1) a new 4,420 square foot winery production facility and 10,000 square feet of caves for barrel storage resulting in a winery totaling 14,420 square feet; (2) two full-time and one part-time employees; (3) a maximum of 40 visitors per week; (4) five parking spaces; (5) tours and tastings by appointment only; (6) wine retail sales and, (7) a marketing plan with 12 indoor and outdoor marketing events per year with a maximum of 40 persons per event, located on a 11.18 acre parcel on the south side of Oakville Cross Road, approximately 1,400 feet west of its intersection with Silverado Trail, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcels #031-070-012) 575 Oakville Cross Road, Napa.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

REMOVED FROM AGENDA AND WILL BE RE-NOTICED.

LS-TH-TS-JK-DG

13. Richard Perry Winery/Richard and Shiela Perry Trust – Use Permit Request #02108-UP

CEQA Status: Negative Declaration Prepared.
Request: Approval of a Use Permit to establish a new 12,000 gallon per year winery with: (1) a 3,000 square foot winery building; (2) custom crushing activities (crushing, fermentation, and bottling) for up to one custom producer utilizing 30% (3,600 gallons per year) of the total approved winery production capacity; (3) two part-time employees; (4) an average of 2.5 visitors per week; (5) four parking spaces; (6) tours and tasting for members of the wine trade by appointment only with no other marketing activities proposed, located on a 20.06 acre parcel west of Green Valley Road approximately 4,500 feet south of its intersection with Wild Horse Valley Road, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # 045-310-037) 1187 Green Valley Road, Napa. 1187 Green Valley Road, Napa.

PUBLIC HEARING OPENED - NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO JULY 17, 2002.

TH-LS-TS-JK-DG

14. Herrell Winery/Kelly and Sharon Herrell Trust - Use Permit Request #02115-UP
CEQA Status: Categorical Exemption
Request: Approval of a Use Permit to establish a new 2,500 gallon per year winery with: (1) no winery buildings and 1,650 square feet of caves with one portal for a winery totaling 1,650 square feet; and (2) two part-time employees. No custom production, on-site wine sales, tours and tasting or marketing events are proposed. The project is located on a 13.57 acre parcel approximately ¾ of a mile east of Silverado Trail and 2.75 miles south of its intersection with Yountville Cross Road, within an AP/AW (Agricultural Preserve/Agricultural Watershed) split zoning district. (Assessor’s Parcel # 032-400-019 SFAP) 5860 Silverado Trail, Yountville.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

14. Continued

ENVIRONMENTAL DETERMINATION: THE COMMISSION FOUND THAT THE PROPOSED PROJECT IS CATEGORICALLY EXEMPT UNDER NAPA COUNTY CEQA GUIDELINES CLASS 3: (3) (STATE EXEMPTION CLASS 3(C) [15303]) SMALL STRUCTURE (UNDERGROUND), LESS THAN 2,500 SQUARE FEET, NOT INVOLVING THE USE OF SIGNIFICANT AMOUNTS OF HAZARDOUS SUBSTANCES, NOT DESIGNED TO ACCOMMODATE MORE THAN 30 PEOPLE, NOT WITHIN AN IDENTIFIED ENVIRONMENTALLY SENSITIVE AREA, AND WITHOUT SIGNIFICANT ENVIRONMENTAL IMPACTS. LS-TS-TH-JK-DG

THE COMMISSION APPROVED USE PERMIT APPLICATION #02115-UP BASED ON FINDINGS 11 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 12. LS-TS-TH-JK-DG

15. La Cantina Winery/Robert and Dorothy Mulholland – Use Permit Request #02120-UP
CEQA Status: Negative Declaration Prepared.
Request: Approval of a Use Permit to establish a new 10,000 gallon per year winery with: (1) a 1,920 square foot winery building; (2) one part-time employee; and, (3) two parking spaces. No outside work areas, custom crushing activities, visitors, tours and tasting or marketing activities are proposed. The project is located on a 20.11 acre parcel on the east side of Big Ranch Road approximately 3/4 of a mile from its intersection with Trancas Street within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #038-180-008) 2230 Big Ranch Road, Napa.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

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

LS-TH-TS-JK-DG

THE COMMISSION APPROVED USE PERMIT #02120-UP BASED ON FINDINGS 11 THROUGH 15, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 17.

LS-TH-TS-JK-DG

16. Nickel & Nickel Winery / Nickel & Nickel LLC – Use Permit Modification Request

#02126-MOD
CEQA Status: Mitigated Negative Declaration.
Request: Approval of a modification to Use Permit 98400-UP to: (1) add a 927 square foot front and back deck to the historic residence as well as a 2,663 square foot basement to be used for marketing and hospitality purposes, and add a 898 square foot second floor and a 475 square foot mezzanine to the administration building resulting in a winery totaling 62,341 square feet with no increase in production capacity; (2) construct an irrigation pond with a surface area of approximately 42,000 square feet to be used for vineyard irrigation and frost protection; (3) allow for miscellaneous changes in parking and driveway locations; (4) add two 10,500 gallon water tanks with a 20 by 20 foot concrete pad, located on a 30.05 acre parcel on the east side of State Highway 29 approximately one half mile north of Oakville Cross Road within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel # 031-010-003) 8164 St. Helena Highway, Oakville.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH 2 MITIGATION MEASURES. LS-TS-JK-TH-DG

THE COMMISSION APPROVED USE PERMIT #02126-MOD BASED ON FINDINGS 12 THROUGH 16, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 7.

LS-TS-LS-TH-DG

17. Zoning Ordinance Text Amendment Request #02225-ORD of the Napa County Board of Supervisors to amend Chapter 18.108 (Conservation Regulations), Section .050 (Exemptions), Subsections I and J of the Napa County Code to: a) eliminate the current exemption from the County’s Conservation Regulations for timberland conversions authorized by a State Department of Forestry Timberland Conversion Permit; b) clarify that the current exemption does not apply to the State Department of Forestry's Less Than Three-Acre Timberland Conversion Exemptions; c) clarify when vegetation clearing/grading, authorized by other state or federal permits, is exempt from County regulation; and, d) clarify the extent of the County’s jurisdiction on projects other than timberland conversions when a portion of the project is authorized by a state or federal permit.

CEQA Status: Categorically Exempt.

THE PUBLIC HEARING ON THIS ITEM WILL COMMENCE AT 1:30 P.M.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

ENVIRONMENTAL DETERMINATION: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE GENERAL RULE [SECTION 15061(b)(3)] AND/OR CLASS 7 AND 8 CATEGORICAL EXEMPTION [SECTIONS 15307 AND 15308] PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

17. Continued

THE COMMISSION RECOMMENDS TO THE BOARD OF SUPERVISORS THAT THEY ADOPT THE ZONING ORDINANCE TEXT AMENDMENT #02225-ORD AMENDING SUBSECTIONS 18.108.050 I AND J OF THE NAPA COUNTY CODE TO ELIMINATE THE CURRENT EXEMPTION FROM THE COUNTY’S CONSERVATION REGULATIONS FOR TIMBERLAND CONVERSIONS AUTHORIZED BY A STATE TIMBERLAND CONVERSION PERMIT.

JK-LS-TH-TS-DG

18. Proposed Ordinance Amendment #02231-ORD making technical corrections to Sections 1.24.020, 3.10.020, 5.36.020, 15.60.090, 17.46.070, and 18.124.070 of the Napa County Code.
CEQA Status: General Rule (CEQA State Guideline section 15061(b)(3) and Exemption Section 404 of the Napa County CEQA Guidelines).
PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION RECOMMENDS TO THE BOARD OF SUPERVISORS THAT THEY ADOPT THE ORDINANCE MAKING TECHNICAL CORRECTIONS TO SECTIONS 1.24.020, 3.10.020, 5.36.020, 15.60.090, 17.46.070 AND 18.124.070 OF THE NAPA COUNTY CODE. TS-LS-TH-JK-DG

Other Business

19. City Referrals.

NONE

20. Discussion of items for the July 17, 2002 meeting.

CHAIRMAN GRAVES ANNOUNCED HE AND COMMISSIONER HOLZHAUER WILL NOT BE IN ATTENDANCE FOR THE JULY 17, 2002 MEETING.

BON NESLON, SUPERVISING PLANNER, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE JULY 17, 2002 MEETING:

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

STONEY SPRINGS VINEYARDS WINERY/GLENN COOK AND GAYLE SHURTZ - USE PERMIT REQUEST #01148-UP.

20. Continued

FOLIE `a DEUX WINERY– USE PERMIT MODIFICATION REQUEST #00395-MOD.

BOESCHEN VINEYARDS/DANIEL & SUSAN BOESCHEN - WINERY USE PERMIT #02119-UP.

ADMINISTRATIVE ORDINANCE MODIFICATION

21. Commissioner Comments.

CHAIRMAN GRAVES REQUESTED CLARIFICATION REGARDING THE STATUS OF THE URGENCY ORDINANCE.

CHARLEY WILSON, DIRECTOR, CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT RESPONDED INDICATING THERE ARE TWO ACTIONS THAT WILL BE PRESENTED TO THE COMMISSION AND THE BOARD OF SUPERVISORS. THE FIRST ACTION WOULD BE TO EXTEND THE URGENCY ORDINANCE THAT THE BOARD ENACTED, WHICH IS SCHEDULED FOR JULY 23, 2002 AND THE NEXT EXTENSION GOES AN ADDITIONAL 9 MONTHS OR ONE YEAR. THE DEPARTMENT WOULD LIKE TO HAVE THE INTERMEDIATE ORDINANCE ON THE COMMISSION’S AGENDA FOR AUGUST 7, 2002, WHICH WILL INCLUDE STREAM SETBACKS, THE EXCEPTIONS PROVISIONS AND THE WATER MANAGEMENT ZONE CONCEPTS.

CHAIRMAN GRAVES ADVISED HE WILL NOT BE ABLE TO PARTICIPATE IN THIS ITEM DUE TO A CONFLICT OF INTEREST.

COMMISSIONER HOLZHAUER COMMENTED REGARDING THE WINE AUCTION EVENT AND EXPRESSED NEIGHBORHOOD CONCERNS REGARDING THE LACK OF NOTIFICATION FOR A FIREWORKS DISPLAY.

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

SEE ITEM 21.

23. Zoning Administrator actions for June, 2002.

NO DISCUSSION

24. Future Agenda Items.

NO DISCUSSION

Adjournment.

ADJOURNED TO REGULAR CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

MEETING, WEDNESDAY, JULY 17, 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