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
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.
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.
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.
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.
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