MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

 

February 5, 2003

 

1.                  Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, FEBRUARY 5, 2003, AT 10:34 A.M.

                      

 

2.                  Roll Call.

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

 

 

3.                  Citizen Comments and Recommendations.

NANCY CELIENO REQUESTED CLARIFICATION ON THE ORDER OF THE MEETING.

 

 

4.                  Approval of Minutes.

NONE

 

 

5.                  Agenda Review.

STAFF RECOMMENDS ITEM 7 – DEL DOTTO WINERY/ERICKSON PROPERTIES, INC. USE PERMIT REQUEST #02082-UP BE CONTINUED TO FEBRUARY 19, 2003.

 

 

Public Hearings

 

 

6.                  Items to be decided without additional testimony.

(SEE ITEM 7)

 

 

7.                  Del Dotto Winery / Erickson Properties, Inc. - Use Permit Request #02082-UP

California Environmental Quality Act (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:  traffic, historic resources, and aesthetics.


7.         Continued

           
Request:  Approval of a Use Permit to establish a 48,000 gallon per year winery including:  (1) a new 15,454 square foot winery building with 8,450 square feet of caves for a winery totaling 23,904 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to six custom producers utilizing 21% (10,000 gallons per year) of the total approved winery production capacity; (3) four full-time and one part-time employees; (4) 200 visitors per week; (5) 20 parking spaces; (6) tours and tastings by appointment only; (7) a marketing plan with 20 annual marketing events with a maximum of 50 people, 13 annual wine dinners with a maximum of 20 people, and 1 annual customer party with a maximum of 100 people; (8) an entry structure, and (9) a left-hand turn lane on St. Helena Highway, located on an 11.1 acre parcel at the southwest corner of St. Helena Highway and West Zinfandel Lane, approximately one mile south of the City of St. Helena within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcel #027-160-046)  1291 West Zinfandel Lane, St. Helena.  (Continued from November 06, December 04, 2002 and January 15, 2003)

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

PUBLIC HEARING CONTINUED TO FEBRUARY 19, 2003.

JK-LS-BF-TS-DG     

                       

 

8.                  Borge, Lorna Jeanne - Use Permit Request #02339-UP

CEQA Status:  Mitigated Negative Declaration Prepared.  According to the Mitigated Negative Declaration, the proposed project would, if mitigation measures are not included, have potentially significant environmental impacts in the following areas:  hydrology and noise.
Request: Approval of a Use Permit to establish a Public Kennel to use an existing 960 square foot building for the Kennel initially and construct a 1,920 square    foot kennel building in the year 2007 for a maximum of 2,800 square feet and a maximum limit of 25 boarding animals located on an 8.52 acre parcel on the north side of Hagen Road ± 1,400 feet east of its intersection with Silverado Trail within an RC (Residential Country) zoning district (Assessor’s Parcel #049-190-003) 1136 Hagen Road, Napa.

(Continued from January 15, 2003).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM.

                                                                        JK-LS-BF-TS-DG

                                                                                                

THE COMMISSION APPROVED USE PERMIT #02339-UP, BASED ON FINDINGS 6 THROUGH 15, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18, AS AMENDED.                                                            JK-LS-BF-TS-DG

 


9.                  Stephens Winery/D. R. Stephens Trust– Use Permit Request #02357-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 area:  parking.  
Request:  Approval of a Use Permit to establish a new 12,000 gallon per year winery with:  (1) construction of a 13,516 square foot winery building (mostly below grade) with no caves for a winery totaling 13,516 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for two custom producers utilizing 3,600 gallons per year of the total approved winery production capacity; (3) two full-time and two part-time employees; (4) sixty visitors per week; (5) ten parking spaces; (6) tours and tasting by appointment only; and, (7) a marketing plan with 12 private tastings with meals per year with a maximum of 30 guests and                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               two wine release events per year with a maximum of 100 guests, located on a 33.80 acre parcel on the south side of Howell Mountain Road approximately one mile east of its intersection with Silverado Trail, within an AW (Agricultural Watershed) zoning district.  (Assessor’s Parcel #025-130-005) 1860 Howell Mountain Road, 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 INCORPORATED MITIGATION MEASURES AND THE MITIGATION MONITORING AND REPORTING PROGRAM.                                 LS-TS-JK-BF-DG

                                                                                                

THE COMMISSION APPROVED USE PERMIT #02357-UP BASED ON FINDINGS 7 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 22.

                                                             LS-JK-TS-BF-DG

 

 

10.              Lail Vineyards LLC (Winery) / Lail Trust – Use Permit Request #02501-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 area:  parking.      
Request:  Approval of a Use Permit to establish a new 12,000 gallon per year winery with: (1) 4,500 square feet of building and 11,000 square feet of cave area for a winery totaling 15,500 square feet; (2) no custom crushing activities; (3) two full-time and one part-time employees; (4) ten visitors per week; (5) seven parking spaces; (6) tours and tasting by appointment only; (7) a marketing plan with 12 marketing activities per year with a maximum of 30 guests per event, two major marketing events per year with a maximum of 100 people per event, and a one-time “Grand Opening” event with a maximum 100 guests, located on a 20.13 acre parcel at the terminus of Stone Ridge Road approximately 1,700 feet from its intersection with West Lane and White Cottage Road within an AW (Agricultural Watershed) zoning district. 

(Assessor’s Parcel #024-450-005) 320 Stone Ridge Road, Angwin.   

PUBLIC HEARING HELD – TESTIMONY PRESENTED


10.       Continued

 

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH INCORPORATED MITIGATION MEASURES AND THE MITIGATION MONITORING AND REPORTING PROGRAM.                                                         JK-TS-BF-LS-DG

                                                                                                

THE COMMISSION APPROVED USE PERMIT #02501-UP, BASED ON FINDINGS 7 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 22 , AS AMENDED.                                                           JK-TS-BF-LS-DG

 

 

11.              Nemerever Winery / William & Virginia Nemerever – Use Permit Request #02510-UP

CEQA Status:  Negative Declaration Prepared.  According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.      
Request:  Approval of a Use Permit to establish a new 10,000 gallon per year winery with: (1) the conversion of an existing 3,888 square foot barn and the excavation of 3,356 square feet of cave area for a winery totaling 7,244 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for two custom producers utilizing 2,000 gallons per year of the total approved winery production capacity; (3) one full-time employee and five part-time employees at crush; (4) 24 visitors per week; (5) four parking spaces; (6) tours and tasting by appointment only; (7) a marketing plan with five marketing activities per year with a maximum of ten guests per event and one major catered marketing event per year with a maximum of 30 guests; and, (8) a special design sewage treatment system, located on a 10.08 acre parcel on the south side of Oakville Cross Road approximately 1.7 miles east of its intersection with State Highway 29, within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcel #031-070-028) 711 Oakville Cross Road, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

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

                                                                        TS-LS-BF-JK-DG

                                                                                                

THE COMMISSION APPROVED USE PERMIT #02510-UP BASED ON FINDINGS 7 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 21.    

                                                            TS-LS-BF-JK-DG


 

12.              Laird Family Estate (Winery) Existing Use Permit # 97526-UP

The Planning Department requests the Commission to review the actual lighting at the Laird facility and determine whether it satisfies the exterior lighting condition of Approval of the Winery Use Permit.  (Assessor’s Parcel #035-031-031) 5055 Solano Avenue, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

THE COMMISSION  DETERMINED THAT THE BUILDING LIGHTS AND TREE LIGHTS ARE NOT IN COMPLIANCE WITH CONDITIONS AS PRESENTED AND AUTHORIZED STAFF TAKE ACTION TO HAVE THESE PARTICULAR LIGHTS DIRECTED DOWNWARD AND CLOSE TO THE GROUND WITH AN ABSOLUTE COMPLIANCE DATE OF MARCH 31, 2003.

                                                LS-DG-JK-TS-BF

                                                                                 N           

         

 

Other Business

 

13.              City Referrals.

NONE

 

 

14.              Recommend to the Board of Supervisors that Larry Schoenke be the appointee to the Napa County Wildlife Commission.

COMMISSIONER KING NOMINATED COMMISSIONER SCHOENKE TO BE APPOINTED TO THE NAPA COUNTY WILDLIFE COMMISSION.  

                                                                        JK-BF-TS-DG

 

COMMISSIONER SCHOENKE DECLINED THE NOMINATION DUE TO TIME CONSTRAINTS. 

 

COMMISSIONER KING RESCINDED HIS MOTION.

 

CHAIRMAN GRAVES  COMMENTED THAT HE WOULD BE HAPPY TO SERVE ON THE NAPA COUNTY WILDLIFE COMMISSION ONCE HIS TERM AS CHAIRMAN HAS CONCLUDED IN MARCH.

 

THIS ITEM WAS CONTINUED TO ALLOW FOR A NEW RECOMMENDATION.


 

15.              Discussion of items for the February 19, 2003 Meeting.

BOB NELSON, SUPERVISING PLANNER, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE FEBRUARY 19, 2003 MEETING:

 

DEL DOTTO WINERY / ERICKSON PROPERTIES, INC. – USE PERMIT REQUEST #02082-UP.

LAB BY DESIGN / MARY KAY KALTREIDER – NAPA VALLEY GATEWAY LIMITED–USE PERMIT REQUEST #02448-UP.

KATHRYN HALL WINERY / 199 RUTHERFORD ASSOCIATES, LTD. - USE PERMIT MODIFICATION REQUEST #02423-MOD.

VIEWSHED ORDINANCE AMENDMENTS.

 

 

16.              Commissioner Comments.

MR. NELSON, AS A FOLLOW UP TO COMMISSIONER COMMENTS FROM LAST MEETING, REQUESTED CLARIFICATION ON THE DETAILS THE COMMISSION WOULD LIKE INCLUDED IN THE SUMMARY LIST OF COMMISSIONER ACTIONS.  CURRENTLY, THE LIST INCLUDES THE NUMBER OF USE PERMITS AND USE PERMIT MODIFICATIONS.

 

THE COMMISSION REQUESTED A BREAKDOWN OF WHICH USE PERMITS ARE WINERIES, THE GALLONS BY USE PERMIT, TOTAL GALLONAGE, THE SQUARE FOOTAGE.  IN ADDITION, THE COMMISSION WOULD LIKE TO KNOW WHETHER OR NOT BUILDING PERMITS WERE ISSUED FOR CONSTRUCTION.

 

COMMISSIONER SCHOENKE PUBLICLY THANKED HIS WIFE FOR TALKING HIM OUT OF RESIGNING FROM THE PLANNING COMMISSION.  

COMMISSIONER GRAVES THANKED COMMISSIONER SCHOENKE FOR HIS SPIRIT OF PUBLIC SERVICE.

COMMISSIONER FIDDAMAN REQUESTED THE  STATUS OF THE BOARD OF SUPERVISORS RETREAT. 

 

MR. NELSON ADVISED THAT THE COMMISSION WILL BE REQUESTED TO DEVELOP A LIST OF TOPICS TO BE DISCUSSED AT THE BOARD RETREAT ONCE IT IS SCHEDULED.


17.              Directors Report on Board of Supervisors Action.

PATRICK LYNCH, ASSISTANT PLANNING DIRECTOR, REPORTED THE FOLLOWING:

THE BOARD IS CURRENTLY DISCUSSING THE ISSUE  RELATED TO THE HOWELL MOUNTAIN WATER DISTRICT AND THE FAILURE THAT OCCURRED AT FRIESEN LAKE.  THE PLANNING DEPARTMENT WILL  REPORT THEIR RECOMMENDATIONS TO THE BOARD TO RESOLVE THE MATTER.   

THE BOARD IS  DISCUSSING THE ONGOING ISSUE RELATED TO THE STREAM SETBACK ORDINANCE AND ITS IMPACT ON THE PLANNING DEPARTMENT.  THE NEXT HEARING IS SCHEDULED FOR THE MARCH 11, 2003 BOARD OF SUPERVISORS’ MEETING.

MR. LYNCH THANKED THE COMMISSION FOR DISCUSSING THE SUBJECT OF CODE ENFORCEMENT EARLIER IN THE MEETING.  HE ADVISED THAT THERE WILL BE FUTURE DISCUSSIONS REGARDING LANGUAGE  USED IN THE CONDITIONS OF APPROVAL FOR USE PERMITS TO ASSIST PLANNING STAFF WITH CODE ENFORCEMENT.

 

 

18.              Zoning Administrator Actions for January 2003.

NOT DISCUSSED

 

19.              Future Agenda Items.

            NOT DISCUSSED

 

 

Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, FEBRUARY 19, 2003 AT 9:00 A.M.

 

 

 


DAVID GRAVES, Chairperson

 

ATTEST:                     CHARLES WILSON, Secretary - Director

 

 


MICHELLE PRICE, Deputy Clerk

 

 

                                   

Key

Vote:    JK = Jim King; BF = Bob Fiddaman; 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