MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

July 16, 2003

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE

COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, JULY 16, 2003

AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:05 A.M.

2. Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT: CHAIRPERSON TERRY SCOTT,

COMMISSIONERS BOB FIDDAMAN, JIM KING, AND DAVID GRAVES.

3. Pledge of Allegiance.

BOB NELSON, SUPERVISING PLANNER, LED THE SALUTE TO THE FLAG.

4. Citizen comments and recommendations.

NONE

5. Approval of minutes.

APPROVED MINUTES OF MEETING OF MARCH 6, 2002.

JK-DG-BF-TS

A

6. Agenda Review.

NO CHANGES

Public Hearings

7. Items to be decided without additional testimony.

ITEM 14

8. Signorello Winery / Res Inc. & Walrus Inc. – Use Permit Request #02269-MOD

California Environmental Quality Act (CEQA) Status: Categorically Exempt (class 3).

Request: Approval to modify Use Permit #U-587879 to add a 325 square foot kitchen and storage area within the existing winery building with no change in existing total square footage and add a marketing plan with 12 events per year with a maximum of 20 people per event, located on a ±56.59 acre parcel on the east side of Silverado Trail approximately 809 feet southeast of its intersection with Oak Knoll Avenue within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #039-400-080) 4500 Silverado Trail, Napa. (Continued from May 7, and June 04, 2003).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

ENVIRONMENTAL DETERMINATION: THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO CLASS 3 - NEW SMALL FACILITIES; CEQA GUIDELINES SECTION 15303. BF-DG-JK-TS

THE COMMISSION APPROVED THE MODIFICATION OF USE PERMIT #02269-MOD BASED ON FINDINGS 9 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL

1 THROUGH 10, AS AMENDED.

BF-DG-JK-TS

9. Keever Winery / William & Olga Keever Trust Etal - Variance Request #02586-VAR

CEQA Status: See Item #10.
Request: Approval of a Variance to the winery road setback requirements set forth in Section 18.104.230 (B) of the County Code to allow both a new winery building to encroach ±210 feet and an existing 1,504 square foot barn (proposed to become a wine storage building) to encroach ±85 feet into the required 300 foot setback for private roads, located on a 21.11 acre parcel on the east side of Vineyard View Drive approximately 1 1/4 miles northwest of its intersection with Solano Avenue within an AW/AP (Agricultural Watershed / Agricultural Preserve) split zoning district. (Assessor’s Parcel # 034-150-016) 11 Vineyard View Drive, Napa.

(Continued from June 04, and July 02, 2003)

(HELD CONCURRENTLY WITH ITEM 10)

10. Keever Winery / William & Olga Keever Trust Etal – Use Permit Request #02587-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 areas: aesthetics, geology and traffic.
Request: Approval of a Use Permit to establish a new 20,000 gallon per year winery that includes: (1) removing an existing ±8,000 square foot barn/stable building, constructing a 3,296 square foot new winery building, converting an existing 1,504 square foot barn/garage to a wine storage building, and excavating 2,500 square feet of cave for a winery totaling 7,300 square feet;

(2) installing a 2,674 square foot covered crush pad; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to one custom producers utilizing 25% (5,000 gallons per year) of the total approved winery production capacity; (4) one full-time and two part-time employees; (5) five of parking spaces; (6) tours and tasting by appointment only with a maximum of eight visitors per day and 40 visitors per week; (7) a marketing plan with 24 private promotional food and wine events per year with a maximum of 20 people per event, two open house events per year with a maximum of 40 people per event, and two wine auction events per year with a

10. Continued

maximum of 150 people per event; (8) construction of an engineered pressure distribution septic system for a reserve area requiring a permit; located on 21.11 acre parcel on the east side of Vineyard View Drive approximately 1 1/4 miles northwest of its intersection with Solano Avenue within an AW/ AP (Agricultural Watershed / Agricultural Preserve) split zoning district. (Assessor’s Parcel # 034-150-016) 11 Vineyard View Drive, Napa. (Continued from June 04, and July 02, 2003).

PUBLIC HEARINGS OPENED – TESTIMONY PRESENTED

PUBLIC HEARINGS CONTINUED TO AUGUST 20, 2003.

DG-BF-JK-TS

11. Lede Vineyards / S. Anderson Winery / S. Anderson Vista, Inc. - Variance Request

#02605-VAR
CEQA Status: See Item #12.

Request: Approval of a Variance to the winery road setback requirements set forth in Section 18.104.230 (B) of the County Code to allow a winery building to encroach 225 feet into the required 300 foot setback for private roads on a ±26.86 acre parcel on the southeasterly side of Yountville Cross Road approximately 1,800 feet from its intersection with Silverado Trail within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel # 031-230-013) 1473 Yountville Cross Road, Yountville. (Continued from June 04, 2003).

(HELD CONCURRENTLY WITH ITEM 12)

12. Lede Vineyards / S. Anderson Winery / S. Anderson Vista, Inc. – Use Permit Request

#02606-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 areas: aesthetics, cultural resources, noise, and

transportation/traffic.
Request: Approval to modify Use Permit #U-438687 by demolishing the existing tasting room structure and remodeling and expanding an existing residence to 3,600 square feet to include the relocated winery tasting room, a retail salesroom, storage areas, offices, and restrooms for a winery totaling 26,900 square feet and: (1) construct a new 25 space paved parking lot and bus parking area for a total of 35 parking spaces; and, (2) make road access improvements to the new parking lot from Yountville Cross Road including a left turn lane that comply with the County’s road design standards. No increase in the approved 30,000 gallons per year production capacity; employees, visitors or other improvements is proposed. The project is located on 26.86 acre parcel on the southeasterly side of Yountville Cross Road approximately 1,800 feet from its intersection with Silverado Trail within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel # 031-230-013) 1473 Yountville Cross Road, Yountville. (Continued from June 04, 2003).

PUBLIC HEARINGS HELD – TESTIMONY PRESENTED

12. Continued

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

N

THE COMMISSION APPROVED VARIANCE #02605-VAR BASED ON FINDINGS PRESENTED DURING THE PUBLIC HEARING, SPECIAL CIRCUMSTANCES AND PRESERVATION AND ENJOYMENT OF SUBSTANTIAL PROPERTY RIGHTS. BF-JK-DG-TS

N

THE COMMISSION APPROVED USE PERMIT #02606-UP BASED ON FINDINGS 18 THROUGH 23, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 19, AS AMENDED BY STAFF. JK-BF-DG-TS

N

13. Napa Cultured Stone Plant Expansion / Syar Industries, Inc. – Use Permit Major Modification Request #03073-MOD

CEQA Status: Categorically Exempt. Class 1, Existing Facilities and Class 2, Replacement and Reconstruction.
Request: Approval of a Major Modification to the Napa Cultured Stone Plant Use Permit

(#U-717778) to expand the facility (now located on Assessor’s Parcel #057-110-070) onto two adjoining lots and to convert the existing truck terminal facility (Use Permit #97426) located on the two adjoining lots into a paved pallet storage area including: 1) a truck loading area; 2) plant vehicle and forklift maintenance within the existing 4,000 square foot shop building; 3) a distribution center office within the existing 2,680 square foot office building; 4) establish a 150 foot development setback from Fagan Creek, located on two parcels totaling 11.91-acres on the north side of Tower Road approximately 425 feet west of Napa Vallejo Highway 29 within an GI:AC (General Industrial: Airport Compatibility Combination) zoning district. (Assessor’s Parcel #057-110-018 & #057-110-019) 200 and 260 Tower Road, Napa.

PUBLIC HEARING OPENED - TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO AUGUST 6, 2003.

BF-JK-DG-TS

X

14. J. P. Rossi Properties, LLC – Use Permit Request #03190-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 areas: traffic, housing, light and glare.
Request: Approval to construct a 25,360 square foot single-story office and warehouse building divided into a maximum of five tenant spaces including a maximum of 4,200 square feet of office space with a decorative stucco exterior finish, standing seam metal roofing, and a 38-space parking lot, located on a 1.63-acre parcel on the west side of Napa-Vallejo Highway approximately 280 feet north of its intersection with Tower Road within the IP:AC (Industrial Park: Airport Compatibility Combination) zoning district. (Assessor’s Parcel #057-110-015) 120 Tower Road, Vallejo. (Recommendation of approval)

PUBLIC HEARING OPENED - NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO AUGUST 6, 2003, WITH INTENT TO APPROVE USE PERMIT #03190-UP. JK-BF-DG-TS

15. Montalcino At Napa / Edward Schiles, Trustee – Use Permit Request #98177-UP

CEQA Status: The following chapters of the Montalcino at Napa Draft EIR have been revised and recirculated: project description, traffic and circulation, biological resources, cultural resources. The public comment period on the Recirculated Draft EIR runs from July 1, 2003 through August 14, 2003. The proposed project will result in significant and unavoidable impacts in the areas of: traffic and circulation, growth inducement, air quality, biological resources, archeological resources, water treatment and delivery. These impacts are determined to be significant and unavoidable and cannot be mitigated to less-than-significant levels. In addition, the project could result in significant impacts, unless suitable mitigation measures are implemented, in the areas of: Land use and planning, traffic and circulation, air quality, hydrology, biological resources, cultural resources, and community services.

Request: Receive public comments on a Recirculated Draft Environmental Impact Report pertaining to a revised Use Permit proposal to construct a 408,184 square foot resort hotel and conference facility including: 1) a 379 room hotel including 358 guest rooms and 21 villa suites; 2) a 52,380 square foot conference facility with a maximum occupancy of 1,000 attendees; 3) two restaurants, a bar, and a deli with a combined seating capacity of 450; 4) a 5,682 square foot special events building; 5) a 15,287 square foot spa and fitness facility; 6) one outdoor swimming pool; 7) four outdoor tennis courts; 8) 1,045 parking spaces; and, 9) widening of Devlin Road to four lanes between Soscol Ferry Road to the southeastern corner of the project site for a distance of approximately 5,800 feet, located west of Devlin Road approximately 1,950 feet north of the intersection of Devlin Road and Airport Boulevard. (Assessor’s Parcel Numbers: 057-020-006, 057-020-017, 057-020-018, 057-020-020, & 057-210-002)

PUBLIC HEARING HELD

THE COMMISSION RECEIVED PUBLIC COMMENT ON THE MONTALCINO AT NAPA RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT.

NO ACTION TAKEN

Other Business

16. City Referrals.

NONE

17. Discussion of items for the August 6, 2003 meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WOULD BE DISCUSSED AT THE AUGUST 6, 2003 MEETING:

NAPA CULTURED STONE PLANT EXPANSION / SYAR INDUSTRIES, INC. – USE PERMIT MAJOR MODIFICATION REQUEST #03073-MOD.

BOUCHAINE VINEYARDS, INC. / CIT COMMUNICATIONS FINANCE CORPORATION - USE PERMIT MODIFICATION REQUEST #03092-MOD.

ROSSI DEVELOPMENT / J.P. ROSSI PROPERTIES, LLC – TENTATIVE PARCEL MAP REQUEST #03029-PM AND USE PERMIT REQUEST #03190-UP.

PROPOSED ORDINANCE AMENDMENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA AMENDING CHAPTERS 13.15, 15.08, 18.124 AND 18.128 OF THE NAPA COUNTY CODE ESTABLISHING PERMIT REQUIREMENTS FOR THE EXTRACTION AND USE OF PUMPED GROUNDWATER AS A WATER SOURCE.

PROPOSED ORDINANCE #03109-ORD MAKING TECHNICAL CORRECTIONS TO SECTIONS 18.12.010, 18.104.230, 18.104.305 AND 18.140.050 AND AMENDING SECTIONS 18.104.270, 18.116.020 AND 18.124.120 OF THE NAPA COUNTY CODE RELATING TO STANDARDS AND PERMITS FOR FENCES, SIGNS FOR AGRICULTURAL PARCELS, SETBACKS FOR WINERIES LOCATED IN OPEN SPACE AREAS, AND REVOCATION OF USE PERMITS DUE TO ABANDONMENT OF USE.

ADMINISTRATIVE CHANGES TO VIEWSHED ORDINANCE WITH DISCUSSION ON ADDING ADDITIONAL ROADS.

OWENS CORNING / NAPA CULTURED STONE PLANT EXPANSION – AIRPORT LAND USE COMPATIBILITY DETERMINATION (ALU-153).

AIRPORT LAND USE COMMISSION WILL BE MEETING.

J. P. ROSSI PROPERTIES, LLC. – USE PERMIT REQUEST #03190-UP.

PACIFIC UNION COLLEGE / PRESIDENT’S HOUSE – AIRPORT LAND USE COMPATIBILITY DETERMINATION (ALU-155).

18. Commissioner Comments.

THE COMMISSION WOULD LIKE TO HAVE A DISCUSSION TO REVISIT THE ORDINANCE REGARDING VARIANCES ON EXISTING STRUCTURES.

19. Director’s report on Board of Supervisors’ actions.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED:

DEL DOTTO WAS SETTLED OUTSIDE OF THE BOARD OF SUPERVISORS’ (BOS) HEARING. BOTH SIDES WITHDREW THEIR APPEALS.

BOARD OF SUPERVISORS DISCUSSED MARKETING STANDARDS FOR WINERIES.

KATHRYN HALL WINERY DECISION WAS UPHELD BY THE BOS.

20. Future agenda items.

NONE

Adjournment.

ADJOURNED TO REGULAR CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION MEETING, WEDNESDAY, AUGUST 6, 2003 AT 9:00 A.M.

_________________________________

TERRY SCOTT, Chairperson

ATTEST: CHARLES WILSON, Secretary-Director

__________________________________

SHERRY VATTUONE, Deputy Secretary

Key

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