MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

 

October 1, 2003

 

 

1.                  Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, OCTOBER 1, 2003, AT 9:00 A.M.  THE MEETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:42 A.M.

 

2.                  Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT:  CHAIRPERSON TERRY SCOTT, COMMISSIONERS BOB FIDDAMAN, JIM KING AND JOHN DICKSON.   COMMISSIONER DAVID GRAVES WAS EXCUSED.

 

3.                  Citizen Comments and Recommendations.

NONE

 

 

4.                  Approval of Minutes.

ACCEPTED MINUTES OF MEETING OF MAY 15, 2002.

                                                                        JK-TS-BF-JD-DG

                                                                                                   X

 

 

MINUTES OF THE MEETINGS OF JUNE 5 AND JULY 3, 2002 WERE CONTINUED TO THE OCTOBER 15, 2003 MEETING.

 

 

 

APPROVED MINUTES OF MEETING OF JULY 2, 2003.

                                                                                    JK-BF-DG-JD-TS

                                                                                                   X

 

 

APPROVED MINUTES OF MEETING OF JULY 16, 2002.

                                                                                    JK-BF-DG-JD-TS

                                                                                                  X

 

 

 

5.                  Agenda Review.

NO CHANGES

 

Public Hearings

 

6.                  Items to be decided without additional testimony.

NONE

7.                  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 on affected properties and exemption from said permit requirements.

California Environmental Quality Act (CEQA) Status:  Categorically Exempt, Class 8 (California Environmental Quality Act (CEQA) Guidelines Section 15308).  (Continued from August 06, 2003).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

A MOTION BY COMMISSIONER FIDDAMAN WAS WITHDRAWN.

 

THE COMMISSION RECOMMENDED TO THE BOARD OF SUPERVISORS APPROVAL OF THE PROPOSED ORDINANCE CHANGES.

                                                                         BF-JD-JK-DG-TS

                                                                                              X

 

COMMISSIONER KING REQUESTED HIS COMMENTS BE INCLUDED IN THE STAFF REPORT TO THE BOARD TO REFLECT HIS CONCERNS REGARDING THE PROPOSED ORDINANCE AMENDMENT.  COMMISSIONER KING INDICATED THAT IF THE ORDINANCE IS TO BE EQUITABLE, THEN THE GOLF COURSES NEED TO BE BROUGHT INTO CONFORMANCE EITHER THROUGH TREATED WATER USAGE OR SOME OTHER MECHANISM, AND WITHIN A SPECIFIC PERIOD OF TIME, THEY SHOULD HAVE TO DECREASE THEIR GROUNDWATER USAGE LEVELS TO THE SAME OR SIMILAR LEVELS THAT ARE ALLOWED FOR AGRICULTURE AND RESIDENTIAL.

 

8.                  Markham Vineyards / Legacy Estate Group LLC - Use Permit Modification Request

#03205-MOD

CEQA Status:  Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.  This project site is not on any of the lists of hazardous waste sites enumerated under Government code section 656962.5                                                 
Request:  Approval to modify Use Permit #93006-UP to allow Markham Vineyards, (managing member of the Combined Waste Water Management System (CWMS)), to increase treatment capacity from 9.985 million gallons per year to 16.07 million gallons per year and increase the irrigation application rate without expanding the physical size of the facility.  (The CWMS serves Markham Vineyards, the Wine Country Inn, Freemark Abbey and the Culinary Institute of America.)  The project is located on the northeastern corner of St. Helena Highway and Deer Park Road within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcels #022-200-005, 008, 013, 016, 020 and 025).

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

8.         Continued

 

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

                                                                        BF-JD-JK-DG-TS

                                                                                             X

 

THE COMMISSION APPROVED USE PERMIT MODIFICATION REQUEST #03205-MOD BASED ON FINDINGS 9 THROUGH 13.  THERE ARE NO ADDITIONAL CONDITIONS OF APPROVAL FOR THIS MODIFICATION, AND ALL PREVIOUS CONDITIONS OF APPROVAL ARE IN FORCE AND EFFECT.

                                                BF-JD-JK-DG-TS

                                                                                             X

 

 

9.                  Proposed Zoning Ordinance Amendment #03175-ORD amending portions of Title 18.106 of the Napa County Code, Viewshed Protection Program; to incorporate the fees for compliance with CEQA (California Environmental Quality Act); to clarify definitions in the ordinance; to add Jameson Canyon Road (from State Highway 29 to the Solano County line), American Canyon Road (from Flosden Road to Interstate-80), State Highway 29 in its entirety, Mt. Veeder Road, Lokoya Road, Wall Road, Partrick Road as new roads to the Program and delete Gordon Valley Road and Wooden Valley Road from the Program.

CEQA Status:  Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

THE COMMISSION RECOMMENDED TO THE BOARD OF SUPERVISORS APPROVAL OF CHANGES TO THE VIEWSHED PROTECTION PROGRAM WITHOUT DELETING WOODEN VALLEY ROAD OR GORDON VALLEY ROAD.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

                                                                        JD-BF-JK-DG-TS

                                                                                                         X

 

 

Other Business

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

10.              City Referrals.

            NONE

 

 

11.              Discussion of items for the October 15, 2003 meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE OCTOBER 15, 2003 MEETING:

 

FINKLESTEIN USE PERMIT REQUEST #03274-UP.

 

NEAL USE PERMIT MODIFICATION REQUEST #03297-MOD TO INCREASE WINE PRODUCTION.

 

11.       Continued

 

THE NAPA VALLEY CHRISTMAS TREE FARM LOCATED ON BIG RANCH ROAD IS REQUESTING (#03298-RZG) TO REZONE THE PARCEL FROM TIMBER PRESERVE TO AGRICULTURAL PRESERVE.

 

PRESENTATION BY HOWARD SIEGEL, COMMUNITY PARTNERSHIP MANAGER, REGARDING COUNTY HOUSING ISSUES AND THE PROCESS ASSOCIATED WITH THE NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG).

 

PRESENTATION BY KATE DARGAN, NAPA COUNTY FIRE MARSHALL, REGARDING CURRENT ACTIVITIES IN LOCAL FIRE.

 

DISCUSSION AND PREPARATION FOR UPCOMING JOINT MEETING WITH THE BOARD OF SUPERVISORS.

 

 

12.              Commissioner Comments.

COMMISSIONER KING COMMENTED THAT HE ATTENDED THE NAPA CITY COUNCIL MEETING SEPTEMBER 30, 2003, AND HOWARD SIEGEL, COMMUNITY PARTNERSHIP MANAGER, GAVE A PRESENTATION REGARDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NAPA AND THE COUNTY OF NAPA.

 

CHAIRMAN SCOTT RECOMMENDED THAT ALL COMMISSIONERS, TO THE EXTENT POSSIBLE, VISIT THE SITE OF EVERY APPLICATION THAT COMES BEFORE THE COMMISSION THAT IS NOT A MINISTERIAL DECISION.   SITE VISITS CLARIFY THE ISSUES THAT COME BEFORE THE COMMISSION IN THE FORM OF GRAPHS, SLIDES AND WRITTEN REPORTS.  HE FURTHER INDICATED THE COUNTY REIMBURSES FOR MILEAGE.

 

COMMISSIONER KING COMMENTED THAT AT VARIOUS TIMES THERE HAVE BEEN MEMBERS FROM THE COMMISSION AND BOARD OF SUPERVISORS WHO DID NOT WANT TO HAVE VISIT THE SITES PRIOR TO THE PUBLIC HEARING PROCESS.    APPROXIMATELY ONE YEAR AGO, COUNTY COUNSEL PROVIDED COMMISSIONER KING WITH LEGAL GUIDELINES ASSOCIATED WITH VISITING SITES PRIOR TO COMMISSION MEETINGS.  

 

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, AND LAURA ANDERSON, DEPUTY COUNTY COUNSEL, COMMENTED THAT AS A QUASI JUDICIAL BODY THE COMMISSION CAN ONLY MAKE DECISIONS BASED ON THE RECORD BEFORE THEM AND THE TESTIMONY PROVIDED DURING THE PUBLIC HEARING PROCESS.    COMMISSIONERS MUST DISCLOSE ANY INFORMATION GATHERED FROM A SITE VISIT TO THE FULL COMMISSION IF THE INFORMATION WILL BE USED AS PART OF THEIR DECISION MAKING PROCESS.   STAFF FURTHER ADVISED THAT IF THERE WAS A CONVERSATION BETWEEN A COMMISSIONER AND AN APPLICANT OR NEIGHBOR, THAT THE COMMISSIONER REQUEST THE PARTIES TO THE CONVERSATION PROVIDE THEIR COMMENTS DURING THE PUBLIC HEARING PROCESS.


 

12.       Continued

 

COMMISSIONER FIDDAMAN COMMENTED THAT HE PREFERS TO CONDUCT HIS SITE VISITS WITHOUT THE APPLICANTS OR NEIGHBORS BEING PRESENT.

 

COMMISSIONER KING REQUESTED AN UPDATE REGARDING COMMISSIONER MEMBERSHIP FOR THE AMERICAN PLANNING ASSOCIATION (APA).

 

MR. LEDERER RESPONDED THAT HE WILL LOOK INTO THE MATTER.

 

13.              Zoning Administrator action for September 2003.

COMMISSIONER FIDDAMAN REQUESTED CLARIFICATION ON THE REQUEST FROM VINEYARD 29 TO HOLD A GRAND OPENING. 

 

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, RESPONDED THAT BASED ON LETTERS OF CONCERN FROM CALTRANS, THE CALIFORNIA HIGHWAY PATROL AND THE FIRE DEPARTMENT, THE ITEM WAS CONTINUED IN ORDER TO ALLOW THE APPLICANT AN OPPORTUNITY TO DISCUSS THE CONCERNS OF EACH ENTITY.    FOLLOWING DISCUSSIONS WITH EACH ENTITY, THE REQUEST TO HOLD THE GRAND OPENING WAS WITHDRAWN.

 

 

14.              Directors Report on Board of Supervisors Action.

MR. LEDERER ADVISED THE BOARD OF SUPERVISORS WILL BE HOLDING A STUDY SESSION REGARDING THE BROWN ACT IN THE AFTERNOON OF A REGULARLY SCHEDULED PLANNING COMMISSION MEETING SOME TIME IN NOVEMBER OR DECEMBER.  

 

 

15.              Discuss / prepare for proposed upcoming meeting with the Board of Supervisors.

MR. LEDERER UPDATED THE COMMISSION IN REGARD TO THE SCHEDULING OF THE JOINT MEETING WITH THE BOARD OF SUPERVISORS AND INDICATED THE JOINT MEETING WILL BE HELD THE FIRST OR SECOND WEEK IN JANUARY 2004.   HE ALSO INDICATED THAT WITHIN THE NEXT COUPLE OF WEEKS, THE PLANNING DEPARTMENT WILL RECEIVE A LETTER FROM THE COUNTY EXECUTIVE OFFICE EVALUATING THE POSSIBILITIES OF IMPLEMENTING THE ITEMS DISCUSSED DURING THE PREVIOUS JOINT MEETING, WHICH INCLUDED THE DESIGN REVIEW COMMITTEE, CHANGES TO THE WINERY DEFINITION ORDINANCE AND ENFORCEMENT ISSUES.

 

COMMISSIONER FIDDAMAN INQUIRED WHETHER OR NOT THE ENFORCEMENT PRESENTATION HAD BEEN GIVEN TO THE BOARD OF SUPERVISORS.

 

STAFF RESPONDED THAT THE PRESENTATION REGARDING ENFORCEMENT WILL OCCUR ON OCTOBER 21, 2003.

 

16.              Future Agenda Items.

 

·        Compliance Reviews (#02339-UP, February 04, 2004) (#02362-MOD, March 17, 2004) (#02082-UP, 1  Year After Opening)

NOT DISCUSSED

 

 

Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, OCTOBER 15, 2003 AT 9:00 A.M.

 

 

                                                                       

 

           

            TERRY SCOTT, Chairperson

 

ATTEST:         CHARLES WILSON, Secretary-Director

 

           

MICHELLE PRICE, Deputy Secretary           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                               

Key

Vote:    DG = David Graves; JD = John Dickson; TS = Terrence Scott; BF = Bob Fiddaman; JK = Jim King

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