MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

 

November 19, 2003

 

 

1.                  Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, NOVEMBER 19, 2003, AT 9:00 A.M.  THE MEETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:00 A.M.

 

2.                  Roll Call.

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

 

 

3.                  Pledge of Allegiance.

MR. BUSBY LED THE SALUTE TO THE FLAG.

 

 

4.                  Citizen Comments and Recommendations.

NONE

 

5.                  Closed Session .

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION   Significant Exposure to Litigation Pursuant to subdivision (b) of Government Code Section 54956.9:  (1 case)

CLOSED SESSION – NOT HELD

 

 

6.                  Approval of Minutes.

THE COMMISSION ACCEPTED MINUTES OF MEETING OF OCTOBER 16 AND OCTOBER 30, 2002.                                     JK-TS-BF-DG-JD

                                                                                                 A    A    A

 

THE COMMISSION APPROVED MINUTES OF MEETING OF AUGUST 20, 2003.

                                                                                    BF-JK-DG-JD-TS

                                                                                                  A    A

 

THE COMMISSION APPROVED MINUTES OF MEETING OF NOVEMBER 4, 2003.

                                                                                    DG-BF-JK-JD-TS

 

THE COMMISSION APPROVED MINUTES OF MEETING OF NOVEMBER 5, 2003.

                                                                                    JD-BF-JK-DG-TS

 


7.                  Agenda Review.

STAFF REQUESTED ITEM 12 - PROPOSED ZONING ORDINANCE AMENDMENT #03175-ORD BE HEARD PRIOR TO ITEM 10.

 

Public Hearings

 

8.                  Items to be decided without additional testimony.

NONE

 

 

9.                  Thomas Weinert / Weinert – Rezoning Request #03298-RZG

California Environmental Quality Act (CEQA) Status:  Categorically Exempt, Class 5, CEQA Guidelines Section 15305 minor changes to Land Use Regulations.

Request:  Adoption of a resolution tentatively approving the rezoning of an 18.84 acre parcel within the unincorporated area of the County from Timber Preserve (TP) to an Agricultural Preserve (AP) zoning district pursuant to Government Code Section 51133.  The project is located on the east side of Big Ranch Road, approximately 800 feet south of its intersection with Garfield Lane. (Assessor’s Parcel #038-180-020) 2130 Big Ranch Road, Napa.

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

 

TENTATIVE ENVIRONMENTAL DETERMINATION:  CATEGORICALLY EXEMPT, CLASS 5.                                                            DG-BF-JK-JD-TS

 

THE COMMISSION, BASED ON FINDINGS 6 THROUGH 8, FORWARDED REZONING REQUEST #03298-RZG TO THE BOARD OF SUPERVISORS WITH A RECOMMENDATION FOR APPROVAL.

                                                                        DG-BF-JK-JD-TS

 

 

10.              David Busby / Napa Valley Gateway, Ltd. - Use Permit Request # 03362-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, population and housing.

Request: Approval to construct a 28,300 single-story office and warehouse building, including a maximum 14,165 square feet of office space.  The concrete tilt-up building will have a cement plaster exterior finish, weathered copper standing seam metal roofs and a 100-space parking lot, located on a 2.2 acre parcel on the east side of Technology Way, approximately 1,000 feet north of its intersection with Airpark Road, within an IP:AC (Industrial Park: Airport Compatibility) zoning district.  (Assessor’s Parcel #057-250-013)

   (HELD CONCURRENTLY WITH ITEM 11)

 


11.              David Busby / Napa Valley Gateway, Ltd. - Tentative Parcel Map Request # 03363-PM

            CEQA Status:  See Item #10.

Request:  Approval to subdivide a proposed 28,330 square foot, single-story warehouse with ancillary office space into 12 industrial condominium units ranging in size from 2,007 to 2,900 square feet in area and one common area parcel, located on the east side of Technology Way, approximately 1,000 feet north of its intersection with Airpark Road, within an IP:AC (Industrial Park: Airport Compatibility) zoning district.  (Assessor’s Parcel #057-250-013)      

            PUBLIC HEARING OPENED  – TESTIMONY PRESENTED

 

THE COMMISSION DECLARED INTENT TO ADOPT ENVIRONMENTAL RECOMMENDATIONS 2 THROUGH 6 AND INTENT TO ADOPT THE MITIGATED NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH INCORPORATED MITIGATION MEASURES AND THE MITIGATION MONITORING AND REPORTING PROGRAM.

                        BF-JK-DG-JD-TS

 

THE COMMISSION DECLARED INTENT TO APPROVE TENTATIVE PARCEL MAP #03363-PM AND USE PERMIT #03362-UP.

                                                                        BF-DG-JK-JD-TS

 

THE COMMISSION REFERRED THE PROPOSAL TO THE NAPA COUNTY AIRPORT LAND USE COMMISSION FOR CONSIDERATION AND CONTINUED THE PUBLIC HEARING TO DECEMBER 17, 2003.

            BF-DG-JK-JD-TS

 

 

12.              Proposed Zoning Ordinance Amendment #03175-ORD amending portions of Chapter 18.106 of the Napa County Code, Viewshed Protection Program to:  incorporate the fees for compliance with CEQA (California Environmental Quality Act); clarify definitions in the ordinance, including which structures are covered; clarify the Ordinance’s relationship to parcel maps and final maps; add a procedure for approval of structures under administrative criteria; add a recordation procedure for a use restriction to ensure program compliance; and, 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, Tubbs Lane, Dunaweal Lane, Larkmead Lane, Old Sonoma Road, Redwood Road and Spring Mountain Road as new designated public roads to the Viewshed Protection Program, and delete Gordon Valley Road and Wooden Valley Road from the Viewshed Protection Program.

CEQA Status:  Categorically Exempt, (Class 8, CEQA Guidelines Section 15308) Action taken by regulatory agency for the protection of the environment.

COMMISSIONER GRAVES RECUSED HIMSELF FROM THIS ITEM DUE TO A CONFLICT OF INTEREST.

 

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED


12.       Continued

 

THE COMMISSION RECOMMENDED THAT THE BOARD OF SUPERVISORS APPROVE CHANGES TO THE VIEWSHED PROGRAM #03175-VIEW AND NOT DELETING GORDON  VALLEY OR WOODEN VALLEY CROSS ROADS FROM THE VIEWSHED PROGRAM.                                                 JK-JD-BF-TS

 

 

13.              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 relating to regulation of groundwater including requirements of hook-up and/or usage of public water/recycled water when available.

CEQA Status:  Categorically Exempt, Class 8 (California Environmental Quality Act (CEQA) Guidelines Section 15308), Action taken by a regulatory agency for the protection of the environment.                             

COMMISSIONER GRAVES RECUSED HIMSELF FROM THIS ITEM DUE TO A CONFLICT OF INTEREST.

 

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

 

THE COMMISSION DIRECTED STAFF TO COORDINATE WITH MIKE ALEXANDER, EXECUTIVE DIRECTOR OF THE NAPA SANITATION DISTRICT, TO PROVIDE A REPORT TO THE COMMISSION EXPLAINING THE DISTRICT’S PROCESS AND THAT EFFORTS BE MADE TO INVITE COUNTRY CLUB REPRESENTATIVES TO THE COMMISSION MEETING DECEMBER 3, 2003.

 

PUBLIC HEARING CONTINUED TO DECEMBER 3, 2003.

                                                                        JK-BF-JD-TS

 

 

14.              HCV Napa Associates, LLC / Edward Schlies, Trust / Montalcino at Napa – Use Permit Request #98177-UP

Request:  Certification of a Final Environmental Impact Report and approval of a revised Use Permit

to construct a 408,184 square foot resort hotel and conference facility including:  1) 379 rooms consisting of 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.  The project site is on 71.77 acres located west of Devlin Road approximately 1,950 feet north of the intersection of Devlin Road and Airport Boulevard within the IP:AC (Industrial Park: Airport Compatibility Combination) zoning district. (Assessor’s Parcel Numbers: 057-020-006, 057-020-017, 057-020-018, 057-020-020, & 057-210-002).  (Continued from November 05, 2003)                                                                                  

PUBLIC HEARING HELD – TESTIMONY PRESENTED


14.       Continued

 

THE COMMISSION DECLARED INTENT TO DENY THE PROJECT AND DIRECTED STAFF TO PREPARE FINDINGS FOR DENIAL OF THE USE PERMIT AND TO NOT ADOPT A STATEMENT OF OVERRIDING CONSIDERATION.

                                                                        JK-DG-BF-JD-TS

                                                                           N         N

 

THE ITEM WAS CONTINUED TO DECEMBER 17, 2003 FOR CONSIDERATION AND ADOPTION OF FINDINGS.

 

 

Other Business

 

15.              City Referrals.

NONE

 

 

16.              Discussion of  items for the December 03, 2003 Meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE DECEMBER 3, 2003 MEETING:

 

BRENT MORGAN PROPERTIES / NAPA VALLEY GATEWAY LIMITED – USE PERMIT REQUEST #03370-UP.

 

LAKE STREET VENTURES / NAPA VALLEY GATEWAY LIMITED – TENTATIVE PARCEL MAP REQUEST #03429-PM AND USE PERMIT REQUEST #03428-UP.                                           

 

SHIFFLETT ESTATE WINERY / ESTATE OF WADE SHIFFLETT, JR. – VARIANCE REQUEST #03333-VAR AND USE PERMIT REQUEST #03331-UP.

 

MADRIGAL VINEYARDS / JESUS MADRIGAL - VARIANCE REQUEST #02171-VAR
USE PERMIT REQUEST #02170-UP.

 

PROPOSED ORDINANCE AMENDMENT REGARDING CAVE SETBACKS #03453-ORD.

 

DISCUSSION REGARDING WHETHER OR NOT WINE TASTING AND WINE SALES ARE APPROPRIATE IN THE COMMERCIAL NEIGHBORHOOD ZONING DISTRICT.

 

17.              Commissioner Comments.

THE COMMISSION RECOGNIZED COMMISSIONER KING AS THE OUTGOING PRESIDENT OF THE CALIFORNIA COUNTY PLANNING COMMISSIONERS ASSOCIATION FOR PUTTING ON A SUCCESSFUL ANNUAL CONFERENCE.


17.       Continued

 

COMMISSIONER KING THANKED ALL THE COMMISSIONERS FOR ATTENDING THE CONFERENCE AND IN PARTICULAR CHAIRMAN SCOTT THE NEW SECRETARY TREASURER OF THE ASSOCIATION.  IN ADDITION, HE THANKED COMMISSIONER GRAVES FOR ASSISTING WITH THE TOUR AND ADDING HIS WISDOM AND EXPERIENCE REGARDING WATERSHED AND CREEK RESTORATION EFFORTS.

 

COMMISSIONER GRAVES COMMENTED ON  RECYCLED WATER AND ADVISED HE HAS FORWARDED THE LATEST WATER CHEMISTRY DATA FROM NAPA SANITATION DISTRICT TO THE COUNTY AGRICULTURAL COMMISSIONER AND THE AGRICULTURAL EXTENSION TO UPDATE WORK THAT WAS DONE 10 YEARS AGO FOR CARNEROS.  THE WORK CONSISTED OF A FEASIBILITY STUDY USING RECYCLED WATER FOR THE IRRIGATION OF GRAPE VINES.  COMMISSIONER GRAVES COMMENTED HE IS HOPING THAT THE TOPIC OF RECYCLED WATER WILL GATHER MOMENTUM, SO THERE WILL BE REAL ANSWERS TO THE SUITABILITY OF TERTIARY TREATED WATER. 

 

 

18.              Directors Report on Board of Supervisors Action.

MR. LEDERER ADVISED OF THE FOLLOWING:

THE BOARD ADOPTED THE FEE RESOLUTION ON NOVEMBER 18, 2003, AND THERE WERE A NUMBER OF PLANNING FEES THAT WERE RAISED AND SOME THAT WERE LOWERED.  WHEN THE RESOLUTION GOES INTO EFFECT, FEES FOR NEW USE PERMITS WILL BE BASED ON A TIME TRACKING BASIS RATHER THAN A FLAT FEE.

THE BOARD FORMALLY CALLED ELECTIONS FOR THE THREE LAND USE INITIATIVES AND DIRECTED STAFF TO PREPARE IMPARTIAL ANALYSES FOR “NAPA SEA RANCH IMPROVEMENT ORDINANCE OF 2004”, “OLD POPE VALLEY MARKET PRESERVATION ORDINANCE OF 2004” AND “OLD POMETTA’S DELI PRESERVATION ORDINANCE OF 2004”.

 

 

19.              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 REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, DECEMBER 3, 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