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.
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
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