MINUTES OF THE MEETING
OF THE
CONSERVATION,
DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
January 21, 2004
1.
Call to Order.
THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN
REGULAR SESSION, WEDNESDAY, JANUARY 21, 2004, AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR
SCOTT AT 9:03 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.
THE SALUTE TO THE FLAG WAS HELD.
4.
Citizen Comments and Recommendations.
NONE
5.
Approval of Minutes.
APPROVED
MINUTES OF MEETING OF DECEMBER 3, 2003.
BF-JD-JK-DG-TS
6. Agenda Review.
AGENDA REVIEWED.
Public
Hearings
7.
Items to be decided without additional testimony.
SEE
ITEMS 8, 9 AND 17.
8.
Adoption of Final
Commission Meeting Agenda 2004.
ADOPTED FINAL COMMISSION MEETING AGENDA.
DG-BF-JK-JD-TS
9.
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.
California
Environmental Quality Act (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.
(Continued from November 19, December 03, 2003, January 07, 2004, and to
be continued to March 17, 2004)
PUBLIC HEARING CONTINUED TO MARCH 17, 2004.
DG-BF-JK-JD-TS
10.
Robert W. Long /
Long Family Partner Ltd. / Two Rock Winery – Viewshed Request #03176-VIEW
CEQA Status: See Item # 11.
Request: Review and approval
under the Viewshed Protection Program to construct a 25,000 square foot
winery with an outdoor covered crush pad on a major ridgeline as defined in
18.106.020 located on a 46.66 acre parcel on a private road on the south side
of Sage Canyon Road, approximately 2.3 miles southwest of the its intersection
with Sage Canyon Road within an AW (Agricultural Watershed) zoning
district.
(Assessor’s
Parcel # APN 030-220-026).
(Continued from October 15, December 17, 2003, and January 07, 2004)
(HELD CONCURRENTLY WITH ITEM 11)
11.
Robert W. Long /
Long Family Partner Ltd. / Two Rock Winery – Use Permit Request #02157-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, hydrology & water quality, noise
and transportation/traffic.
Request: Approval of a Use Permit to
establish a new 50,000-gallon per year winery with: (1) a 4,000 square
foot building for fermentation and bottling, crusher and press; a
2,400 square foot accessory building for office areas, wine laboratory and
storage; and 18,600 square feet of existing caves for barrel storage and
marketing activities for a winery totaling 25,000 square feet; (2) a
550 square foot covered crush pad area; (3) custom crushing activities
(crushing, fermentation, barrel aging and bottling) for up to five custom
producers utilizing 60% (30,000 gallons per year) of the total approved winery
production capacity; (4) two full-time employees with two additional
part-time employees during crush and bottling; (5) seven parking spaces; (6)
tours and tasting by appointment only with a maximum of six people daily and an
average of 15 per week; (7) a marketing plan with ten wine trade events per
year with an average of 40 people; two auction related events per year with a
maximum of 150 persons; three Vintage release events for a maximum of 100
persons (no events shall occur at the same time); (8) catered events for
custom crush not to exceed six events per year with a maximum of 40 person per
event; (9) septic and leach field improvements; and (10) improvements to the
existing access road from the private driveways intersection with the private
access road to the winery development areas.
The project is located on a 46.66 acre parcel on a private road on the
south side of Sage Canyon Road, approximately 2.3 miles southwest of the its
intersection with Sage Canyon Road within an AW (Agricultural Watershed) zoning
district. (Assessor’s Parcel # APN
030-220-026) (Continued from October
15, December 17, 2003 and, January 07, 2004)
11. Continued
THE COMMISSION APPROVED
ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE MITIGATED
NEGATIVE DECLARATION INCLUDING THE PROJECT REVISION STATEMENT WITH INCORPORATED
MITIGATION MEASURES, AS MODIFIED.
THE COMMISSION APPROVED VIEWSHED
#03176-VIEW AND USE PERMIT
#02157-UP BASED ON FINDINGS 9
THROUGH 25, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 19. JK-BF-DG-JD-TS
12.
Paul and Susan Frank Co-Trust / Gemstone Winery -
Variance Request #03375-VAR
CEQA Status: See item #13.
Request: Approval of a Variance to allow the use of an existing wood frame
building for a winery that encroaches 450 feet into the required 600 foot
winery setback from Silverado Trail, located on two parcels totaling 17.26
acres on the west side of Silverado Trail approximately 2,500 feet north of
Yountville Cross Road within an AP (Agricultural Preserve) zoning district.
(Assessor’s
Parcels #031-170-016 SFAP and 017 SFAP) 7153 Silverado Trail, Napa.
(HELD CONCURRENTLY WITH ITEM 13)
13.
Paul and Susan Frank Co-Trust / Gemstone Winery -
Use Permit Request #03374-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 that includes: 1) the use of a
1,224 square foot existing wood frame building for a winery totaling 1,224
square feet; 2) the addition of a 720 square foot covered crush pad; 3) two
part-time employees; 4) eight parking spaces; 5) a marketing plan with two
private promotional tastings and meals per year with a maximum of 25 people per
event and one private harvest event per year that could include barrel tasting,
social events, meals and musical programs with a maximum of 50 people; and, 6)
construction of a special design sewage system requiring a permit. No tours/tasting or retail sales are
proposed. The project is located on two
parcels totaling 17.26 acres on the west side of Silverado Trail approximately
2,500 feet north of Yountville Cross Road within an AP (Agricultural Preserve)
zoning district (Assessor’s Parcels #031-170-016 SFAP and 017 SFAP) 7153
Silverado Trail, Napa.
THE COMMISSION APPROVED
ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE
DECLARATION.
13. Continued
THE COMMISSION APPROVED
VARIANCE #03375-VAR BASED ON FINDINGS 11 THROUGH 15 AND USE PERMIT
#03374-UP BASED ON FINDINGS 16 THROUGH 20, SUBJECT TO CONDITIONS OF APPROVAL 1
THROUGH 21.
JD-BF-JK-DG-TS
14.
Robert
S. Walker / Brent and Joan Davies – Use Permit Request #03405-UP
CEQA Status: See Item # 15.
Request: Approval of a Use
Permit exception to the Napa County Conservation Regulations to construct the
following on slopes greater than 30%: a
residence with three separate living areas totaling 3,462 square feet and
consisting of: a 1,173 square foot main living area with a 609 square foot
garage, a 490 square foot master bedroom and a 833 square foot two bedroom
guest area with 357 square feet of storage; and, a pool, a 192 square foot pool
house, a water tank and driveway located on a 23.09 acre parcel on the east
side of a private driveway approximately 1,200 feet north of the terminus of
Pickett Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #018-050-061).
(HELD CONCURRENTLY WITH ITEM 15)
15.
Robert
S. Walker / Brent and Joan Davies – Viewshed Request #03404-VIEW
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 & soils.
Request: Review and approval
under the Viewshed Protection Program to construct a residence with 3 separate
living areas totaling 3,462 square feet and consisting of: a 1,173 square
foot main living area with a 609 square foot garage, a 490 square foot master
bedroom and a 833 square foot two bedroom guest area with 357 square feet of
storage; and, a pool, a 192 square foot pool house, a water tank, and driveway situated more than 25 vertical
feet below a major and minor ridge line as defined in 18.106.020 of the Napa
County Code but on slopes over 15% located on a 23.09 acre parcel on the
east side of a private driveway approximately 1,200 feet north of the terminus
of Pickett Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #018-050-061).
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 MITIGATED MONITORING AND REPORTING PROGRAM. BF-DG-JK-JD-TS
THE COMMISSION APPROVED USE PERMIT EXCEPTION
#03405-UP FOR SLOPES EXCEEDING 30% BASED ON FINDINGS 7 THROUGH 13, SUBJECT TO
CONDITIONS OF APPROVAL 1 THROUGH 9, AS MODIFIED.
15. Continued
THE COMMISSION APPROVED THE REQUESTED
PROJECT AS MODIFIED BY THE APPLICANT’S SIGNED PROJECT REVISION STATEMENT AND
BASED ON THE REQUIRED FINDINGS 14 THROUGH 16 AND SECTION 18.106.040(C) OF THE
VIEWSHED PROTECTION PROGRAM.
BF-JD-JK-DG-TS
16.
Stephen Lagier and Carole
Meredith / Lagier Meredith Vineyards Winery – Use Permit Request #03421-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 5,000 gallons per year winery with: 1) a 2,500 square foot winery
production area and a 350 square foot office (both located in a residence) and
2,860 square feet of caves for a winery totaling 5,710 square feet; 2) one
full-time employee; 3) five parking spaces; 4) Tours and Tasting by appointment
only with four visitors per day, and a maximum of 20 visitors per week; and 5)
construction of a special designed sewage system. No work areas, custom crushing activities or marketing activities
are proposed. The project is located on
a 84.30 acre parcel on the south side of Dry Creek Road off a private driveway
approximately 3.3 miles northwest from its intersection with Orchard Avenue,
within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #034-100-018) 4967 Dry
Creek Road, Napa.
THE COMMISSION APPROVED
ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE
DECLARATION.
DG-JK-BF-JD-TS X
N
THE COMMISSION APPROVED USE
PERMIT #03421-UP BASED ON FINDINGS 10 THROUGH 21, SUBJECT TO CONDITIONS OF
APPROVAL 1 THROUGH 20.
DG-JK-BF-JD-TS X
N
17.
Walsh
Vineyard Management / Napa Valley Gateway Ltd. - Use Permit Request
#03422-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, light and
glare.
Request: Approval for a Use Permit to construct, in two phases, a new facility
for vineyard management to include: 1) an administration building totaling
7,872 square feet, one equipment storage building totaling 15,154 square feet,
one maintenance building totaling 15,208 square feet and 55 total parking
spaces in Phase I; and, 2) a second storage building totaling 13,824 square
feet in Phase II, located on a 5.6 acre parcel at the western terminus of
Sheehy Court within an IP:AC (Industrial Park: Airport Compatibility)
combination zoning district. (Assessor’s
Parcel #057-250-019). (To be continued
to February 04, 2004)
17. Continued
PUBLIC HEARING CONTINUED TO
FEBRUARY 4, 2004.
DG-BF-JK-JD-TS
18.
Proposed
Ordinance #04001-ORD
updating and making technical changes to Section 18.10.020; Sections 18.40.020,
18.40.060, 18.40.110, 18.40.170, 18.40.240, and 18.40.250; Sections 18.44.080,
18.44.090, 18.44.120, 18.44.170 and adding Section 18.44.210; Chapter 18.80.;
Section 18.104.010; Section 18.110.030; and Section 18.116.045 of the Napa
County Code relating to: a) updating for consistency with the Napa County
Airport Land Use Compatibility Plan; b) establishment of a process for
modification to site development standards; c) miscellaneous technical corrections;
and, d) updating signage regulations.
CEQA Status: Categorically Exempt,
Class 5 (CEQA Guidelines Section 15303), Minor alterations to land use
limitations.
(HELD CONCURRENTLY WITH ITEM 19)
19.
Proposed
Specific Plan Amendment #SPAMD 0101
updating and making technical changes to the 1986 Airport Industrial Area
Specific Plan relating to: a) updating for consistency with the Napa County Airport Land Use
Compatibility Plan; b) establishment of a process for modification to site
development standards; c) miscellaneous technical corrections; and,
d) updating signage regulations.
The Airport Specific Plan regulations pertain to lands within the County
of Napa generally located south the intersection of State Routes 29 and 221,
west of Kelly Road, east of the Napa River, and north of Green Island Road
within the IP:AC (Industrial Park: Airport Compatibility Combination District),
the GI:AC (General Industrial: Airport Compatibility Combination District),
AV:AC (Airport: Airport Compatibility Combination District), and the I:AC
(Industrial: Airport Compatibility Combination District). CEQA Status: Categorically Exempt, Class 5 (CEQA
Guidelines Section 15303), Minor alterations to land use limitations.
PUBLIC HEARING OPENED – TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO FEBRUARY 18, 2004.
TS-JD-BF-JK-DG
X
20.
City Referrals.
NONE
21.
Discussion of items for the January
27, 2004 meeting with the Board of Supervisors.
STEVE
LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE
FOLLOWING ITEMS WILL BE CONSIDERED AT THE JANUARY 27, 2004 SPECIAL MEETING:
·
VARIOUS ASPECTS OF PROCESSING WINERY USE PERMITS.
·
CURRENT MEMBERSHIP OF AIRPORT LAND USE COMMISSION
AND POSSIBLE ALTERNATIVES.
·
CODE ENFORCEMENT AND CODE COMPLIANCE OPERATIONS AS
IT RELATES TO USE PERMIT CONDITIONS OF APPROVAL.
·
OPTIONS FOR IMPLEMENTING DESIGN REVIEW.
·
PRESENTATION BY THE REGIONAL WATER QUALITY CONTROL
BOARD (RWQCB) REGARDING THE TOTAL MAXIMUM DAILY LOAD (TMDL) STUDY.
FOLLOWING THE
SPECIAL JOINT MEETING, THE BOARD WILL RECEIVE A PRESENTATION AT 1:30 P.M. FROM
THE UNITED STATES GEOLOGICAL SURVEY REGARDING THE GROUNDWATER RESOURCES
IN THE LOWER MILLIKEN–SARCO–TULOCAY (MST) CREEKS AREA, SHOULD THE COMMISSION BE
INTERESTED IN ATTENDING.
MR. LEDERER,
DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS
WILL BE CONSIDERED AT THE FEBRUARY 4, 2004:
THE AIRPORT LAND USE COMMISSION
WILL MEET AT 9:00 A.M.
WALSH VINEYARD MANAGEMENT / NAPA VALLEY GATEWAY LTD. - USE PERMIT REQUEST #03422-UP.
LORNA JEANNE BORGE KENNEL - COMPLIANCE REVIEW FOR USE
PERMIT #02339-UP (APN #049-190-003).
22.
Commissioner Comments.
COMMISSIONER
GRAVES REPORTED ON THE FOLLOWING:
THE
NAPA RIVER WATERSHED CONSERVANCY AND WATERSHED INFORMATION CENTER BOARD IS
MEETING ON JANUARY 22, 2004 AT 4:00 P.M. IN THE HALL OF JUSTICE CONFERENCE
ROOM.
THE
NAPA SANITATION DISTRICT IS HOLDING A MEETING MONDAY, JANUARY 26, 2004
REGARDING RECYCLED WATER ON A REGION WIDE BASIS, WHICH MAY BE INTERESTING IN
REGARD TO THE DISCUSSIONS RELATED TO THE MST CREEK AREA BEING DISCUSSED BY THE
BOARD JANUARY 27, 2004.
HE WILL
NOT BE IN ATTENDANCE AT THE FEBRUARY 4, 2004 PLANNING COMMISSION MEETING.
22. Continued
CHAIRMAN
SCOTT REPORTED ON THE FOLLOWING:
THE
FARMWORKER HOUSING OVERSIGHT COMMITTEE WILL BE MEETING JANUARY 22, 2004 AT THE
YOUNTVILLE COMMUNITY CENTER. HE ALSO
REPORTED THE COMMITTEE WILL HAVE A JOINT MEETING WITH THE VISIONS SUBCOMMITTEE
REGARDING THE FIVE-YEAR PLAN FOR FARMWORKER HOUSING ON JANUARY 27, 2004 AT 4:00
P.M. AT THE NAPA HOUSING AUTHORITY.
THE
FARMWORKER HOUSING OVERSIGHT COMMITTEE GENERALLY MEETS THE FOURTH THURSDAY OF
EVERY MONTH AT THE YOUNTVILLE COMMUNITY CENTER.
THE
CALIFORNIA COUNTY PLANNING COMMISSIONERS ASSOCIATION WILL HAVE THEIR FIRST
BOARD MEETING OF THE YEAR ON FEBRUARY 7, 2004 FROM 10:00 A.M. TO NOON
AT THE SILVERADO COUNTRY CLUB.
23.
Director's
Report on Board of Supervisors' Actions.
MR. LEDERER ADVISED OF THE FOLLOWING:
THE
BOARD ADOPTED ORDINANCE NO. 1233 ON JANUARY 14, 2004 RELATED TO CAVES AND
WINERY SETBACKS WITH NO CHANGES TO THE COMMERCIAL LIMITED (CL) ZONING DISTRICT.
THE
NAPA SANITATION DISTRICT IS TENTATIVELY SET TO GIVE A PRESENTATION TO THE BOARD
MARCH 2, 2004 ON ISSUES RELATED TO RECYCLED WATER AND THE MST.
THE FEE
RESOLUTION PASSED BY THE BOARD ON NOVEMBER 18, 2003 WENT INTO EFFECT THIS PAST
WEEKEND, AND MANY PEOPLE TRIED TO GET THEIR APPLICATIONS SUBMITTED TO THE
PLANNING DEPARTMENT PRIOR TO THE NEW FEE INCREASES. AS A RESULT, LAST WEEK THE PLANNING DEPARTMENT RECEIVED UPWARDS
OF 100 APPLICATIONS. THERE ARE
APPROXIMATELY 60 APPLICATIONS THAT WILL BE CONSIDERED BY THE PLANNING
COMMISSION WHICH CONSIST OF ROUGHLY 40 NEW WINERIES, A NUMBER OF MAJOR
MODIFICATIONS TO EXISTING WINERIES, PARCEL MAPS AND VARIOUS OTHER ITEMS.
THE
DEPARTMENT WILL BE LOOKING AT THE MOST EXPEDITIOUS WAY TO PROCESS THE
APPLICATIONS. REALISTICALLY, THE ITEMS
THAT WERE SUBMITTED THIS PAST FRIDAY ARE MANY MONTHS AWAY FROM BE CONSIDERED BY
THE PLANNING COMMISSION.
23.
Continued
COMMISSIONER
KING REQUESTED STAFF PREPARE A REPORT ON THE ACTIVITY BY THE DEPARTMENT AND
COMMISSION FOR 2003 REGARDING THE NUMBER OF NEW WINERY USE PERMITS AND WINERY
MODIFICATIONS. THE REPORT SHOULD
INCLUDE ANY INCREASES IN PRODUCTION OR GALLONAGE FOR NEW WINERY USE PERMITS.
COMMISSIONER
GRAVES INQUIRED AS TO HOW MANY USE PERMITS HAVE BEEN GRANTED WITHOUT BUILDING
PERMITS BEING PULLED.
MR.
LEDERER RESPONDED THAT HE WOULD PREPARE THE REPORT.
24.
Update on
Bishop/Bighorn Aesthetic Improvements.
COMMISSIONER
KING REQUESTED A SPECIFIC DATE THAT THE LANDSCAPE PLAN WILL BE SUBMITTED TO THE
PLANNING DEPARTMENT AND WHEN THE PLAN WILL BE IMPLEMENTED.
THE
APPLICANT’S REPRESENTATIVE REQUESTED DIRECTION FROM THE COMMISSION FOR TIME OF
COMPLETION, WHETHER IT BE 60 OR 90 DAYS.
CHAIR
SCOTT WANTS TO SEE SUBSTANTIAL IMPROVEMENTS TO THE PROPERTY WITHIN 60
DAYS. IF HE DOES NOT SEE SUBSTANTIAL
IMPROVEMENT WITHIN THE SPECIFIED TIME PERIOD, HE WILL REQUEST THAT STAFF
SCHEDULE A USE PERMIT REVOCATION HEARING.
25.
Zoning Administrator Actions for December
2003.
26.
Future
Agenda Items.
·
COMPLIANCE REVIEWS (#02339-UP, FEBRUARY 04, 2004)
(#02362-MOD,
MARCH 17, 2004) (#02082-UP, 1 YEAR AFTER OPENING) HOUSING ELEMENT
DISCUSSED
Adjournment.
ADJOURNED TO SPECIAL MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, TUESDAY, JANUARY 27, 2004 AT 10:00 A.M.
TERRY
SCOTT, Chairperson
ATTEST: CHARLES WILSON, Secretary-Director
MICHELLE
PRICE, Deputy Clerk
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