MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

March 3, 2004

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, MARCH 3, 2004, AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:26 A.M.

2. Roll Call.

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

3. Citizen Comments and Recommendations.

NONE

4. Approval of Minutes.

APPROVED MINUTES OF MEETING OF FEBRUARY 19, 2003.

BF-JK-DG-JD-TS

A

APPROVED MINUTES OF MEETING OF FEBRUARY 4, 2004.

BF-JK-DG-JD-TS

A

APPROVED MINUTES OF MEETING OF FEBRUARY 18, 2004.

BF-JK-DG-JD-TS

5. Agenda Review.

BOB NELSON, SUPERVISING PLANNER, ADVISED THAT THERE HAS BEEN A REQUEST TO HEAR ITEM 9, WALSH VINEYARD MANAGEMENT / NAPA VALLEY GATEWAY LTD. - USE PERMIT REQUEST #03422-UP.

Public Hearings

6. Items to be decided without additional testimony.

(SEE ITEMS 11 AND 12)

7. 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.
California Environmental Quality Act (CEQA) Status: Categorically Exempt, Class 5 (CEQA Guidelines Section 15303), Minor alterations to land use limitations.

(Continued from January 21, and February 18, 2004)

(HELD CONCURRENTLY WITH ITEM 8)

8. 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. (Continued from January 21, and February 18, 2004)

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION RECOMMENDED TO THE BOARD OF SUPERVISORS THAT THEY TAKE THE FOLLOWING ACTIONS:

FIND THE PROJECT CATEGORICALLY EXEMPT FROM THE PROVISIONS OF CEQA PURSUANT TO CLASS 5, SECTION 15305, CONSISTING OF A MINOR ALTERATION TO A LAND USE LIMITATION;

ADOPT SPECIFIC PLAN AMENDMENT #SPAMD #0101; AND

ADOPT PROPOSED ORDINANCE #04001-0RD.

JK-DG-BF-JD-TS

9. 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). (Continued from January 21, and February 04, 2004)

COMMISSIONER GRAVES RECUSED HIMSELF DUE TO A CONFLICT OF INTEREST.

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 MITIGATION MONITORING AND REPORTING PROGRAM.

THE COMMISSION APPROVED USE PERMIT #03422-UP BASED ON FINDINGS 7 THROUGH 10, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 14.

JK-JD-BF-TS

10. Marc Cohen / Howell at the Moon Winery – Use Permit Request #02114-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: air quality, biological, hydrology and water quality, noise and transportation.
Request: Approval of a Use Permit to establish a new 20,000 gallon per year winery for: (1) the conversion of an existing 1,955 square foot structure to be utilized for fermentation, barrel storage, bottling, retail sales and laboratories and the conversion of an existing 140 square foot shed to be utilized for an office building and administration offices for a winery totaling 2,095 square feet; (2) the conversion of an existing 400 square foot covered carport to be utilized as a crush pad; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to four custom producers utilizing 50% (10,000 gallons per year) of the total approved winery production capacity; (4) two full and/or part-time employees and 2 additional employees at harvest; (5) five parking spaces; (6) no tours or tasting; (7) a marketing plan for members of the wine trade consisting of: three private wine and food tasting events for the wine trade with a maximum of 15 people; three private wine and food tasting events by invitation only with a maximum of 25 people; and one private harvest event with a maximum of 50 people, (events will occur on the weekends, school holidays and other non-school days for PUC and no events shall occur at the same time); (8) expansion of the existing leach field; (9) a new 20-foot driveway approximately 1000 feet in length to serve the winery; and; (10) necessary related actions that include administrative approval of an erosion control plan for conversion to vineyard of up to 2.96 acres of existing moderately sloping (7 to 17%) pine forest/oak woodland/grassland. Erosion control plan

10. Continued

(# 02263-ECPA) has been prepared for this vineyard and it includes water bars for vehicular traffic, straw bale dikes, turf reinforcement mats, and a permanent cover crop. The project is located on a 20.36 acre parcel at the terminus of Cold Springs Road, approximately 3,177 feet southeast of its intersection with Las Posadas Road, within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel # 024-332-013) 425 Cold Springs Road, Angwin.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION MADE A MOTION OF INTENT TO APPROVE ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 8 AND USE PERMIT #02114-UP BASED ON FINDINGS 9 THROUGH 13, SUBJECT TO THE CONDITIONS OF APPROVAL, AS MODIFIED.

THIS ITEM IS CONTINUED TO MARCH 17, 2004 FOR FINAL ACTION.

JD-BF-JK-DG-TS

11. Richard and Helene Poe / Mt. Veeder Springs Winery – Use Permit Request #03485-UP
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 65962.5.
Request: Approval of a Use Permit to establish a new 10,000 gallon per year winery with: (1) an existing 2,860 square foot building for a winery totaling 2,860 square feet; (2) no covered work areas; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to two custom producers utilizing 30% (3,000 gallons per year) of the total approved winery production capacity; (4) one full and one part-time employees; (5) three parking spaces; (6) no tours and tasting; (7) a marketing plan with two activities per year with an average of 15 people per event and two activities and a maximum of 25 people per event and one event with a maximum of 50 people; (8) no other events are planned; (9) construction of a special design sewage system. This project is located on a 47 acre parcel on a private driveway on the south side of Partrick Road approximately 3,500 feet from its intersection with Browns Valley Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #050-030-025) 1477 Partrick Road, Napa. (Removed from calendar)

REMOVED FROM THE AGENDA AND WILL BE RENOTICED.

12. Phillips Winery / Arlie Jean Phillips Trust – Use Permit Request #03533-MOD

CEQA Status: Categorically Exempt (Class 3).
Request: Approval to modify use permit #02353-MOD to expand the square footage of the production facility previously approved under this modification from ±3,060 square feet to ±7,850 square feet. No other changes are proposed. The project is located on a 73.13 acre parcel on the west side of Silverado Trail approximately one-half mile south of its intersection with Oakville Cross Road within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #031-070-009) 7557 Silverado Trail, St. Helena.

PUBLIC HEARING CONTINUED TO MARCH 17, 2004.

DG-JK-BF-JD-TS

Other Business

13. Elexis Solomon Bayleaf Restaurant #02362-MOD (APN # 049-030-033) Six month status report and compliance review for Bayleaf Restaurant.

REPORT PRESENTED

COMMISSIONER DICKSON COMMENTED THAT HE WAS NOT A MEMBER OF THE PLANNING COMMISSION AT THE TIME THIS USE PERMIT WAS APPROVED AND WOULD ABSTAIN FROM VOTING ON THIS ITEM.

THE COMMISSION PROVIDED DIRECTION TO STAFF INDICATING ITEMS 1 THROUGH 6 IN THE STAFF REPORT DATED FEBRUARY 20, 2004 BE COMPLETED WITHIN 60 DAYS FROM TODAY’S MEETING AND THAT STAFF PROVIDE A STATUS REPORT TO THE COMMISSION ON MAY 5, 2004.

14. City Referrals.

NONE

15. Discussion of items for the March 17, 2004 meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE MARCH 17, 2004 MEETING:

STAGS LEAP WINE CELLARS VARIANCE REQUEST #03468-VAR AND USE PERMIT MODIFICATION REQUEST #03469-MOD.

CLIFF LEDE VINEYARDS / S. ANDERSON VISTA INC. - USE PERMIT MODIFICATION REQUEST #03496-MOD.

THOMAS WEINERT / WEINERT – REZONING REQUEST #03298-RZG.

PHILLIPS WINERY / ARLIE JEAN PHILLIPS TRUST – USE PERMIT REQUEST #03533-MOD.

MARC COHEN / HOWELL AT THE MOON WINERY – USE PERMIT REQUEST #02114-UP.

THE GROUNDWATER ORDINANCE THAT WAS HEARD AT THE BEGINNING OF 2004 REGARDING RECYCLED WATER.

THE AIRPORT LAND USE COMMISSION MEETING.

COMMISSIONER FIDDAMAN REQUESTED AN UPDATE ON WHETHER OR NOT THE HOUSING ELEMENT PRESENTATION WILL OCCUR ON APRIL 14, 2004.

MR. LEDERER RESPONDED THAT APRIL 14, 2004 IS THE TARGET DATE.

16. Commissioner Comments.

COMMISSIONER DICKSON COMMENTED THAT HE WILL NOT BE PRESENT AT THE MARCH 17, 2004 MEETING.

COMMISSIONER DICKSON ALSO THANKED STAFF FOR MAKING THE OPPORTUNITY AVAILABLE TO HIM TO ATTEND A COURSE ENTITLED LEARNING TO BE A BETTER PLANNING COMMISSIONER. HE INDICATED THE COURSE WAS VERY INFORMATIVE AND ENJOYABLE.

17. Election of Officers.

COMMISSIONER GRAVES MADE A MOTION, SECONDED BY COMMISSIONER KING, TO NOMINATE COMMISSIONER FIDDAMAN AS THE CHAIR. FOLLOWING DISCUSSION, COMMISSIONER GRAVES WITHDREW HIS MOTION.

THE COMMISSION REAPPOINTED CHAIR SCOTT TO SERVE AS CHAIRPERSON AND COMMISSIONER FIDDAMAN TO SERVE AS VICE-CHAIRPERSON.

DG-JK-BF-JD-TS

18. Zoning Administrator Action for February 2003.

NOT DISCUSSED

19. Directors Report on Board of Supervisors Action.

MR. NELSON REPORTED THE NAPA SANITATION DISTRICT GAVE A PRESENTATION TO THE BOARD OF SUPERVISORS REGARDING THE OPTIONS FOR PROVIDING SERVICE TO THE MILIKEN-SARCO-TULOCAY (MST) AREA.

MR. LEDERER REPORTED THE BOARD RECEIVED A MID-YEAR REPORT FROM THE COUNTY EXECUTIVE OFFICE REGARDING THE COUNTY BUDGET, WHICH WAS RELATIVELY OPTIMISTIC GIVEN THE NEGATIVITY OF THE BUDGET UPDATE RECEIVED LAST FALL.

THE BOARD ANNOUNCED THAT APRIL 12 AND 13, 2004, THEY WILL BE HOLDING THEIR ANNUAL RETREAT, WHICH IS BASICALLY A STRATEGIC PLANNING SESSION AND URGED COMMISSIONERS TO PROVIDE INPUT TO THEIR INDIVIDUAL BOARD MEMBERS PRIOR TO THE RETREAT.

20. Future Agenda Items.

· #02082-UP, 1 YEAR AFTER OPENING; HOUSING ELEMENT (April)

MR. LEDERER ADVISED THAT THE DATES FOR A JOINT MEETING WITH THE CITY OF ST. HELENA PLANNING COMMISSION ARE APRIL 21 OR MAY 5, 2004. FOLLOWING DISCUSSION REGARDING THE COMMISSIONER’S AVAILABILITY, THE COMMISSION SUGGESTED THAT STAFF LOOK FOR AN ALTERNATE DATE WHEN BOTH COMMISSIONS HAVE THE MOST MEMBERS AVAILABLE.

20. Continued

MR. LEDERER RESPONDED THAT HE WILL CONTINUE TO WORK ON A JOINT MEETING DATE AND REPORT BACK TO THE COMMISSION.

Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, MARCH 17, 2004 AT 9:00 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