MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

 

March 17, 2004

 

1.                  Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, MARCH 17, 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 AND DAVID GRAVES.  COMMISSIONER JOHN DICKSON WAS EXCUSED.

 

 

3.                  Citizen Comments and Recommendations.

NONE

 

 

4.                  Approval of Minutes.

APPROVED MINUTES OF MEETING OF JANUARY 15 AND FEBRUARY 5, 2004.

                                                                        DG-BF-JK-JD-TS

                                                                                             X

 

 

5.                  Agenda Review.

STAFF REQUESTED ITEM 13 - CLIFF LEDE VINEYARDS / S. ANDERSON VISTA INC. - USE PERMIT MODIFICATION REQUEST #03496-MOD BE HELD PRIOR TO ITEMS 11 AND 12.

 

Public Hearings

 

6.                  Items to be decided without additional testimony.

(SEE ITEMS 7, 8, 9 AND 10)

 

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 Relating to Regulation of Groundwater Including Requirements of Hook-Up and/or Usage of Public Water/Recycled Water when Available.

California Environmental Quality Act 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, and January 21, 2004)  (Staff requests continuance to April 7, 2004)

            PUBLIC HEARING CONTINUED TO APRIL 7, 2004.

                        BF-JK-DG-JD-TS

                                                                                             X

 

8.                  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 (# 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.  (Continued from March 03, 2004)

PUBLIC HEARING HELD – NO 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-JK-DG-JD-TS

                                                                                             X

 

THE COMMISSION APPROVED USE PERMIT #02114-UP BASED ON FINDINGS 10 THROUGH 14, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18, AS MODIFIED.                                                  BF-JK-DG-JD-TS

                                                                                             X
 

 


9.                  Phillips Winery / Arlie Jean Phillips Trust – Use Permit Request #03533-MOD
CEQA Status: Categorically Exempt (Class 3).  CEQA Guidelines section 15303 (new construction or conversion of small structures).      
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. 

(Continued from March 03, 2004)

            PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

 

ENVIRONMENTAL DETERMINATION:  CATEGORICALLY EXEMPT; PURSUANT TO CLASS 3 – NEW CONSTRUCTION OF SMALL STRUCTURES; CEQA SECTION 15303.

 

THE COMMISSION APPROVED USE PERMIT #03533-MOD BASED ON FINDINGS 9 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 15.

                                                                        BF-JK-DG-JD-TS

                                                                                             X

 

 

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

California Environmental Quality Act (CEQA) Status:  Categorically Exempt, (Class 5).  CEQA Guidelines section 15305 (minor alterations in land use limitations).

Request:  Adoption of an ordinance to rezone an 18.84 acre parcel within the unincorporated area of the County from TP (Timber Preserve) to an AP (Agricultural Preserve) 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

 

ENVIRONMENTAL DETERMINATION:  CATEGORICAL EXEMPTION; CLASS 5.

 

THE COMMISSION RECOMMENDED TO THE BOARD OF SUPERVISORS THAT THEY APPROVE FINAL REZONING REQUEST #03298-RZG.

                                                                        BF-JK-DG-JD-TS

                                                                                             X

 

 

11.              Stags Leap Wine Cellars - Variance Request #03468-VAR          
CEQA Status:  See Item #12.  
Request:  Approval of a Variance to Section 18.104.230 (A)(1) and 18.104.230(B) to allow the construction of a winery structure within the 600 foot winery setback from Silverado Trail and within 300 feet from a private road within an AW (Agricultural Watershed) zoning district.  (Assessor’s Parcel # 039-030-035)   5766 Silverado Trail, Napa.

(HELD CONCURRENTLY WITH ITEM 12)

 

12.              Stags Leap Wine Cellars – Use Permit Modification Request #03469-MOD      
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 and traffic/transportation.       
Request:  Approval of a Use Permit modification to:  (1) increase the annual wine production from 210,000 to 330,000 gallons; (2) construct a new 5,300 square foot Visitor’s Center building and, increase the existing cave area from 8,000 to 38,000 square feet for additional barrel storage, a catering prep kitchen, restrooms, a wine library and marketing activities resulting in a winery totaling 83,672 square feet; (3) remodel existing “Bldg. 2” for processing additional tonnage, including the construction of a new 800 square foot crush/press pad adjacent to the structure; (4) relocate the existing 731 square foot tasting room in existing “Bldg. 2” to the Visitor’s Center; (5) remodel and convert a portion of existing “Bldg. 3” from production to offices and restrooms; (6) construct a new debris/recycling pad on the developed area adjacent to “Bldg 4”; (7) remodel and convert a portion of existing “Bldg. 5” from a barrel room to offices; (8) construct handicapped access at “Bldg. 5” (9) increase the number of employees from 70 to 80 full-time with no change to the existing 12 part-time employees; (10) revise operation hours to 7:30 a.m. - 5:30 p.m.; (11) relocate the public access driveway and construct a new public parking area, increasing the total on-site parking from 65 to 105 spaces; (12) increase the number of existing marketing events as follows: Distributor Tasting & Lunches from 30 to 50 per year on one day per week with a maximum of 60 persons per event, Distributor Tastings & Dinners from 25 to 50 per year on two days per week with a maximum of 60 persons per event, and add 50 Food and Wine Pairing Seminars per year for members of the wine trade on two days per week with a maximum of 35 persons per event; and, (13) modify and enlarge the existing septic and wastewater treatment system. The project is located on a 33.33 acre parcel on the east side of Silverado Trail approximately 1.5 miles south of its intersection with Yountville Cross Road within an AP / AW (Agricultural Preserve / Agricultural Watershed) split zoning district.  (Assessor’s Parcel # 039-030-035)  5766 Silverado Trail, Napa.

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 MITIGATION MONITORING AND REPORTING PROGRAM.                                 JK-BF-DG-JD-TS

                                                                                       X   X

 

THE COMMISSION APPROVED VARIANCE REQUEST #03468-VAR BASED ON FINDINGS 17 THROUGH 21 AND USE PERMIT MODIFICATION REQUEST #03469-MOD BASED ON FINDINGS 22 THROUGH 27, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 21, AS REVISED.

                                                                        JK-BF-DG-JD-TS

                                                                                                  X    X
13.       Cliff Lede Vineyards / S. Anderson Vista Inc. - Use Permit Modification Request

#03496-MOD

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, biological resources and noise.                                                        
Request:  Approval to modify original Use Permit #U-247879 and subsequent modifications #U-438687, #U-02606 and minor modification #-02494 to:  (1) construct a new, 12,200 +/- square foot production building (with an addition of 220 square feet to the existing mezzanine) at an existing 5,470 square foot winery and add 24,500 square feet of new caves to an existing 6,800 square feet of caves resulting in a winery totaling 49,190 square feet with an expansion of the annual production capacity from 30,000 to 60,000 gallons; (2) construct a new 1,200 square foot outdoor crush pad; (3) add seven employee parking spaces for a total of 42; (4) install site landscaping and lighting; (5) convert the existing 2,916 square foot winery building to dry goods and wine related storage; (6) relocate existing outdoor tanks to the new production building; (7) install wastewater and fire suppression facilities on an existing pad area; (8) demolish an existing 3,800 square foot agricultural building; (9) lot line adjust Assessor’s parcels 031-220-018 & 031-230-013; and, (10) construct new access roads. No change to the existing marketing plan or existing visitation is proposed as part of this application.  The project is located on two parcels consisting of 20.74 acres and 26.86 acres on the southeast side of Yountville Cross Road approximately ¼ mile west of Silverado Trail within an AP (Agricultural Preserve) zoning district.  (Assessor’s Parcels # 031-220-018 and 031-230-013)  1473 Yountville Cross Road, Yountville.

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 ADOPTED THE MITIGATION MONITORING AND REPORTING PROGRAM.                                    BF-DG-JK-JD-TS

                                                                                             X

 

THE COMMISSION APPROVED USE PERMIT MODIFICATION #03496-MOD BASED ON FINDINGS 11 THROUGH 25, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 20.                        BF-DG-JK-JD-TS

                                                                                                         X

 

Other Business

 

14.              City Referrals.

NONE


15.              Discussion of items for the April 07, 2004 meeting (to end by 1:00 p.m.).

BOB NELSON, SUPERVISING PLANNER, ADVISED THE APRIL 7, 2004 MEETING MUST CONCLUDE BY 1:00 P.M.

 

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE APRIL 7, 2004 MEETING:

 

ELAINE BELL CATERING COMPANY INC. / JOHN MERRITT AND ELAINE BELL - USE PERMIT REQUEST #03503-UP.

 

SEVEN STONES WINERY / RON AND ANITA WORNICK TRUST – USE PERMIT REQUEST #04015-UP.

 

DOMINUS ESTATE WINERY / DOMINUS ESTATE CORPORATION – USE PERMIT MODIFICATION REQUEST #04043-MOD.

 

STATUS REPORT ON BIGHORN USE PERMIT COMPLIANCE ISSUES.

 

CHAIR SCOTT ADVISED STAFF HE WOULD LIKE TO SCHEDULE A USE PERMIT REVOCATION HEARING FOR BIGHORN CELLARS.

 

LAURA ANDERSON, DEPUTY COUNTY COUNSEL, SUGGESTED BIGHORN CELLARS BE SCHEDULED ON APRIL 7, 2004 FOR DISCUSSION.

 

MR. LEDERER ADVISED DISCUSSIONS REGARDING THE HOUSING ELEMENT ARE CONTINUING AND APRIL 14 IS THE TENTATIVE DATE SCHEDULED FOR THE PLANNING COMMISSION TO HEAR THE HOUSING ITEM.

 

 

16.              Commissioner Comments.

CHAIR SCOTT COMMENTED ON THE FOLLOWING:

 

HE REMINDED COMMISSIONERS TO SUBMIT THEIR STATEMENTS OF ECONOMIC INTEREST BY APRIL 1, 2004.

 

THE CALIFORNIA COUNTY PLANNING COMMISSIONER’S ASSOCIATION SPRING CONFERENCE IS BEING HELD IN DAVIS, CALIFORNIA ON APRIL 23 AND APRIL 24, 2004.

 

HE REMINDED THE COMMISSION THAT HE WILL NOT BE PRESENT FOR BOTH COMMISSION MEETINGS IN MAY.


17.       Directors Report.

 

·        Board of Supervisors Actions.

MR. LEDERER ADVISED OF THE FOLLOWING:

 

THE BOARD OF SUPERVISORS MADE A TENTATIVE DECISION APPROVING THE CONDITIONS OF APPROVAL FOR THE MONTALCINO PROJECT, AND THE PROJECT WILL RETURN TO THE BOARD ON APRIL 6, 2004 FOR ADOPTION OF THE FINDINGS OF FACT.

 

THE BOARD REVIEWED A REQUEST FROM THE BALLOON INDUSTRY TO POTENTIALLY LAUNCH BALLOONS FROM THE YOUNTVILLE CORPORATE YARD, WHICH IS A COUNTY-OWNED PROPERTY.  FOLLOWING DISCUSSION, THE BOARD DIRECTED STAFF TO COMMENCE NEGOTIATIONS WITH THE BALLOON INDUSTRY REGARDING A POTENTIAL LEASE, WHICH WOULD REQUIRE THEM TO SUBMIT A USE PERMIT REQUEST FOR REVIEW BY THE PLANNING COMMISSION.

 

 

·        Discussion of Standard Condition of Approval for Well Monitoring.

MR. LEDERER ADVISED THE COMMISSION THAT HE SPOKE WITH PUBLIC WORKS REGARDING COMMISSIONER GRAVES’ REQUEST TO CHANGE THE STANDARD WORDING FOR THE CONDITION OF APPROVAL FOR GROUNDWATER TO MAKE WELL LEVEL MONITORING A REQUIREMENT. PUBLIC WORKS INDICATED THEY ARE INTERESTED IN TRACKING THE GROUNDWATER INFORMATION AND AGREED TO THE PROPOSED CHANGE TO THE STANDARD CONDITION OF APPROVAL.

 

 

18.       Future Agenda Items.

 

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

 

MR. LEDERER COMMENTED THAT THE JOINT PLANNING COMMISSION MEETING WITH THE CITY OF ST. HELENA PLANNING COMMISSION WILL LIKELY OCCUR THE FIRST MEETING IN JUNE.


Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, APRIL 7, 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