MINUTES OF THE MEETING OF THE
CONSERVATION, DEVELOPMENT AND PLANNING
COMMISSION
December 15, 2004
1.
Call to Order.
THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE
2.
Roll Call.
THE FOLLOWING MEMBERS WERE PRESENT: CHAIRMAN TERRY SCOTT, COMMISSIONERS BOB FIDDAMAN,
JIM KING, DAVID GRAVES AND JOHN DICKSON.
3.
Pledge of Allegiance.
CHUCK MEIBEYER, ATTORNEY, LED THE SALUTE TO THE FLAG.
4.
Citizen Comments and
Recommendations.
NONE
5.
Approval of Minutes.
APPROVED MINUTES OF MEETING HELD NOVEMBER 17, 2004.
JD-BF-JK-DG-JK
A
APPROVED MINUTES OF MEETING HELD DECEMBER 1, 2004.
JD-BF-JK-DG-JK
6.
Agenda Review.
AGENDA REVIEWED – NO
CHANGES
PATRICK LOWE, DEPUTY
PLANNING DIRECTOR, PROVIDED THE COMMISSION WITH A 2005 CALENDAR PRODUCED BY THE
NAPA COUNTY RESOURCE CONSERVATION DISTRICT ENTITLED LIVING IN
Public Hearings
7.
Items
to be decided without additional testimony.
NONE
8.
John Caldwell / John Caldwell &
Request: Approval of a Use Permit
to establish a new 25,000-gallon per year winery with: (1) 16,970 square
foot of existing caves, for a winery totaling 16,970 square feet; (2) custom
crushing activities (crushing, fermentation, barrel aging and bottling) for up
to four entities utilizing 40% (10,000 gallons per year) of the total winery
production capacity per year; (3) two full-time and one part-time
employees; (4) nine parking spaces; (5) tours and tasting by appointment with a
maximum of 8 people per day, 40 per week only; (6) a marketing plan that
includes: 12 promotional tours, tastings and meals per year with a maximum of
ten people at each event, two release events per year with a maximum of sixty
people at each event and one wine auction event per year with a maximum of
fifty people; and (7) a new septic system.
This project is located on two parcels (pending a lot line adjustment)
of 40 and 40.11 acres off a private road at the terminus of Kreuzer Lane
approximately 3,000 feet east of its intersection with Fourth Avenue within an
AW (Agricultural Watershed) zoning district.
(APN# 045-310-054, 055)
(Continued from September 15, October 6, November 17, and December 1,
2004)
PUBLIC HEARING HELD – TESTIMONY
PRESENTED
THE COMMISSION APPROVED
ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE
DECLARATION.
BF-DG-JK-JD-TS
THE COMMISSION APPROVED USE PERMIT
#03318-UP BASED ON FINDINGS 10 THROUGH 14, SUBJECT TO CONDITIONS OF
APPROVAL 1 THROUGH 22, AS REVISED. BF-DG-JK-JD-TS
9.
Sheri Hurley - Use
Permit Request #04026-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 an
agricultural processing facility within a proposed 860 square foot replacement
structure for the processing of fruit and herbs grown on-site into jams,
jellies, sauces, chutney and dried herbs that will include: (1) two full-time employees; (2) three
parking spaces; (3) installation of a turnout lane along the existing access
road; (4) construction of a new wastewater system; and, (5) installation
of a 10,000 gallon water tank for fire protection. No retail sales or marketing events are
proposed on the site. The project is
located on a 4.07-acre parcel located approximately 570 feet west of Silverado
Trail and 850 feet north of
(Assessor’s Parcel
#039-270-016) 2083 Silverado Trail,
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 1 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION.
BF-JD-JK-DG-TS
9. Continued
THE COMMISSION APPROVED USE PERMIT #04026-UP BASED
ON FINDINGS 11 THROUGH 15, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 18.
BF-JD-JK-DG-TS
10.
Les and Margaret Chafen Etal / Les and Scott Chafen / Dutch Henry Winery - Variance
Request #P04-0339-VAR
CEQA Status: See Item #11.
Request: Approval of a Variance to the winery road
setback requirements set forth in Section 18.104.230 (A) of the
(HELD CONCURRENTLY WITH ITEM 11)
11.
Les and Margaret Chafen Etal / Les and Scott Chafen / Dutch Henry Winery
- Use Permit
Minor Modification Request #P04-0338-MODMINOR
CEQA Status: Categorically Exempt pursuant to Section 15303
of the California Environmental Quality Act (Class 3).
Request: Approval to
make a minor modification to Use Permit #U-278384 to construct approximately 2,400
square feet of cave and associated cave portals for barrel storage located on a
3.77 acre parcel on the north side of the Silverado Trail approximately 1/2
mile north of its intersection with Lommel Road within an AW (Agricultural
Watershed) zoning district. (Assessor’s Parcel #: 020-380-010) 4310 Silverado
Trial, Calistoga.
PUBLIC HEARING HELD – TESTIMONY
PRESENTED
THE COMMISSION FOUND THE PROJECT
CATEGORICALLY EXEMPT PURSUANT TO CLASS 3:
THE CONSTRUCTION AND LOCATION OF LIMITED NUMBERS OF NEW, SMALL
FACILITIES OR STRUCTURES; CEQA GUIDELINES SECTION 15303.
JD-BF-JK-DG-TS
THE COMMISSION APPROVED VARIANCE
#P04-0339-VAR BASED ON FINDINGS 9 THROUGH 13 AND USE PERMIT MODIFICATION
#P04-0338-MODMINOR BASED ON FINDINGS 14 THROUGH 18, SUBJECT TO CONDITIONS OF
APPROVAL 1 THROUGH 14. JD-BF-JK-DG-TS
12.
Phillip Smith / Suzette Mori Etal /
Modification Request #P04-0428-MOD
CEQA Status: EIR (Environmental Impact
Report) Previously Prepared and Adopted on January 17, 2001. The proposed
modifications to this project are within the scope of the analysis of the previously approved EIR.
Request: Approval to modify Use Permit #99077-UP to
revise the site plan and establish a phasing plan for the
(Assessor’s Parcel#: 027-120-063).
PUBLIC HEARING HELD –
TESTIMONY PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL
RECOMMENDATIONS 1 THROUGH 4. DG-BF-JK-JD-TS
THE COMMISSION APPROVED USE PERMIT MODIFICATION
#P04-0428-MOD BASED ON FINDINGS 9 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL
1 THROUGH 15, AS REVISED. DG-JD-BF-JK-TS
13.
Robert and Dorothy Mulholland / La Cantina Winery - Use Permit
Modification Request
#P04-0477-MOD
CEQA Status: Categorically Exempt pursuant to Section 15301 of the California
Environmental Quality Act (Class 1).
Request: Approval to modify the winery process wastewater location and
disposal method from a standard system (as approved in Use Permit #02120-UP) to
a “Hold and Haul” disposal method.
Winery process wastewater will be stored in underground tanks (totaling
4,500 gallons) and will be trucked 12 times per year from the winery site to
the East Bay Municipal Utilities District facility in
(Assessor’s Parcel #: 038-180-008)
PUBLIC HEARING HELD – TESTIMONY
PRESENTED
THE COMMISSION FOUND THE PROJECT CATEGORICALLY
EXEMPT; PURSUANT TO CLASS 1: THE OPERATION, REPAIR, MAINTENANCE, PERMITTING,
LEASING, LICENSING, OR MINOR ALTERATION OF EXISTING PUBLIC OR PRIVATE
STRUCTURES, FACILITIES OR MECHANICAL EQUIPMENT OR TOPOGRAPHICAL FEATURES,
INVOLVING NEGLIGIBLE OR NO EXPANSION OF USE BEYOND THAT EXISTING AT THE TIME OF
THE LEAD AGENCY’S DETERMINATION; CEQA GUIDELINES SECTION 15301 AND CLASS 3: THE CONSTRUCTION AND LOCATION OF LIMITED NUMBERS OF NEW,
SMALL FACILITIES OR STRUCTURES; CEQA GUIDELINES SECTION 15303. JD-DG-BF-JK-TS
13. Continued
THE COMMISSION APPROVED USE PERMIT MODIFICATION
#P04-0477-MOD BASED ON FINDINGS 8 THROUGH 12, SUBJECT TO CONDITIONS OF APPROVAL
1 THROUGH 6. JD-BF-JK-DG-TS
14. Proposed
Ordinance Amendment #P04-0501-ORD to add a new Chapter 18.134 relating to
requests for reasonable
accommodations under the Fair Housing Acts.
CEQA Status:
General Rule pursuant to 14 CCR 15061(b)(3) of the California
Environmental Quality Act. It can be
seen with certainty that there is no possibility the proposed action may have a
significant effect on the environment and therefore CEQA is not applicable.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION REQUESTED THE ABILITY TO REMOVE THE
REASONABLE ACCOMMODATION WHEN IT IS NO LONGER NECESSARY.
STAFF RESPONDED THAT DURING THE PROCESS OF GRANTING
THE REASONABLE ACCOMMODATION THE PLANNING DEPARTMENT WILL INCLUDE A REQUIREMENT
THAT THE APPLICANT NOTIFY THE COUNTY WHEN THE REASONABLE ACCOMMODATION IS NO
LONGER NEEDED.
THE COMMISSION RECOMMENDED THE BOARD OF SUPERVISORS
ADOPT PROPOSED ORDINANCE AMENDMENT #P04-0501-ORD.
BF-JD-JK-DG-TS
15.
Renteria Winery /
Oscar and Denise Renteria – Use Permit Request #04046-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, air
quality, biological resources, hydrology, noise, and transportation.
Request: Approval of a Use Permit to
establish a new 18,000 gallon per year winery with: (1) a new 7,154 square foot winery building
and 4,400 square feet of new caves (to be utilized for winery storage) for a
winery totaling 11,554 square feet; (2) a 1,728 square foot covered outdoor
crush pad; (3) custom crushing activities (crushing,
fermentation, barrel aging, bottling and retail sales) for two custom producers
utilizing up to 33% (6,000 gallons per year) of the total winery production
capacity; (4) two full-time and six part-time employees during
harvest/crush; (5) eight parking spaces; (6) a maximum of seven tours and
tasting by prior appointment per week with a maximum of eight visitors in
attendance at each; (7) a marketing plan that includes: a maximum of three food
and wine pairing activities per month with a maximum of 24 persons per event; a
maximum of two industry open house events per year with a maximum of 60 persons
in attendance at each event; and a maximum of two wine auction events per year
with 100 persons in attendance at each event; (8) construction of a private
access road; and, (9) construction of two wastewater treatment systems, one for
sanitary waste and the other for winery process wastewater.
15. Continued
This project
is located on a 55.12 acre parcel on
the south side of
PUBLIC
HEARING HELD – TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO JANUARY 19, 2005.
DG-BF-JK-JD-TS
Other Business
16.
Final
Calendar of Commission 2005 Schedule.
DISTRIBUTED – NO DISCUSSION
17.
City
Referrals.
NONE
18.
Discussion
of items for the January 5, and 19, 2005 meetings.
STEVE LEDERER, DEPUTY
PLANNING DIRECTOR, ADVISED OF THE
FOLLOWING:
THE JANUARY 5, 2005 MEETING WILL BE
CANCELLED.
JANUARY 19, 2005
PROFESSIONAL
BALLOON PILOTS ASSOCIATION & BALLOONS ABOVE THE VALLEY /
GREEN
WINERY USE PERMIT REQUEST.
HEITZ
WINERY USE PERMIT MODIFICATION.
FROG’S LEAP WINERY USE PERMIT
MODIFICATION.
ARROYO CREEK WINERY USE PERMIT
MODIFICATION.
THE
RIDGE TRAIL USE PERMIT EXCEPTION FOR SLOPES GREATER THAN THIRTY PERCENT.
RENTERIA
WINERY / OSCAR AND DENISE RENTERIA – USE PERMIT REQUEST #04046-UP WILL BE HELD
AT 1:30 P.M.
19.
Commissioner
Comments.
THE
COMMISSION REITERATED COMMENTS ABOUT COMMISSIONER GRAVES’ INTEGRITY AND HIS
PAST RECORD OF RECUSING HIMSELF FROM HEARINGS WHERE THERE WAS A POTENTIAL
CONFLICT OF INTEREST. THE COMMISSION’S
COMMENTS WERE MADE IN RESPONSE TO A COMMENT MADE BY A MEMBER OF THE PUBLIC
DURING THE RENTERIA HEARING WHEREBY THE INDIVIDUAL STATED THAT COMMISSIONER
GRAVES HAD A CONFLICT OF INTEREST AND SHOULD NOT BE ALLOWED TO
THE
COMMISSION EXPRESSED THEIR APPRECIATION TO OUTGOING COMMISSIONER JOHN DICKSON
AND ACKNOWLEDGED HIS TREMENDOUS CONTRIBUTIONS WHILE SERVING ON THE COMMISSION
STATING THAT HE WILL BE MISSED.
COMMISSIONER
DICKSON RESPONDED THAT HE HAS ENJOYED HIS SERVICE VERY MUCH ON THE COMMISSION
AND HAS LEARNED A GREAT DEAL OVER THE PAST YEAR AND THREE MONTHS.
20.
Director's
Report.
MR.
LEDERER COMMENTED THAT HE HAS ENJOYED WORKING WITH THE COMMISSION OVER THIS
PAST YEAR AND WISHED COMMISSIONER DICKSON WELL IN HIS FUTURE ENDEAVORS.
MR.
LEDERER ALSO EXPRESSED HIS APPRECIATION AND THANKED PLANNING STAFF FOR THEIR
HARD WORK OVER THE PAST YEAR TO ELIMINATE THE BACKLOG OF APPLICATIONS. THE BACKLOG WAS A RESULT OF PEOPLE RUSHING TO
SUBMIT APPLICATIONS BEFORE THE NEW FEE INCREASE ADOPTED BY THE BOARD WENT INTO
EFFECT.
MR.
LEDERER THANKED BOB NELSON, SUPERVISING PLANNER, FOR ALWAYS KEEPING THINGS
GOING IN THE RIGHT DIRECTION AND JOHN MCDOWELL, PROGRAM PLANNING MANAGER,
FOR ALWAYS HANDLING THE MORE DIFFICULT PROJECTS.
·
BOARD OF SUPERVISORS
ACTIONS
MR. LEDERER REPORTED THE FOLLOWING:
ON DECEMBER 7, 2004, THE BOARD ADOPTED UPDATED
20. Continued
THE BOARD APPROVED THE PROPOSED STAFFING PLAN PRESENTED BY THE
DEPARTMENT OF PUBLIC WORKS IN REGARD TO THE COUNTY’S UPCOMING WATER ISSUES
DECEMBER 14, 2004. THE PLAN REQUESTED
TWO NEW STAFF PEOPLE BE HIRED EXCLUSIVELY FOR GROUNDWATER AND WATER SYSTEMS
ISSUES. THE FUNDING FOR THE POSITIONS
WILL COME PRIMARILY FROM MEASURE A FUNDS.
THE TWO MAJOR PROJECTS PUBLIC WORKS WILL BE STARTING INCLUDE THE RECYCLED
WATER PIPELINE TO THE MILLIKEN-SARCO-TULOCAY (MST) AREA AND IMPROVING RELIABILITY
AND QUALITY IN THE DEER PARK/ANGWIN SYSTEM.
THE BOARD APPROVED A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
THE BOARD RECEIVED A LETTER FROM THE STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT CONDITIONALLY CERTIFYING THE COUNTY’S HOUSING ELEMENT.
COMMISSIONER FIDDAMAN REQUESTED THE COMMISSION BE PROVIDED WITH A COPY
OF THE LETTER FROM THE STATE.
MR. NELSON REPORTED THAT THE DEPARTMENT RECENTLY MET THE NEW PLANNING
DIRECTOR.
MR. NELSON COMMENTED THAT ALL OF THE STAFF HAS BEEN IMPRESSED WITH
COMMISSIONER DICKSON’S ABILITIES AND HIS WILLINGNESS AND DEDICATION TO
SERVE.
MR. NELSON ALSO RECOGNIZED WILLIAM SELLECK, SUPERVISING PLANNER, WHO
WILL BE RETIRING AT THE END OF THIS MONTH AFTER 27 YEARS OF SERVICE.
·
COMPLIANCE REPORT
NOT DISCUSSED
·
OTHER DEPARTMENT
ACTIVITIES
NOT DISCUSSED
21.
Future
Agenda Items.
·
#02082-UP, 1 YEAR
AFTER OPENING
·
#03457-UP,
1 YEAR AFTER OPENING
NOT DISCUSSED
Adjournment.
ADJOURNED TO
THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION,
WEDNESDAY, JANUARY 19, 2005 AT 9:00 A.M.
TERRY
SCOTT, Chairperson
ATTEST: PATRICK LYNCH
Acting 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