MINUTES OF THE MEETING OF THE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

March 2, 2005

1. Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE

COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, MARCH 2, 2005

AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:02 A.M.

2. Roll Call.

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

3. Pledge of Allegiance.

MR. MENDELSON LED THE SALUTE TO THE FLAG.

4. Citizen Comments.

NONE

5. Approval of Minutes.

APPROVED MINUTES OF THE MEETING HELD FEBRUARY 8, 2005.

JK-BF-RJ-DG-TS

APPROVED MINUTES OF THE MEETING HELD FEBRUARY 16, 2005.

JK-BF-RJ-DG-TS

6. Director’s Report.

HILLARY GITELMAN, DIRECTOR, CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT, REPORTED THE DEPARTMENT BEGAN THE BUDGET PROCESS FOR FISCAL YEAR 2005-2006. SHE STATED THEY WILL PLAN TO ALLOCATE STAFF TIME TO THE GENERAL PLAN.

MS. GITELMAN REPORTED THE DEPARTMENT IS CURRENTLY DOWN SEVERAL STAFF MEMBERS AND THEY ARE IN THE PROCESS OF RECRUITING AND FILLING THOSE VACANCIES.

MS. GITELMAN ANNOUNCED THE FOURTH GENERAL PLAN WORKSHOP WILL BE HELD IN AMERICAN CANYON AT 6:00 P.M.

7. Agenda Review.

STAFF REQUESTED AGENDA ITEM 13 BE REMOVED FROM THE AGENDA DUE TO IMPROPER NOTICING, TO BE RE-NOTICED FOR MARCH 16, 2005.

BF-JK-RJ-DG-TS

Public Hearings

8. Items to be decided without additional testimony.

NONE

9. Peju Province Winery– Variance Request #P04-0520 Var

California Environmental Quality Act (CEQA) Status: See item #10.

Request: Approval of a Variance to the winery road setback requirements set forth in Section 18.104.230 (B) of the County Code to allow a 450 square foot portion of a 975 square foot addition to a pre-1990 winery building to be constructed 15 feet closer to the centerline setback of State Highway 29. (The existing winery building sits 455 feet from the centerline of the Highway). This project is located on a 30 acre parcel on the east side of St. Helena Highway

(St. Highway 29) approximately 1/2 mile south of its intersection from Rutherford Road within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #: 030-150-011) 8466 St. Helena Highway, Napa. (Continued from February 16, 2005)

(HELD CONCURRENTLY WITH ITEM #10)

10. Peju Province Winery– Use Permit Minor Modification Request # P04-0432-Mod Minor
CEQA Status: Categorically Exempt pursuant to Section 15303 of the State CEQA Guidelines

(Class 3) – new construction of small structures.
Request: Approval to make a minor modification to Use Permit #U-178687 to construct a

975 square foot addition for office space. This project is located on a 30 acre parcel on the east side of St. Helena Highway (St. Highway 29) approximately ½ mile south of its intersection from Rutherford Road within an AP (Agricultural Preserve) zoning district. (Assessor’s

Parcel #: 030-150-011) 8466 St. Helena Highway, Napa. (Continued from February 16, 2005)

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.

DG-BF-RJ-JK-TS

THE COMMISSION APPROVED VARIANCE #P04-0520 VAR BASED ON FINDINGS

1 THROUGH 14 AND USE PERMIT MODIFICATION #P04-0432 MOD, BASED

ON FINDINGS 15 THROUGH 19 AND SUBJECT CONDITIONS OF APPROVAL

1 THROUGH 9. DG-BF-RJ-JK-TS

11.       Richard Barthelemy / Richard Barthelemy, Trustee and Cynthia Barthelemy, Trustee –           Tentative Parcel Map Request #02630-Pm
            CEQA Status: State CEQA Guidelines Section 15270 – CEQA does not apply to: (a) projects             which a public agency rejects or disapproves and (b) this section is intended to allow an initial     screening of projects on the merits for quick disapprovals prior to the initialization of the CEQA      process where the agency can determine that the project cannot be approved.
            Request: Approval to subdivide a parcel of approximately 40.0 acres into three parcels of         approximately 18.67 acres, 10 acres and 11.33 acres. This project is located at the terminus of

Steele Canyon Road approximately 1,100 feet north of its intersection with Headlands Drive within an RC (Residential Country) zoning district. (Assessor’s Parcel# 019-180-015)

1001 Steele Canyon Road, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION DENIED PARCEL MAP #02630-PM BASED ON

FINDINGS 8 AND 9. BF-DG-RJ-JK-TS

12.       John & Vera Marshall / Marshall Vineyards And Cellars – Use Permit Request #03526-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 20,000-gallon per year winery with:

(1) a 1,728 square foot existing structure, and 10,000 square feet of caves for a winery totaling 11,728 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for one entity utilizing 25% (5,000 gallons per year) of the total approved winery production capacity; (3) three full-time and one part-time employees; (4) eight parking spaces;

(5) tours and tasting a maximum of 15 people per day, 40 people per week by appointment only; and, (6) a marketing plan that includes: twelve promotional tours, tastings and meals per year for members of the wine trade with a maximum of twenty-five people at each event, and two Special Events per year for members of the wine trade with a maximum of eighty people at each event; and (7) a new septic system for the winery. The project is located on a 12.33-acre parcel on the south side of Chateau Lane approximately 430 feet from its intersection with Rapp Lane within an AW (Agricultural Watershed) zoning district. (APN# 052-170-020) 15 Chateau Lane, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS

1 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION.

DG-BF-RJ-JK-TS

THE COMMISSION APPROVED USE PERMIT #03526-UP BASED ON FINDINGS

10 THROUGH 14 AND CONDITIONS OF APPROVAL 1 THROUGH 22, AS AMENDED.

DG-BF-RJ-JK-TS

13. Peter Chow / Peter Chow & Victoria Speech Trust / Chow Family Winery –

            Use Permit Request #P04-0421-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 20,000 gallon per year winery with:

(1) construction of a new one-story building for a winery totaling 10,924 square feet; (2) an attached 1,360 square foot covered crush pad, a 1,675 square foot covered equipment area, and a 1,047 square foot covered porch; (3) the removal of 8.3 acres of vineyards; (4) replanting of

6.8 acres of vineyards; (5) four full-time and 8-10 part-time employees during crush and special events; (6) retail sales and tours and tasting by appointment only; and, (7) a marketing plan with 38 activities per year consisting of: 12 tours and tastings per year for wine trade personnel for 5 to 20 guests (10 average), eight during normal business hours, four in the evenings and on weekends; 12 private promotional dinners per year for 15 to 35 guests (25 average), all during evening hours; three private promotional dinners and tastings per year with an accessory musical program for

50 guests, all in the evening on weekends only; four private promotional tour, tasting and dinners per year for 50 to 100 guests (75 average), two during the day and two during the evening; three wine auction related events per year for 75 guests, afternoon or evening, weekdays and weekends during wine auction week; and four meetings per year of various wine-related organizations such as Vintners and Enologists, including dinner, tasting and speakers for 40 guests, during weekday evenings. The project is located on a 10.21 acre site (after a lot line adjustment) on the west side of St. Helena Highway (State Highway 29), ±925-feet south of Bella Oaks Lane within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcels #027-570-005, 006, and 010).

(Staff recommends the commission remove this item from this agenda due to a noticing error.

The item has been re-noticed for March 16, 2005)

ITEM REMOVED FROM AGENDA, AS NOTATED UNDER AGENDA REVIEW.

Other Business

14 City Referrals.

NONE

15. Discussion of items for the March 16, 2005 meeting.

STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED OF THE FOLLOWING:

A SPECIAL MEETING OF THE AIRPORT LAND USE COMMISSION (ALUC) IS SCHEDULED TO DISCUSS THE OAT HILL LAND USE PROPOSAL AS WELL AS A HOUSING PROJECT IN AMERICAN CANYON.

Peter Chow / Peter Chow & Victoria Speech Trust / Chow Family Winery – Use Permit Request #P04-0421-Up.

KAZUHIKO MARUYAMA / KENZO TSUJIMOTO – USE PERMIT REQUEST

#03513-UP.

BIALLA WINERY / VITO BIALLA – USE PERMIT REQUEST #P04-0515-UP.

15. Continued

HARNESS 65, L.P. – FINAL MAP AMENDMENT REQUEST #P05-0068-MAPA.

ELECTION OF COMMISSION OFFICERS.

CHAIR SCOTT STATED THAT BOTH HE AND COMMISSIONER GRAVES WILL BE EXCUSED THAT MEETING DUE TO OUT OF TOWN TRAVEL AND REQUESTED THE ELECTION OF OFFICERS BE POSTPONED.

LAURA ANDERSON, DEPUTY COUNTY COUNSEL, RESPONDED PURSUANT TO THE COMMISSION BYLAWS, ELECTIONS ARE TO BE HELD THE FIRST MEETING IN MARCH. SHE STATED ELECTION OF OFFICERS WILL BE AGENDIZED FOR MARCH 16, 2005, AND CONTINUED TO A FUTURE DATE WHEN ALL COMMISSIONERS WILL BE PRESENT.

16. Commissioner Comments.

COMMISSIONER KING STATED HE RECEIVED INFORMATION FROM DIRECTOR GITELMAN THAT THERE ARE FUNDS AVAILABLE FOR COMMISSIONERS TO ATTEND THE CALIFORNIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION’S (APA) CONFERENCE SCHEDULED FOR OCTOBER 2005 IN YOSEMITE. HE STATED THERE IS A WORKSHOP SCHEDULED ON WATER RESOURCES AS WELL AS A WORKSHOP SPECIFICALLY DESIGNED FOR PLANNING COMMISSIONERS AND THEIR ROLE. HE SAID THE CALIFORNIA COUNTY PLANNING COMMISSIONERS ASSOCIATION CONFERENCE MAY BE SCHEDULED AROUND THE SAME TIME.

17. Director's Report.

· Board of Supervisors Actions.

NOT DISCUSSED

· Compliance Report.

NOT DISCUSSED

· Other Department Activities.

NOT DISCUSSED

· Zoning Administrator Actions for February 2005.

NOT DISCUSSED

18. Future Agenda Items.

· #02082-UP, 1 YEAR AFTER OPENING

DEL DOTTO

· #03457-UP, 1 YEAR AFTER OPENING

TWO SISTERS/PECOTA

· #03318-UP, 1 YEAR AFTER OPENING

JOHN CALDWELL & VINEYARDS, LLC

Adjournment.

ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, MARCH 16, 2005 AT 9:00 A.M.

TERRY SCOTT, Chairperson

ATTEST: HILLARY GITELMAN

Secretary-Director

PAMELA MILLER, Clerk

Key

Vote: DG = David Graves; JK = Jim King; TS = Terrence Scott; RJ = Rich Jager; BF = Bob Fiddaman;

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