MINUTES OF THE MEETING OF THE
CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION
COUNTY OF NAPA
May 4, 2005
1. Call to Order.
THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, MAY 4, 2005
AT 9:00 A.M. THE MEETING WAS CALLED TO ORDER BY CHAIR FIDDAMAN
AT 9:03 A.M.
2. Roll Call.
THE FOLLOWING MEMBERS WERE PRESENT: CHAIR BOB FIDDAMAN, COMMISSIONERS RICH JAGER, TERRY SCOTT, DAVID GRAVES AND JIM KING.
3. Pledge of Allegiance.
HILLARY GITELMAN, DIRECTOR, CONSERVATION, DEVELOPMENT AND PLANNING, LED THE SALUTE TO THE FLAG.
4. Citizen Comments and Recommendations.
CHAIR FIDDAMAN PRESENTED IMMEDIATE PAST CHAIR SCOTT A PLAQUE OF APPRECIATION FROM THE COMMISSION IN RECOGNITION OF HIS TENURE AS CHAIR.
5. Approval of Minutes.
NONE
6. Director’s Report.
MS. GITELMAN REPORTED SHE DISTRIBUTED A LETTER ADDRESSED TO INTERESTED PARTIES DATED APRIL 26, 2005 REGARDING THE PROCESSING PROCEDURES FOR CUSTOM CRUSH WINE PRODUCTION APPLICANTS. SHE STATED THE COMMISSION RECEIVED A COPY OF THE LETTER TODAY AND COPIES FOR THE PUBLIC WERE ALSO AVAILABLE. MS. GITELMAN SAID THE PROCEDURE HAD NEVER BEEN CODIFIED, THIS LETTER CLARIFIES CUSTOM CRUSH IS A BUSINESS ARRANGEMENT, AND THE FULL IMPACTS OF WINERY PRODUCTION SHOULD BE EVALUATED CONSISTENT WITH THE WINERY’S PRODUCTION CAPACITY LIMIT.
SHE STATED PREVIOUSLY APPROVED USE PERMITS AND MODIFICATIONS RELATED TO CUSTOM CRUSH ARE STILL IN EFFECT AND THE CONDITIONS APPLIED AT THE TIME OF APPROVAL WILL APPLY UNTIL SUCH TIME AS THE APPLICANT WOULD CHOOSE TO COME BACK TO MODIFY THE CONDITIONS OF APPROVAL.
7. Agenda Review.
AGENDA REVIEWED – NO CHANGES
8. Items to be decided without additional testimony.
(SEE ITEM 11)
Public Hearings
9. Cindy Pawlcyn / Mustards,
Inc. – Use Permit Modification Request #03460-UP
California Environmental Quality Act (CEQA) Status: Mitigated Negative
Declaration Prepared. According to the Mitigated Negative Declaration,
the proposed project would have, if mitigation measures are not included, a potentially
significant environmental impact in the following area: noise.
Request: Approval of a Use Permit Modification to: (1) disestablish and
dismantle parts of the current wastewater system used by Mustards Grill and the
neighboring Cosentino Winery; (2) to implement the transition plan (dated March
17, 2005) which will disconnect both parties from the current system, maintain
safe treatment and disposal during construction, and ultimately reestablish
flows to the new systems; (3) establish a new wastewater system for Mustards;
(4) Close pond 2 on the Mustards property; (5) process a minor lot line adjustment (LLA);
(6) construct a 100 square foot utility building; (7) construct a gravel road along the south side of the disposal field to provide access to the utility building; and, (8) rehabilitate an existing drainage ditch. This project is located on a 6.4-acre parcel on the west side of St. Helena Highway
(State Highway 29) approximately 1,000 feet south of Yount Mill Road within a CL (Commercial Limited) and an AP (Agricultural Preserve) split zoning district.
(Assessor’s Parcel # 027-500-014) 7399 St. Helena Highway, Napa, CA.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS
1 THROUGH 6 AND ADOPTED THE NEGATIVE DECLARATION, PROJECT REVISION STATEMENT AND MITIGATION MONITORING PLAN.
JK-DG-RJ-TS-BF
THE COMMISSION APPROVED USE PERMIT #03460-UP BASED ON FINDINGS
9 THROUGH 13 AND SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 12,
AS MODIFIED. JK-DG-RJ-TS-BF
10. Gary
Houck – Viewshed Request #P05-0005-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 and biological
resources.
Request: Approval under the Viewshed Protection Program to
construct a two-story 8,219 square foot main residence and an approximate
10,000 square foot separate landscaped yard area located predominantly
on a major ridgeline as defined in 18.106.020 of the Napa County Code and a 1,200
square foot second unit and a 1,000 square foot guest cottage located 25-feet
below the
10. Continued
major ridgeline. (These two units are proposed to be constructed on the property at a later date, under a separate Viewshed Protection Program application, however, are included in the environmental review of this application as part of the entire project.) The project site is on a 41.35-acre parcel, located on a private driveway approximately 1,300-feet west of Soda Canyon Road and 3.5 miles north of its intersection with Silverado Trail within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #: 039-640-001) 2275 Soda Canyon Road, Napa.
PUBLIC HEARING OPENED – TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO MAY 18, 2005 AT 9:00 A.M.
DG-JK-RJ-TS-BF
N N
11. Janet Pagano / Mark Nelson & Dana Johnson / Nelson-Johnson Winery –
Use
Permit Modification Request #P05-0067-MOD
CEQA Status: Categorically Exempt pursuant to Section 15301 of the
California Environmental Quality Act (Class1 – minor alterations of
existing facilities)
Request: Approval to modify Use Permit #02541-UP to permit a hold and haul wastewater system for all wastewater produced by an approved 18,000 gallons/year winery. The project is located on a 76.24 acre parcel on the south side of Long Ranch Road approximately 2.8 miles southeast of its intersection with Sage Canyon Road within the AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #032-030-058), 255 Long Ranch Road, St. Helena.
THE COMMISSION FOUND THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES – CLASS 1) AND 15303 (NEW CONSTRUCTION OF SMALL FACILITIES – CLASS 1).
TS-DG-RJ-JK-BF
THE COMMISSION APPROVED USE PERMIT MODIFICATION #P05-0067-MOD BASED ON FINDINGS 8 THROUGH 12 AND SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 21.
TS-DG-RJ-JK-BF
Other Business
12. City Referrals.
NONE
13. Discussion of General Plan Update Status and the role of the Planning Commission.
MS. GITELMAN PROVIDED THE FOLLOWING STATUS REPORT ON THE GENERAL PLAN UPDATE:
· THE SEVEN COMMUNITY WORKSHOPS ARE COMPLETED AND A SUMMARY OF THOSE WORKSHOPS ARE NOW AVAILABLE ON THE COUNTY’S WEBSITE;
· THERE IS A COMMON VISION OF AGRICULTURAL PRESERVATION;
· AREAS OF FOCUS IN THE FUTURE WILL BE AREAS OF DISAGREEMENT;
· THE GENERAL PLAN UPDATE WAS DISCUSSED IN DEPTH AT THE BOARD OF SUPERVISORS’ (BOARD) RETREAT HELD IN EARLY APRIL, AT WHICH STAFF AND SEVERAL COMMISSIONERS WERE PRESENT. THE BOARD DISCUSSED TOPICS THAT SHOULD BE ELEVATED TO GENERAL PLAN ELEMENTS AND THEIR RESPECTIVE TOPICS;
· THE STATE REQUIRES A MINIMUM OF SEVEN ELEMENTS AND THE BOARD CREATED EIGHT BY ADDING ECONOMIC DEVELOPMENT AS AN ELEMENT. THE BOARD ALSO ADDED AGRICULTURAL PRESERVATION IN THE TITLE OF THE LAND USE ELEMENT;
· HISTORIC PRESERVATION AND WATER USE MAY BE ELEVATED TO AN ELEMENT LEVEL;
· THE BOARD CREATED A DRAFT DOCUMENT OF GENERAL PLAN GUIDING PRINCIPLES;
· THE BOARD DIRECTED STAFF TO CREATE A CITIZEN’S STEERING COMMITTEE AND A RESOLUTION TO FORMALIZE THAT DIRECTION WILL BE AGENDIZED FOR THE BOARDS’ APPROVAL ON MAY 10, 2005. STAFF’S GOAL IS TO HAVE THE STEERING COMMITTEE OPERATIONAL BY THE END OF JULY 2005;
· STAFF IS WORKING ON DISTRIBUTING REQUESTS FOR PROPOSALS (RFP) FOR CONSULTANTS TO ASSIST IN THE PLANNING PROCESS AND PREPARATION OF THE PROGRAM LEVEL ENVIRONMENTAL IMPACT REPORT (EIR);
· STAFF WILL MEET WITH EACH CITIES’ PLANNING COMMISSION AS WELL AS CIVIC ORGANIZATIONS AND OTHER INTERESTED COMMUNITY GROUPS TO PROVIDE THEM AN UPDATE;
· STAFF WILL PROVIDE REGULAR UPDATES TO THE COMMISSION AND SCHEDULE JOINT UPDATE MEETINGS WITH THE BOARD.
CHAIR FIDDAMAN COMMENTED HE WAS DISAPPOINTED THAT THE COMMISSION WILL NOT BE MORE DIRECTLY INVOLVED IN THE PROCESS. HE ALSO STATED HE WAS DISAPPOINTED THAT THE BOARD DID NOT RECOGNIZE THE NEED FOR A BALANCE BETWEEN HOUSING AND JOBS AS A GUIDING PRINCIPLE.
COMMISSIONER KING EXPRESSED HIS CONCERN THAT THE COMMISSION WAS NOT ALLOWED TO BE REPRESENTED ON THE STEERING COMMITTEE. HE ALSO AGREED WITH CHAIR FIDDAMAN WITH RESPECT TO THE JOBS AND HOUSING BALANCE GUIDING PRINCIPLE. HE STATED THAT WHILE HE
13. Continued
SUPPORTS THE IMPORTANCE OF HISTORIC PRESERVATION, GREATER EMPHASIS SHOULD BE PLACED ON THE JOBS AND HOUSING BALANCE.
COMMISSIONER SCOTT STATED HE FELT FOUR APPOINTEES PER SUPERVISOR ON THE STEERING COMMITTEE WAS EXCESSIVE AND SUGGESTED THREE APPOINTEES BE A MORE APPROPRIATE NUMBER, AS IT WOULD BE EASIER TO REACH CONSENSUS. HE ALSO STATED HIS AGREEMENT ON THE JOBS AND HOUSING BALANCE AS A GUIDING PRINCIPLE. HE SUGGESTED A CHANGE IN THE LANGUAGE OF ONE OF THE GUIDING PRINCIPLES FROM, “LAND USE DECISIONS SHOULD BE INFORMED BY PHYSICAL PARCEL CHARACTERISTICS AND MAXIMUM BENEFITS TO THE COMMUNITY”, TO EITHER, “LAND USE DECISIONS SHOULD CONSIDER PHYSICAL PARCEL…”, OR, “LAND USE DECISIONS SHOULD BE GUIDED BY PHYSICAL PARCEL…..”.
DEBORAH BLODGETT, WINE GROWERS OF NAPA COUNTY, COMMENTED ON THE BOARD RETREAT AND THE PROCESS THE BOARD USED TO DECIDE NOT TO HAVE PLANNING COMMISSIONERS ON THE STEERING COMMITTEE AND NOTED THE CONSTRAINTS ADHERING TO THE BROWN ACT WOULD PLACE ON SUCH PARTICIPATION.
JEFFREY WARREN STATED HE ATTENDED A PORTION OF THE BOARD’S RETREAT AND COMMENTED ON THE HEAVY EMPHASIS PLACED ON RESPECT FOR PRIVATE PROPERTY RIGHTS AND EXPRESSED HIS DISAPPOINTMENT THAT THIS TOPIC WAS NOT PRESENT IN THE GUIDING PRINCIPLES.
MS. GITELMAN RESPONDED THAT THE GUIDING PRINCIPLE RELATING TO EMPOWERING CITIZENS WAS DRIVEN BY PROPERTY RIGHTS.
14. Discussion of items for the May 18, 2005 Meeting.
STEVEN LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED OF THE FOLLOWING:
THERE IS A SPECIAL AIRPORT LAND USE COMMISSION (ALUC) MEETING SCHEDULED WHICH WILL OCCUR AFTER THE PLANNING COMMISSION MEETING.
THE PLANNING COMMISSION WILL HEAR THE FOLLOWING MATTERS:
GARY HOUCK – VIEWSHED REQUEST #P05-0005-VIEW
MATCH
PROPERTIES, LLC / MATCH VINEYARDS – USE PERMIT REQUEST #03409-UP
THE ALUC WILL HEAR THE FOLLOWING MATTERS:
14. Continued
CABERNET CONSTRUCTION & DEVELOPMENT, INC. / ANTHONY & SHIRLEY KALAMARAS / CABERNET VILLAGE OFFICE BUILDING. AIRPORT LAND USE COMPATIBILITY DETERMINATION (P05-0141-ALU)
STEVEN GIOVANNONI / AMERICAN COMMUNITIES / AMERICAN BUSINESS PARK. AIRPORT LAND USE COMPATIBILITY DETERMINATION (P05-0166-ALU)
GRIFFIN MOLINARI CONSTRUCTION / McMAHON FAMILY
REAL ESTATE
PARTNERSHIP. AIRPORT LAND USE COMPATIBILITY DETERMINATION
(P05-0172-ALU)
ADDITIONALLY, A REPORT WILL BE PRESENTED BY MEAD AND HUNT ON FLIGHT PATTERNS IN RELATION TO THE OAT HILL PROJECT, AND A JOINT MEETING IS SCHEDULED WITH THE AIRPORT ADVISORY COMMISSION FOR
A LUNCHEON AND AIRPORT TOUR.
15. Commissioner Comments.
NONE
16. Zoning Administrator Action for April 2005.
NONE
17. Deputy Directors Report.
· Board of Supervisors Actions.
MR. LEDERER REPORTED THE FOLLOWING:
AT THEIR APRIL 26, 2005 MEETING, THE BOARD OF SUPERVISORS ADOPTED THE TECHNICAL CLEAN UP ORDINANCE AS WELL AS THE PROCEDURAL CHANGES OF THE CONSERVATION REGULATIONS ORDINANCE. HE REPORTED THEY DID NOT ADOPT THE ORDINANCE RELATING TO POLITICAL SIGNS, WHICH THE BOARD REMANDED BACK TO STAFF FOR FURTHER WORK.
· Compliance Report.
NOT DISCUSSED
· Other Department Activities.
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
MR. LEDERER REPORTED KATE DARGAN, FIRE MARSHAL, REQUESTED TO PRESENT AN UPDATE TO THE COMMISSION ON THE FIREWISE PROGRAM. HE STATED THE RED HEN, WHICH IS A BALLOON LAUNCHING SITE, REQUESTED AN EXTENSION TO THEIR USE PERMIT WHICH EXPIRES JULY 31, 2005, AND THE HEARING ON THE REQUEST FOR EXTENSION WILL BE SCHEDULED DURING ONE OF THE JUNE COMMISSION MEETINGS.
BOB NELSON, SUPERVISING PLANNER, REPORTED DAVE DEL DOTTO
(DEL DOTTO WINERY) MET WITH STAFF AND EXPRESSED HIS DESIRE TO MOVE FORWARD WITH THE IMPROVEMENTS TO PHASE ONE OF HIS PROJECT, WHICH IS A SMALLER VERSION OF THE PREVIOUSLY APPROVED CUT AND COVER CAVE. PHASE TWO, WHICH INCLUDES THE FINAL APPROVAL OF THE BUILDING, WILL BE SCHEDULED BEFORE THE COMMISSION IN THE FUTURE. MR. NELSON STATED THAT MR. DEL DOTTO WAS ADVISED THAT BY BEGINNING THE WORK ON PHASE ONE, HE IS REQUIRED TO PAY A DEPOSIT AND THAT BEGINS THE TIME PERIOD FOR THE ONE YEAR OPERATIONS REVIEW. HE SAID STAFF RECEIVED THE NECESSARY DOCUMENTS REGARDING THE ADDITIONAL APPROVAL OF RIGHT-OF-WAY FROM THE WINE TRAIN AND NOTED THAT MR. DEL DOTTO HAS NOT YET RECEIVED THE FINAL APPROVAL.
Adjournment.
ADJOURNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION, WEDNESDAY, MAY 18, 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