MINUTES OF THE MEETING OF T= HE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

September 1, 2004

1. &nb= sp; Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, SEPTEMBER 1, 2004, AT 9:00 A.M. THE ME= ETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:01 A.M.<= /p>

2.&n= bsp; = ; Roll Call.

THE FOLLOWING MEMBERS WERE PRESENT: CHAIRMAN TERRY SCOTT, COMMISSIONERS BOB FIDDAMAN, JIM KING AND JOHN DICKSON. COMMISSIONER DAVID GRAVES WAS EXCUS= ED.

3. = Pledge of Allegiance.=

= KATHERINE PHILIPPAKIS LED THE SALUTE TO THE FLAG.

4.&n= bsp; = ; Citizen Comments and Recommendations.

= NONE

&nb= sp;

5. = Approval of Minutes.<= /o:p>

APPROVED MINUTES OF T= HE MEETING HELD JULY 21, 2004.

= &nb= sp; = &nb= sp; = JD-BF-JK-DG-T= S

= &nb= sp; = &nb= sp; = &nb= sp; X

6. = Agenda Review.<= /span>

= STAFF REQUESTED THE FOLLOWING:

=

ITEM 9 - MARK GRASSI / CAMINO ORUGA GROUP, LLC – TENTATIVE PARCEL MAP REQUEST #P04-0266-PM BE MOVED TO ITEM 7 – ITEMS TO BE DECIDED WITHOUT ADDITIONAL TESTIMONY.

= ITEM 11 - OAKFORD VINEYARDS / KT WINECO, LLC – USE PERMIT REQUEST #04029-UP BE CONTINUED TO OCTOBER 20, 2004.

Public Hearings

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7. &nb= sp; Items to be decided without additional testimony.

SEE ITEMS 9 AND 11.

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8. &n= bsp; = ; Solari Estate Vineyards - Use Permit Request #P04-0204-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 a= rea: Aesthetics.&nbs= p;
Request: Approval o= f a Use Permit to establish a new 36,000 gallon per year winery with: (1) = construction of a new two-story winery building with a connected wine tasting building f= or a winery totaling 7,077 square feet; (2) a 1,224 square foot covered crush pa= d; (3) custom crushing activities (crushing, fermentation, barrel aging, bottl= ing and case storage) for up to 3 custom producers utilizing 40% (9,000 gallons per year) of the total approved winery production; (4) four full-ti= me and two part-time employees; (5) retail sales and tours and tasting by appointment only; (6) a marketing plan consisting of: three private promotional tastings= per month with catered meals for 15-25 guests for members of the wine trade; an= d, two private special events per year (one of which may be the Wine Auction a= nd one Grand Opening) with 80-120 guests; (7) a new septic system; (8) a new access drive off of Larkmead Lane; (9) a 30,000 gallon water tank; and (10) a 216 square foot mechanical building/pump house. The project is located on a 17.85 = acre parcel on the west side of Larkmead Lane,

±935-feet north of State Highway 29= , within an AP (Agricultural Preserve) zoning district. (Assessor’s Parcel #020-240-001) (Continued from August 04, 2004)

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 INCORPOR= ATED MITIGATION MEASURES AND ADOPTED THE MITIGATED MONITORING AND REPORTING PROG= RAM. &= nbsp; &nbs= p;

= &nb= sp; = &nb= sp; = JK-BF-DG-JD-T= S

= &nb= sp; = &nb= sp; = &nb= sp; X

THE COMMISSION APPROVED USE PERMIT #P04-0204-UP BASED ON FINDINGS 8 THROUGH 12, SUBJECT TO CONDITIO= NS OF APPROVAL 1 THROUGH 21, AS MODIFIED. = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; JK-JD-BF-DG-TS

= &nb= sp; = &nb= sp; = &nb= sp; X

9. &n= bsp; = ; Mark Grassi / Camino Oruga Gr= oup, LLC – Tentative Parcel Map Request #P04-0266-PM

CEQA Status: Negative Declaration Prepared.

Request: Request to subdivide two multi-tenant approved industrial structures into ten industrial condominium units and one common area parcel from a 1.67-acre parcel, located on the east side of Camino Oruga approximately 800 feet southeast of its intersection with Camino Dorado, within the Napa Vall= ey Airport Industrial Area and the GI:AC (General Industrial: Airport Compatibility) zoning district. (Assessor’s Parcel: #057-152-008), 190 Camino Oruga, Napa.

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED=

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9. &nbs= p; Continued

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THE COMMISSION APPROVED ENVIRONMENTAL RECOMMENDATIONS 1 THROUGH= 6 AND ADOPTED THE NEGATIVE DECLARATION.

= &nb= sp; = &nb= sp; = BF-JK-DG-JD-T= S

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THE COMMISSION APPROVED TENTA= TIVE PARCEL MAP #PO4-0266-PM BASED ON FINDINGS 9 THROUGH 15, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 9. &n= bsp; &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; BF-JK-DG-JD-TS

= &nb= sp; = &nb= sp; = &nb= sp; X

10. &= nbsp; William and Virginia Nemerever / Nemerever Winery – Use Permit Modification Request

#P04-0281-MOD

CEQA Status: Categorically Exempt, 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 §&n= bsp;15301).

Request:&= nbsp; Approval to modify Use Permit # 02510-UP to cha= nge the winery process wastewater disposal method from a pressure distribution syst= em to a “Hold and Haul” disposal method. Winery process wastewater will be = stored in underground tanks (totaling 6,000 gallons) and will be trucked 12 t= imes per year from the winery site to the East Bay Municipal Utilities District facility in Oakland= , California. The project is located on a <= /o:p>

10.08-acre parcel on the south side of Oakville Cross Road approximately t= wo miles east of its intersection with St. Helena Highway (State Highway 29) within an AP (Agricultural P= reserve) zoning district. = Assessor’s Parcel: #031-070-028;<= span style=3D'color:blue'> 711 Oakville Cross Road, Napa.

PUBLIC HEARING HE= LD – TESTIMONY PRESENTED

ENVIRONMENTAL RECOMMENDATION: THE COMMISSION FOUND THE PROJECT CATEGORICALLY EXEMPT; PURSUANT TO A 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 L= EAD AGENCY’S DETERMINATION; CEQA GUIDELINES SECTION 15301. BF-JD-JK-DG-TS

= &nb= sp; = &nb= sp; = &nb= sp; = X

THE COMMISSION APPROVED USE PERMIT MODIFICATION #PO4-0281-MOD BASED = ON FINDINGS 9 THROUGH 13, SUBJECT TO CONDITIONS OF APPROVAL 1 THROUGH 21. &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; BF-JD-JK-DG-TS

= &nb= sp; = &nb= sp; = &nb= sp; = X

11. &n= bsp; Oakford Vineyards / KT Wineco,= LLC – Use Permit Request #04029-UP

= CEQA Status: Negative Declaration Prepared.

Request: Approval of a Use Permit to establ= ish a new 5,000 gallon per year winery with:&nbs= p; (1) a new 13,802 square foot main building with attached storage buildings, 1,400 square feet of existing agricultural buildings (to be util= ized for storage) and no caves for a winery complex totaling 15,202 square feet;= (2) 3,582 square feet of covered worked areas; (3) = custom crushing activities (crushing, fermentation, barrel aging, bottling and ret= ail sales) for one custom producer utilizing 30% (1,500 gallons per year) of the total approved winery production capacity; (4) two full-time and two part-time (seasonal) employees; (5) six parking spaces; (6) tours and tasti= ng by prior appointment only with 40 visitors per week; (7) a marketing plan w= ith three activities per year with a maximum of 24 persons per event and two activities per year with a maximum of 40 persons per event; (8) improvements to an existing private access road; (9) an engineered wastewat= er system; and, (10) demolition of an existing residence and replacement with a winery. The project is locate= d on a 39.96 acre parcel off a private access road on the south side of Oakville G= rade approximately 400 feet north of its intersection from Acacia Avenue within an AW (Agricul= tural Watershed) zoning district. (Assessor’s Parcel: #027-360-018), 1575 Oakville Grade, <= st1:place w:st=3D"on">Napa.

PUBLIC HEARING OPENED – TESTIMONY PRESENTED UNDER AGENDA REVIEW.

PUBLIC HEARING CONTINU= ED TO OCTOBER 20, 2004.

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Other Business

12. &n= bsp; City Referrals.

NONE

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13. &n= bsp; Discussion of items for the September 15, 2004 meeting.

MR. LEDERER, DEPU= TY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE SEPTEMBER 15, 2004 MEETINGS:<= o:p>

= AIRPORT LAND= USE COMMISSION MEETING

NAPA GATEWAY LIMITED / GATEWAY SPORTS AND DAY CARE FACILITY - AIRPORT<= /b> LAND USE COMPATIBILITY DETERMINATION ALU-140.

=

HERSHEY VINEYARDS - AIRPORT LAND USE COMPATIB= ILITY DETERMINATION ALU-P04-0401.

=

= CITY OF AMERICAN CANYON / OAT HILL STUDY.

=

13.  = ;     Continued

=

= PLANNING COMMISSION MEETING

=

= PUTMAN LIVERMORE / NORMAN B. LIVERMORE & SONS / MONTESOL COMPANY – MODIFICATION #04078-MOD.

= =

= BAILEY / GARNETT WINERY.

= =

= SILVERADO NAPA CORPORATION – TENTATIVE PARCEL MAP REQUEST #04147-PM.

= =

= JOHN CALDWELL / <= span style=3D'text-transform:uppercase'>john Caldwell & CALDWELL VINEYARDS, LLC – USE PER= MIT REQUEST #03318-UP.

COMPLIANCE REPORT FOR SIGNORELLO LEFT TURN LANE.

=

14.          &n= bsp;   Commissioner Comments.

= COMMISSIONER DICKSON COMMENTED THAT HE HAS BEEN ASKED TO SERVE IN A PROGRAM CALLED VOLUN= TARY OPPORTUNITIES FOR THE WATERSHED. THE GROUP HAS MET TWICE AND IS BEING FACILITATED BY THE RESOURCE CONSERVATION DISTRICT (RCD). HE STATED THE= GROUP IS FORMULATING WHAT IT HOPES TO ACCOMPLISH AND HE WILL KEEP THE COMMISSION UPDATED.

=

= COMMISSIONER DICKSON REQUESTED DIRECTION FROM STAFF ADDRESSING CONCERNS RAISED BY NEIGHB= ORS REGARDING THE WATER FLOW ALONG MURPHY CREEK. HE STATED THAT IT IS A WELL KNOWN = AND DOCUMENTED FACT THAT THERE IS STEELHEAD POPULATION IN THE CREEK, AND HE REC= ENTLY RECEIVED A CALL FROM A NEIGHBOR WHO ADVISED THAT THE FLOW IN THE CREEK HAS STOPPED. AS A RESULT, THE NEI= GHBOR STATED THE FISH ARE IN DANGER AND SOME HAVE DIED.   THE NEIGHBOR INDICATED THAT IF SOMETHING WAS NOT DONE ABOUT THIS, HE WOULD FILE A LAWSUIT.

=

= PATRICK LYNCH, ACTING DIRECTOR OF CONSERVATION, DEVELOPMENT AND PLANNING, OFFERED SEVERAL OPTIONS AND SUGGESTED A SITE VISIT BE COORDINATED WITH COUNTY STAFF.

15.   &= nbsp;          Director's Report.

·        BOARD OF SUPERVISORS' ACTIONS

MR. LEDERER ADVISED OF THE FOLLOWING:

THE BOARD DID NOT MEET ON AUGUST 24, 2004.

THE BOARD MET ON AUGUST 3= 1, 2004 AND CONSIDERED THE APPEAL OF THE HARRISON USE PERMIT MODIFICATION. THE = ISSUE APPEALED WAS RELATED TO GROUNDWATER. AFTER APPROXIMATELY AN= HOUR AND A HALF OF TESTIMONY, THE BOARD DIRECTED STAFF TO SYNTHESIZE THE INFORMA= TION PROVIDED AND CONTINUED THE ITEM TO SEPTEMBER 28, 2004.=

ON SEPTEMBER 21, 2004, THE BOARD WILL HAVE A DISCUSSION REGARDING THE GENERAL PLAN UPDATE.<= /span>

= MR. LEDERER ALSO COMMENTED ON A PRESENTATION BY KATE DARGAN, COUNTY FIRE MARSHALL, REGARDING THE FIREWISE PROGRAM.&= nbsp; HE STATED THE PRESENTATION WAS VERY COMPELLING.

=

·      = COMPLIANCE REPORT

1.  =           DARIOUSH WINERY

= MR. LYNCH PRESENTED THE STAFF REPORT. &nb= sp; FOLLOWING DISCUSSION, MR. LYNCH ADVISED HE WILL SPEAK WITH THE APPLI= CANT REGARDING THE POSSIBILITY OF REDUCING THE SECURITY LIGHTING AND PROVIDE AN UPDATE TO THE COMMISSION.

=

2.&nb= sp;           COSE= NTINO WINERY

MR. LEDERER PRESENTED THE STAFF REPORT AND ADVISED THE ITEM SHOULD REALLY BE MUSTARDS AND COSENTINO SINCE BOTH ARE INTEGRALLY TIED TOGETHER.   BOTH HAVE APPLIED TO THE REGI= ONAL WATER QUALITY CONTROL BOARD (RWQCB) FOR PERMITS TO SEPARATE THEIR WASTEWATER DISPOSAL SYSTEMS.   MR. L= EDERER STATED IN APPROXIMATELY FOUR TO FIVE MONTHS FOLLOWING RWQCB CONCEPTUAL APPR= OVAL OF THE PERMITS, STAFF WILL SCHEDULE A JOINT PUBLIC HEARING FOR THREE CONCUR= RENT USE PERMITS.

·        OTHER DEPARTMENT ACTIVITIES

= NONE

=

=

16.&= nbsp;           &nbs= p; Future Agenda Items.

·        #02082-UP, 1 YEAR AFTER OPENING

·        #03457-UP, 1 YEAR AFTER OPENING

·        CRESTWOOD CENTER REVIEW, NOVEMBER 17, 2004

MR. LEDERER ADVISED OF THE FOLLOWING:

THE SPECIAL MEETING SCHEDULED FOR SEPTEMBER 29, 2004 REGARDING THE HOUSING ELEMENT HAS BEEN CANCELLED.

THE HOUSING ELEMENT WILL BE CONSIDERED AT THE REGULAR MEETING OCTOBER 6, 2004 AND AT A SPECIAL MEETING OCTOBER 13, 2004= .

Adjournment.

ADJO= URNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSIO= N, WEDNESDAY, SEPTEMBER 15, 2004 AT 9:00 A.M.

TERRY SCOTT, Chairperson

ATTEST:        &= nbsp;            PATRICK LYNCH

Acting Secretary - Dire= ctor

=

MICHELLE PRICE, Deputy = Clerk

Key

Vote:    DG =3D David Graves; JD =3D John Dickson; TS =3D Terrence Scott; BF =3D Bob Fiddam= an; JK =3D Jim King

The maker of the motion and second are refle= cted respectively in the order of the recorded vote.

Notations = under vote: N =3D No; A =3D Abstain= ; X =3D Excused