NAPA COUNTY

MINUTES OF THE MEETING OF T= HE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

September 15, 2004

1. &nb= sp; Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, SEPTEMBER 15, 2004, AT 9:00 A.M. THE ME= ETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 1:34 P.M.<= /p>

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

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

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

= NONE

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

NONE

5. = Agenda Review.<= /span>

BOB NELSON, SUPERVISING PLANNER, ADVISED OF THE FOLLOWING:

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THE APPLIC= ANT’S REPRESENTATIVE REQUESTED ITEM 8 - JOHN CALDWELL / JOHN CALDWELL & CALDWELL VINEYARD= S, LLC – USE PERMIT REQUEST #03318-UP BE CONTINUED TO OCTOBER 6, 2004.<= o:p>

= ;

A REQUEST = FOR CONTINUANCE WAS RECEIVED FOR ITEM 7 - SILVERADO NAPA CORPORATION – TENTATIVE PARCEL MAP REQUEST #04147-PM.&nb= sp; THE REQUEST WAS TO CONTINUE THE ITEM UNTIL AFTER A COURT HEARING DAT= E SET FOR NOVEMBER 19, 2004, WHICH WOULD BE THE DECEMBER 1, 2004 PLANNING COMMISS= ION MEETING.

= ;

A REQUEST FOR CONTINUANCE WAS RECEIVED FROM THE LAKE COUNTY PUBLIC WORKS DEPARTMENT AND A MEMBER OF THE LAKE COUNTY BOARD OF SUPERVISORS FOR ITEM 9 - PUTMAN LIVERMOR= E / NORMAN B. LIVERMORE & SONS / MONTESOL COMPANY – MODIFICATION #04078-MOD.

MR. NELSON SUGGESTED THAT THE PUBLIC HEARINGS BE OPENED AND TESTIMONY BE PRESEN= TED FOR ITEMS 7 AND 8 ABOVE AND THE DECISION TO CONTINUE THE ITEMS WOULD BE DETERMINED BY THE COMMISSION.

Public Hearings

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

= (SEE ITEM 8)

7.&n= bsp; = ; Silverado Napa Corporation – Tentative Parcel Map Request #041= 47-PM = &nb= sp; = &nb= sp;
California Environmental Quality Act (CEQA) Status:&n= bsp; 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 qualit= y, biological resources, geology & soils, hydrology & water quality and noise. &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp;
Request: Approval to d= ivide a ±455-acre site into two parcels consisting of 215 acres (Parcel 1)= and 240 acres (Parcel 2). The sit= e is generally located to the east of the Silverado subdivisions, south of Atlas Peak Road, and north of Monticello Ro= ad within the AW (Agricultural Watershed) zoning district. The Napa County Planning Commissio= n had approved this project on July 7, 2004.&nbs= p; However, due to incomplete noticing, the Planning Commission rescind= ed the project approval and a new hearing has been scheduled. No changes to the project have occ= urred since the previous hearing.

CHAIRMAN SCOTT RECUSED HIMSELF FROM THIS ITEM D= UE TO A POTENTIAL CONFLICT OF INTEREST.

PUBLIC HEARING HE= LD – 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. &= nbsp; &nbs= p; &= nbsp; JD-JK-DG-BF

THE COMMISSION APPROVED TENTATIVE PARCEL MAP #04147-PM BASED ON FINDINGS 9 THROUGH 14, SUB= JECT TO CONDITIONS OF APPROVAL 1 THROUGH 9, AS REVISED. = &nb= sp; = JD-JK-DG-BF

8. = John Caldwell / John Caldwell & Caldwell Vineyards, LLC – Use Per= mit Request #03318-UP
CEQA Status: Negative Declaration Prepared. According to the Negative Declarat= ion, the project will have no potentially significant impacts on the environment.

Request: Approval of a= Use Permit to establish a new 25,000-gallon per year winery with: (1) 16,9= 70 square foot of existing caves, for a winery totaling 16,970 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottli= ng) 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 wi= th a maximum of 8 people per day, 40 per week only; and, (6) a marketing plan th= at includes: 12 promotional tours, tastings and meals per year with a max= imum 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 maxim= um of fifty people. <= /span>

8. = Continued

This project is located on two parcels (pending a lot line adjustmen= t) 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) 270 Kreuzer Lane, Napa.

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO OCTOBER 6, 2004.

= &nb= sp; = &nb= sp; = &nb= sp; BF-JK-DG-JD-TS

9. &n= bsp; = ; Putnam Livermore / Norman B. Livermore & Sons / Montesol Company – Modification #04078-MOD
CEQA Status: Mitigated Negative Declaration Prepared. According to the Mitigated Negative Declaration, the proposed project would have, if mitigat= ion measures are not included, potentially significant environmental impacts in= the following areas: Hydrology & Water Quality, and Transportation & Tr= affic.

Request: Approval to modify Use Permit #940= 43-UP and to permit extraction of 185 acre feet per year of spring water from thr= ee bore holes on the Montesol Ranch property.= (The current Use Permit authorizes the extraction of 115 acre-feet p= er year from three bore holes.) = No site improvements or new construction are associated with this application. The water will be delivered to an off-site facility for commercial processing and bottling. The project area includes approxim= ately 800-acres of the ±9,000 acre Montesol Ranch on the east side of the = Lake County Highway (State Highway 29) approximately 600-feet south of the Napa-Lake County boundary within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcels 016-010-= 011 & 012, and

016-020-029). 5500 Lake County Highway= , Calistoga.

PUBLIC HEA= RING HELD – TESTIMONY PRESENTED

= ;

PUBLIC HEA= RING CONTINUED TO OCTOBER 6, 2004.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; BF-DG-JK-JD-TS

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Other Business

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10. &n= bsp; City Referrals.

= NONE

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11. &n= bsp; Discussion of items for the October 6, 2004 meeting.

= MR. LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE SEPTEMBER 29, 2004 PLANNING COMMISSION SPECIAL MEETING HAS BEEN CANCELLED.

<= span style=3D'font-family:"Times New Roman"'>11.= Continued

<= o:p>

= MR. LEDERER ADVISED THE FOLLOWING I= TEMS WILL BE CONSIDERED AT THE OCTOBER 6, 2004 MEETING:

= John Caldwell / John Caldwell & Caldwell Vineyards, LLC – Use Permit Request #03318-UP.<= /p>

= Putman Livermore / Norman B. Livermore & Sons / Montesol Company – Modification #04078-MOD.

= HURLEY’S JAMS AND JELLIES PROCESSING FACILITY.

= DUTCH HENRY WINERY USE PERMIT MODIFICATION.

12. &n= bsp; Commissioner Comments.

= COMMISSIONER KING REMINDED THE OTHER COMMISSIONERS TO SUBMIT THEIR REGISTRATION PAPERS F= OR THE FALL CONFERENCE TO RENE LEDERER.

= COMMISSIONER DICKSON ADVISED THAT HE WOULD NOT BE PRESENT AT THE OCTOBER 13 AND 20, 2004 MEETINGS.

= COMMISSIONER DICKSON WOULD LIKE TO SEE PUBLIC HEARING NOTICES FOR PROJECTS DISTRIBUTED EARLIER THEN WHAT IS CURRENTLY BEING DONE BY THE PLANNING DEPARTMENT.<= /o:p>

= MR. NELSON RESPONDED THAT PATRICK LYNCH, ACTING PLANNING DIRECTOR, IS AWARE OF = THE NOTICING CONCERNS AND IS ACTIVELY PURSUING AN EARLIER NOTICING PERIOD.=

13.&= nbsp; &nbs= p; Director's Report.

· BOARD OF SUPERVISORS' ACTIONS

= NONE

· = COMPLIANCE REPORT

SIGNORELLO

MR. LEDERER ADVISED HE SP= OKE WITH THE APPLICANT’S REPRESENTATIVE AND WAS TOLD THE IMPROVEMENT PLANS FOR THE LEFT TURN LANE WERE SIGNED OFF BY THE PUBLIC WORKS DEPARTMENT. HE STATED THE APPLICAN= T IS IN THE PROCESS OF TAKING BIDS, AND AS SOON AS A BID IS ACCEPTED THEY WILL COMMENCE CONSTRUCTION.

· OTHER DEPARTMENT ACTIVITIES

= NONE

14= . = Future Agenda Items.

· #02082-UP, 1 YEAR AFTER OPENING

· #03457-UP, 1 YEAR AFTER OPENING

· CRESTWOOD CENTER REVIEW, NOVEMBER 17, 2004

= MR. LEDERER ADVISED THAT THE OWNER OF THE RED HEN AND NEIGHBORS HAVE SUBMITTED COMPLAINTS AND COUNTER COMPLAINTS SINCE THE RECENT APPROVAL OF THE USE PERMIT. HE STATED AS A RESULT= OF THESE COMPLAINTS HE HAS SCHEDULED THE ISSUE FOR THE OCTOBER 20, 2004 PLANNI= NG COMMISSION MEETING.

Adjournment.

ADJO= URNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSIO= N, WEDNESDAY, OCTOBER 6, 2004 AT 9:00 A.M.

TERRY SCOTT, Chairperson

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BOB FIDDAMAN, Vice-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 reflected respectively in the order of t= he recorded vote.

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