NAPA COUNTY

MINUTES OF THE MEETING OF T= HE

CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION

COUNTY OF NAPA

December 1, 2004

1. &n= bsp; = ; Call to Order.

THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION OF THE COUNTY OF NAPA MET IN REGULAR SESSION, WEDNESDAY, DECEMBER 1, 2004, AT 9:00 A.M. THE ME= ETING WAS CALLED TO ORDER BY CHAIR SCOTT AT 9:06 A.M.<= /p>

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

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

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3. &n= bsp; = ; Pledge of Allegiance.<= o:p>

TOM CAREY, ATTORNEY, LED THE SALUTE TO THE FLAG.

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

= NONE=

5. &nb= sp; Approval of Minutes.

NONE

6. &nb= sp; Agenda Review.

= AGENDA REVIEWED –= ; NO CHANGES

Public Hearings

7. &nb= sp; Items to be decided wi= thout additional testimony.

&n= bsp; NONE

8. = John Cald= well / John Caldwell & Caldwell Vineyards, LLC – Use Permit Request #03318-UP
California Environm= ental Quality Act (CEQA) Status: Negative Declaration Prepared. According to the Negative Declarat= ion, the project will have no potentially significant impacts on the environment= .

8.&nb= sp; Continued

Request: Approval of a Use Permit to establ= ish a new 25,000-gallon per year winery with: (1) 16,970 square foot of exis= ting caves, for a winery totaling 16,970 square feet; (2) custom crushing activi= ties (crushing, fermentation, barrel aging and bottling) for up to four entities utilizing 40% (10,000 gallons per year) of the total winery production capa= city 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 eve= nt, two release events per year with a maximum of sixty people at each event an= d 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)

270 Kreuzer Lane, Napa. (Continued from September 15, Octo= ber 6, and November 17, 2004)

PUBLIC HEARING HELD – TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO DECEMBER 15, 2004.

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9. = Brian Kearney / C. Richard and Pamela Kramli= ch Trust – Use Permit Exception Request #P04-0433
CEQA Status: Categorically Exempt pursuant = to Section 15303 (d) of the California Environmental Quality Act (Class 3).

Request:&nbs= p; Approval of a Use Permit Exception to the Napa County Conservati= on Regulations to construct two retaining walls on slopes greater than 30% loc= ated on a 23.66 acre parcel approximately 1/2 mile northwest of the terminus of = Walnut Drive within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel #027-280-028)

1450 Walnut Drive, Napa.

PUBLIC HEARING HELD – TESTIMONY PRESEN= TED

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THE COMMISSION FOUND THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO CLASS 3 ̵= 1; THE CONSTRUCTION AND LOCATION OF LIMITED NUMBERS OF NEW, SMALL FACILITIES OR STRUCTURES; CEQA GUIDELINES SECTION 15303 (RATHER THAN 15301). &= nbsp; &nbs= p; &= nbsp; DG-BF-JK-JD-TS

THE COMMISSION APPROVED USE PERMIT EXCEPTION #P04-0433 FOR GROUND DISTURBANCE ON SLOPES EXCEEDING 30% BASED ON FINDINGS 9 THROUGH 17, SUBJECT TO CONDITIONS = OF APPROVAL 1 THROUGH 5.

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Other Business<= o:p>

10. &n= bsp; City Referrals.

NONE=

11. &n= bsp; Discussion of items fo= r the December 15, 2004 meeting.

= STEVE LEDERER, DEPUTY PLANNING DIRECTOR, ADVISED THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE DECEMBER 15, 2004 MEETING:= =

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

Sheri Hurley - Use Permit Request #04026-UP.

LES AND MARGARET CHAFEN ETAL / LES AND SCOTT CHAFEN / DUTCH HENRY WINERY - VARIANCE REQUEST #P04-0339-VAR AND USE PERMIT MINOR MODIFICATION REQUEST #P04-0338-MODMINOR.

ROBERT AND DOROTHY MULHOLLAND / LA CANTINA WINERY - USE PERMIT MODIFICATION REQUEST #P04-0477-MOD.

PHILLIP SMITH / SUZETTE MORI ETAL / INGLEWOOD VILLAGE BUSINESS PARK - USE PERMIT MODIFICATION REQUEST # P04-0428-MOD.

12. &n= bsp; Commissioner Comments.=

CHAIR SCOTT REPORTED HE HAS RECEIVED NUMEROUS COMMENTS FROM VARIOUS RESIDENTS OVER THE PAST SIX MON= THS IN REGARD TO HOW DANGEROUS THE ENTRANCE IS TO THE CARNEROS LODGE. RESIDENTS HAVE QUESTIONED WH= Y THE ENTRANCE WAS NOT ESTABLISHED ON OLD SONOMA ROAD.&= nbsp; CHAIR SCOTT STATED THAT THE ENTRANCE FROM OLD SONOMA ROAD WAS WHAT THE PLANNI= NG COMMISSION RECOMMENDED, BUT THE DECISION WAS OVERTURNED BY THE BOARD OF SUPERVISORS ON APPEAL.

MR. LEDERER COMMENTED CARNEROS LODGE IS UNDER NEW MANAGEMENT AND THEY ARE WORKING WITH CALTRANS A= ND NAPA COUNTY PUBLIC WORKS TO DETERMINE THE BEST WAY TO ACCESS THE PROJECT, INCLUDING THE POSSIBILITY OF REQUESTING A CHANGE TO THEIR USE PERMIT TO ACC= ESS THEIR ENTRANCE VIA OLD SONOMA ROAD TO OLD SONOMA HIGHWAY, INSTEAD OF THE CURRENTLY APPROVED DIRECT ACCESS TO OLD SONOMA HIGHWAY FROM HIGHWAY 12/121.=

12. = ; Continued

COMMISSIONER DICKSON C= OMMENTED THAT HIS LAST MEETING WILL BE DECEMBER 15, 2004, AS INSTRUCTED BY COUNTY COUNSEL. HE STATED HE HAS ENJOY= ED HIS TIME SERVING ON THE PLANNING COMMISSION AND BELIEVES NAPA COUNTY IS REALLY PRIVILEGED TO HAVE A FINE GROUP OF PLANNING COMMISSIONERS. COMMISSIONER DICKSON ALSO COMMENTE= D HE HAS ESPECIALLY ENJOYED WORKING WITH COUNTY STAFF. HE STATED THEY HELP MAKE THE COMMISSION’S JOB MUCH EASIER.

COMMISSIONER DICKSON REQUESTED COUNTY COUNSEL SEND HIM A LETTER STATING HIS SERVICE WILL NOT BE NEEDED AFTER DECEMBER 15, 2004.

CHAIR SCOTT SUGGESTED = THE COMMISSION HAVE A DISCUSSION WITH MS. GITELMAN, THE NEW PLANNING DIRECTOR. HE STATED HE THINKS= IT WOULD BE APPROPRIATE FOR COMMISSIONERS TO HAVE THE SAME TYPE OF DISCUSSION = WITH HER AS WITH THE BOARD OF SUPERVISORS.

COMMISSIONER KING COMMENTED ON THE RECENT ARTICLE IN THE NAPA VALLEY REGISTER REGARDING FROGS LEAP WINERY AND THEIR INVOLVEMENT IN GREEN FARMING= . HE STATED THERE ARE A LOT OF PEOPLE DOING AMAZING WORK IN THIS VALLEY WITHIN THE INDUSTRY.=

· DISCUSS TOPICS FOR JOI= NT BOARD OF SUPERVISORS AND COMMISSIONERS MEETING ON FEBRUARY 8, 2005

DISCUSSION HELD

MR. LEDERER SUMMARIZED= THE COMMISSION’S REQUEST FOR TOPICS TO BE DISCUSSED AT THE JOINT MEETING = WITH THE BOARD, AS FOLLOWS:

· GENERAL PLAN UPDATE AND THE ROLE OF THE PLANNING COMMISSION IN THE PROCESS.

· STAFFING PLAN FOR PUBLIC WORKS AND PLANNING IN REGARD TO THE GENERAL PLAN UPDATE, AS WELL AS WATER ISSUES.

· DISCUSSION OF COMPLIANCE PRIMARILY REVOLVING AROUND CONDITIONS OF APPROVAL INCLUDING THE CREATION OF DISINCENTIVES FOR PEOPLE TO NOT VIOLATE THOSE CONDITIONS OF APPROVAL.

· DESIGN REVIEW COMMITTEE.

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

·= ; = BOARD OF SUPERVISORS ACTIONS

MR. LEDER= ER REPORTED THE FOLLOWING:

THE BOARD ADO= PTED A RESOLUTION APPOINTING HILLARY E. GITELMAN AS THE NEW DIRECTOR OF CONSERVATION, DEVELOPMENT, AND PLANNING AND NAPA COUNTY ZONING ADMINISTRATOR.

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THE BOARD= HEARD TWO APPEALS ON NOVEMBER 30, 2004. ONE APPEAL WAS REGARDING THE SILVERADO COUNTRY CLUB PARCEL MAP AND T= HE OTHER APPEAL WAS REGARDING THE OUTPOST WINERY. THE BOARD DECLARED INTENT TO= DENY BOTH APPEALS AND UPHOLD THE PLANNING COMMISSION’S DECISION. COUNTY COUNSEL WILL PREPARE FINDINGS FOR CONSIDERATION BY THE BOARD IN A COUPLE OF WEEKS. =

·= ; = COMPLIANCE REPORT

NONE=

·= ; = OTHER DEPARTMENT ACTIVITIES

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14. &n= bsp; Zoning Administrator a= ctions for October and November, 2004.

NONE=

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

· #02082-UP, 1 YEAR AFTER OPENING

· #03457-UP, 1 YEAR AFTER OPENING

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MR. LEDERER ADVISED OF= THE FOLLOWING:

THE AGENDA FOR THE DECEMBER 15, 2004 PLANNING COMMISSION MEETING IS FULL.

THERE IS ONLY ONE ITEM SCHEDULED FOR THE JANUARY 5, 2005 PLANNING COMMISSION MEETING, AND THE APPLICANT WILL NOT BE READY, SO THERE WILL LIKELY BE NO MEETING.=

THE AGENDA FOR THE JAN= UARY 19, 2005 PLANNING COMMISSION MEETING IS FULL.

THE AIRPORT LAND USE COMMISSION WILL MEET ON FEBRUARY 2, 2005. THE CITY OF AMERICAN CANYON IS TARGETING THAT DATE TO BRING THE OAT HILL PROJECT BACK TO THE COMMISSION= FOR FURTHER DISCUSSION.

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Adjournment.

ADJO= URNED TO THE REGULAR MEETING OF THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSIO= N, WEDNESDAY, DECEMBER 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