TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Laura Anderson, Deputy County Counsel
SUBJECT: Le Colline Vineyard Appeal - Findings of Fact
RECOMMENDATION
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County Counsel requests consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal filed by Center for Biological Diversity (Appellant) concerning the Le Colline Vineyard agricultural erosion control application (P14-00410-ECPA) submitted by Le Colline, LLC and Cold Springs, LLC (Applicant) to a decision made by the Designee of the Interim Director of the Planning, Building and Environmental Services (PBES) Department on March 24, 2023, to:
(1) certify the Final EIR prepared for the Le Colline ECPA (P14-00410-ECPA);
(2) adopt the findings required pursuant to the California Environmental Quality Act (CEQA) including, but not limited to, rejecting the Proposed Project, the No Project Alternative and the Reduced Intensity Alternative, finding the Increased Water Quality and Sensitive Habitat Protection Alternative as revised and as set forth in the FEIR (the Modified Project or the Water and Habitat Alternative) consistent with the Napa County General Plan;
(3) adopt the Mitigation Monitoring and Reporting Program;
(4) adopt the Modified Project Alternative; and
(5) approve ECPA No. P14-00410-ECPA as revised to reflect the Modified Project, which generally consists of increased stream setbacks to avoid areas with relative higher biological value, and provide for greater wildlife movement. The project site is located on 88.3-acres south of the community of Angwin, on the east side of Howell Mountain Road and west of Cold Springs Road, within the unincorporated portion of Napa County (County) and zoned Agricultural Watershed (AW) and general plan designated Agricultural, Watershed and Open Space (AWOS) on Assessor’s Parcel Numbers (APNs) 024-300-070, 024-300-071, 024-300-072, and 024-340-001.
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EXECUTIVE SUMMARY
At the appeal hearing on August 15, 2023, the Board heard and considered evidence submitted from Appellant, the Applicant, Staff and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to: (1) uphold the first, third, fourth, eighth and ninth grounds of appeal the appeal filed; (2) deny the second, fifth , sixth and seventh grounds of appeal; and (3) reverse the Director’s certification of the Final EIR and approval of the Modified Project. The Board directed Staff to return on November 7, 2023, with a Resolution of Findings of Fact and Decision on Appeal (the Resolution). Staff has prepared a proposed Resolution that reflects the Board's intent as expressed on August 15, 2023, which was shared with Appellant's and Applicant's respective counsel.
PROCEDURAL REQUIREMENTS.
1. Staff Report.
2. Chair invites Appellant, the Applicant and interested parties to comment on proposed findings. Comments are limited whether or not the Resolution accurately reflects the Board’s intent as expressed on August 15th.
3. Motion, second, discussion and vote on the findings.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Draft Environmental Impact Report (State Clearinghouse No. 2016042030) prepared (January 2019); Final Environmental Impact Report (FEIR) prepared (December 2022) and certified.
BACKGROUND AND DISCUSSION
At the appeal hearing on August 15, 2023, the Board heard and considered evidence submitted from Appellant, the Applicant, Staff and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to: (1) uphold the first, third, fourth, eighth and ninth grounds of appeal the appeal filed; (2) deny the second, fifth, sixth and seventh grounds of appeal; and (3) reverse the Director’s certification of the Final EIR and approval of the Modified Project. The Board directed Staff to return on November 7, 2023, with the Resolution. Staff has prepared a proposed Resolution that reflects the Board's intent as expressed on August 15, 2023, which was shared with Appellant's and Applicant's respective counsel. Neither Appellant nor Applicant had any comment. The public hearing is closed, and public comment is limited to whether or not the proposed Resolution accurately reflects the Board’s intent as expressed on August 15th.
Staff recommends that the Board adopt the Resolution and instruct the Clerk of the Board to serve the Resolution in compliance with Napa County Code Section 2.88.090(D).