TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Kelli Cahill, Planner III
SUBJECT: Sentinel LLC/Inglenook Residence Appeal
RECOMMENDATION
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PUBLIC HEARING - Sentinel LLC/Inglenook Residence Appeal
Move to continue the public hearing for an appeal filed by Water Audit California (Appellant) to the Napa County Planning Commission’s decision on November 15, 2023, to approve a Use Permit Exception to the Conservation Regulations (No. P22-00404-UP) filed by Adobe Associates, Inc. on behalf of Niebaum-Coppola Estate Winery LP (Applicant) to allow a private access road to encroach into the creek setback in order to serve existing agricultural structures and a potential future residence. (No Fiscal Impact)
(CONTINUED FROM AUGUST 20, 2024. APPELLANT, APPLICANT, AND STAFF REQUEST A CONTINUANCE TO DECEMBER 3, 2024, AT 9:00 AM.)
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BACKGROUND
The matter before the Board involves an appeal filed by the Appellant to decisions made by the Napa County Planning Commission on November 15, 2023, to: (1) adopt a Mitigated Negative Declaration; and (2) Approve Use Permit Exception to the Conservation Regulations No. P22-00404, to allow improvements to a private access road serving existing agricultural structures and a future residence to encroach into the minimum required 45- to 55-foot creek setback from the top of bank of Bear Creek.
The project site is approximately three miles from the City of St. Helena municipal boundary, has a General Plan land use designation of Agriculture, Watershed and Open Space (AWOS), and is located in the Agricultural Watershed (AW) zoning district, APN 027-200-017 and 027-210-032.The project is along an existing private driveway to a parcel utilized for agricultural storage that includes several existing barns where a future residence is proposed (027-200-017). The proposed driveway improvements involving road widening is proposed along the existing driveway where portions are located within the setback of Bear Creek.
On November 27, 2023, a timely Notice of Intent to Appeal was filed by the Appellant, and on December 11, 2023, the Appellant submitted a timely Appeal Packet. The public hearing was opened on February 27th and continued to March 12th, June 11th, August 20th, and November 12th to allow the parties the opportunity to resolve the appeal. The Appellant and Applicant have reached a settlement but request a continuance to allow staff time to revise the conditions of approval for adoption by the Board. All parties request that the hearing be continued to December 3, 2024, at 9AM.
Staff, Appellant and Applicant presentations and public testimony will not occur at the November 12, 2024 hearing. Documents associated with No. P22-00404-UP and this appeal record (No. P23- 00356 -APL) are available for review in the Napa County Department of Planning, Building and Environmental Services, and at https://experience.arcgis.com/experience/e689ed72576041f2ad40b3e8c0f25206/#data_s=id%3AdataSource_1-Current_PBES_Projects_Public_8744%3A1175.
Requested Actions:
1. Chair introduces the item and opens the public hearing;
2. Motion by a Board member, second by another Board member, and a vote by the Board to continue the hearing to December 3, 2024, at 9:00 a.m.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following area: Biological Resources. The project site is not included on a list of hazardous materials sites enumerated under Government Code Section 65962.5.