TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Donald Barrella, Planner III
SUBJECT: KJS Investment Properties and Sorrento Inc. Appeal
RECOMMENDATION
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PUBLIC HEARING - Hyperion Vineyard Holdings (A.K.A KJS Investment Properties and Sorrento Inc.) Appeal No. P23-00350-APL.
Conduct a public hearing to consider adoption of additional conditions of approval agreed upon by Center for Biological Diversity (Appellant) and KJS Investment Properties and Sorrento, Inc. (KJS or Applicant) to resolve the appeal filed by Appellant, and to re-certify the Final Environmental Impact Report (FEIR) and affirm the project findings adopted by the Director of Planning, Building, and Environmental Services (PBES) on November 3, 2023. (No Fiscal Impact)
(CONTINUED FROM FEBRUARY 27, 2024, AND MAY 7, 2024)
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BACKGROUND
The matter before the Board involves a joint request by the Appellant and Applicant to resolve the appeal by adopting additional conditions of approval on the Agricultural Erosion Control Plan (ECPA) No. P17-00432-ECPA for KJS.
The appeal was filed by Appellant of Applicant’s Agricultural Erosion Control Plan (ECPA) No. P17-00432-ECPA and the approval made by the Director of PBES on November 3, 2023, to:
(1) certify the Final EIR prepared for the KJS ECPA (No. P17-00432-ECPA);
(2) adopt the findings required pursuant to the California Environmental Quality Act including, but not limited to, rejecting the Proposed Project, the No Project Alternative, and the Reduced Intensity and Increased Stream and Wetland Setback Alternative, finding the Reduced Vegetation Removal/Grading and Road Use Alternative (the Modified Project) as set forth in the FEIR 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. P17-00432-ECPA as revised to reflect the Modified Project.
The Modified Project reduced the overall footprint form 156.8 gross acers to 113.4 gross acres and associated road use and maintenance that reduces vegetation and woodland removal including, avoiding sensitive biotic communities and habitats of limited distribution (purple needlegrass grassland and blue wildrye grassland), increased avoidance of special-status plant and animal species and their habitats including mapped oak trees greater than 30 inches in diameter at breast height and areas generally containing higher biological diversity, provides for greater wildlife movement, and decreases surface water demand of the project.
The project site is located at 3380 and 3370 Sage Canyon Road, an approximate 950.9-acre holding situated in the Elder Valley Creek Drainage within the larger Lake Hennessey Sensitive Domestic Water Supply Drainage, approximately 10 miles east of the City of St. Helena, on the north side of Sage Canyon Road approximately 1.25 miles east of its intersection with Lower Chiles Valley Road (APNs 025-270-022 and 025-270-025).
On November 17, 2023, a timely Notice of Intent to Appeal was filed by the Appellant, and on December 5, 2023, the Appellant submitted a timely Appeal Packet.
On February 27, 2024, the Board opened the public hearing and continued to May 7, 2024, at 2:00 P.M. as requested by the Appellant, Applicant and Staff.
On March 4, 2024, a request for continuance was received from the Appellant to allow further settlement discussions with the Applicant. The public hearing was continued to June 25, 2024, at 2:00 p.m.
On June 11, 2024, the Applicant and the Appellant jointly advised PBES staff that a settlement had been reached. The parties jointly request the Board to impose additional conditions of approval on the project pursuant their settlement agreement (Attachment 1 - Exhibit A-1 Jointly Requested Additional Conditions of Approval, and Exhibit A-2 Donated Land). The County is not a party to the settlement agreement.
The additional conditions of approval agreed upon by the Appellant and Applicant amplify mitigation measures and conditions of approval, and the Reduced Vegetation Removal/Grading and Road Use Alternative, that were adopted by the PBES Director regarding oak woodland avoidance and preservation, biological resources, habitat value and connectivity, surface water use, GHG emissions and sequestration, and biological resources.
Staff has reviewed the additional conditions and determined that they are appropriate and result in a less impactful project with greater permanent preservation of oak woodlands, biological resources, and open space land. Staff has included new special Condition of Approval No. 23 into the Director’s conditions which incorporate the agreed upon settlement conditions specified in Attachment 1 (See Attachment 2 - Exhibit A Revised Conditions of Approval).
The ‘Revised ECP’ as a result of the settlement reduces the Modified Project by 25.6-acres from 113.4 gross acres to 88.8 gross acres, reduces the net planted acres by 17.7-acres from 80.5-acres to 62.8-acres, and reduces oak woodland removal by approximately 10.3-acres from 17.5-acres to approximately 7.2-acres. The additional conditions could also further reduce surface water use of the project by up to approximately 12-to-13-acre feet per year.
The Revised ECP and additional conditions of approval further reduce less than significant impacts of the Modified Project (as mitigated), and do not trigger any of the conditions requiring recirculation of the EIR under CEQA Guidelines Section 15073.5.
The Appellant and Applicant jointly request that the Board adopt the Revised Conditions of Approval containing the additional conditions to resolve the appeal (Attachment 2). Staff concurs with and supports the joint request to revise the Conditions of Approval.
Should the Board decline to impose the requested additional conditions of approval, the parties reserve the right to elect to proceed with a hearing of the pending appeal on its merits at a future date.
PROCEDURAL REQUIREMENTS/REQUESTED ACTIONS
1. Chair invites disclosures regarding any ex-parte communications or new Levine Act disclosures, if any.
2. Chair introduces item.
3. Staff Report presentation.
4. Chair invites Appellant, Applicant and interested members of the public to comment on the revised conditions of approval.
5. Chair closes the public hearing.
6. Board deliberations. A motion is made and seconded to:
a. Re-certify the Final EIR;
b. Affirm the project Findings (Attachment 3) adopted by the PBES Director on November 3, 2023; and
c. Adopt the Revised Conditions of Approval (Attachment 2).
Documents associated with No. P17-00432-ECPA and Appeal Record No. P23-00350-APL are available for review in the Napa County Department of Planning, Building and Environmental Services, and at https://www.pbes.cloud/index.php/s/dr4xHyB6RpioHyK
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
All County staff costs associated with this Appeal will be fully reimbursed by the Applicant on a time and materials basis as set forth in County Fee Policy 80.037 (c). |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
No |
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Future fiscal impact: |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Draft Environmental Impact Report (State Clearinghouse No. 2018092042) prepared (April 2021); Final Environmental Impact Report (FEIR) prepared (March 2023) and circulated March 17, 2023, and certified on November 3, 2023.