TO: Board of Supervisors
FROM: Thomas Zeleny - Interim County Counsel
REPORT BY: Jason Dooley - Deputy County Counsel
SUBJECT: Walt Ranch Appeal Findings of Fact
RECOMMENDATION
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SET MATTER 11:00 AM (Walt Ranch)
County Counsel requests consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Center for Biological Diversity (Appellant) to a decision by the Director of the Napa County Department of Planning, Building and Environmental Services on October 6, 2021, to approve a revision to Mitigation Measure 6-1 and to incorporate the revised mitigation measure into the Mitigation Monitoring and Reporting Plan applicable to the Walt Ranch Vineyards Agricultural Erosion Control Plan - File No. P11-00205-ECPA submitted by Hall Brambletree Associates, LP (Applicant) to allow earthmoving associated with the development of approximately 209 net acres of vineyard (±316 gross acres) (the Project).
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EXECUTIVE SUMMARY
At the appeal hearing on December 14, 2021, 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 deny the Appeal in its entirety and uphold the Director’s approval of the revised Mitigation Measure 6-1, with modifications as recommended by staff. The Board directed Staff to return on February 8, 2022, with a Resolution of Findings of Fact and Decision on Appeal that reflects the Board’s intent as expressed on December 14, 2021. Staff has prepared a proposed Resolution that accurately reflects the Board’s intent as expressed on December 14, 2021. The proposed Resolution was shared with Appellant’s and Applicant’s respective counsel and neither had substantive comments. 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 December 14, 2021.
PROCEDURAL REQUIREMENTS:
1. Staff Report.
2. Chair invites Appellant, the Applicant, and interested parties to comment on the proposed findings.
3. Motion, second, discussion, and vote on the Resolution.
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: The Final Environmental Impact Report was certified on August 1, 2016 (State Clearinghouse No. 2012-02046); an Addendum was prepared to analyze the impact and effectiveness of the revised Mitigation Measure 6-1.
BACKGROUND AND DISCUSSION
At the appeal hearing on December 14, 2021, 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 deny the appeal filed by Appellant and uphold the Director’s approval of the revised Mitigation Measure 6-1, with modifications adopted by the Board at the hearing. Per the Board’s direction, Staff modified the revised Mitigation 6-1 as follows:
- The monitoring period for trees planted pursuant to the Mitigation Measure 6-1 was increased from five to seven years.
- The tree planting program was added to the Biological Resource Management Plan.
- The total number of trees to be planted was increased from 16,790 to 17,137 to ensure that the number of trees resulting from tree planting would match or exceed the number of trees removed for project development.
- Removal of voluntary planting of additional trees conditioned on lack of filing of an administrative appeal.
- Non-substantive edits and corrections relating to the acreage in the conservation easement.
The Board directed Staff to return on February 8, 2022, with a Resolution of Findings of Fact and Decision on Appeal that reflects the Board’s intent as expressed on December 14, 2021. Staff has prepared a proposed Resolution that accurately reflects the Board’s intent as expressed on December 14, 2021. The proposed Resolution was shared with Appellant’s and Applicant’s respective counsel and [neither had substantive comments/substantive comments have been considered and incorporated/rejected.] The public hearing is closed. Public comment on this item is limited to whether the proposed Resolution accurately reflects the Board’s intent as expressed on December 14, 2021. 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).