TO: Board of Supervisors
FROM: Jeffrey M. Brax, County Counsel
REPORT BY: Jason M. Dooley, Deputy County Counsel
SUBJECT: Mountain Peak Winery Resolution of Findings of Fact and Decision on Remand
RECOMMENDATION
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County Counsel requests consideration and adoption of a Resolution of Findings of Fact and Decision on Remand regarding the Consolidated Appeals of Kosta M. Arger, Cynthia Grupp, William Hocker, and Glenn Schreuder to the decision made by the Napa County Planning Commission on January 4, 2017, to approve the Mountain Peak Winery/Mountain Peak Vineyards, LLC Use Permit No. P13-00320-UP (the Project).
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EXECUTIVE SUMMARY
After the Napa County Superior Court ordered the Board to consider specific new evidence related to its August 22, 2017 decision on the consolidated appeals, the Board held a remand hearing on May 18, 2021. The Board heard and considered a report from staff, presentations from the Appellants and the Applicant, and comments from members of the public regarding the new evidence. After considering the new evidence in the context of the entire record on appeal, the Board closed the public hearing and adopted a motion of intent to affirm the previous decision of the Board on appeal, upholding the Planning Commission's approval of the Project. The Board directed staff to return on July 13, 2021, with a Resolution of Findings of Fact and Decision on Remand (the Resolution) reflecting the Board's intent as expressed.
Staff has prepared a proposed Resolution that reflects the Board's intent as expressed on May 18, 2021, together with modified conditions of approval, which were shared with Appellants' and Applicant's respective counsel on June 17, 2021. The Applicant's counsel and Appellants' counsel both suggested non-substantive edits, which staff incorporated into the final draft. Appellants' counsel also requested new recitals relating to the proceedings in the Superior Court and Court of Appeal, and made comments disputing specifi...
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