Inter-Departmental Correspondence

Planning and Building Department


May 21, 2010


June 8, 2010







Honorable Board of Supervisors



Jim Eggemeyer, Interim Director of Community Development



First Amendment to Agreement with LSA Associates, Inc. for the Preparation of a Revised Environmental Impact Report for the Clos de la Tech Winery Project




Adopt a Resolution authorizing the President of the Board to execute a First Amendment to the Agreement with LSA Associates, Inc. to prepare Revised Draft and Final Environmental Impact Reports for the Clos de la Tech Winery project to amend the Scope of Work and to increase the maximum amount payable thereunder by $38,180, from $167,714 to $205,894


Approve an Appropriation Transfer Request (ATR) in the amount of $38,180 from Unanticipated Revenue to Contractual Services



The applicant, TJ Rogers, is proposing to establish a winery within existing caves on the project parcel. Within the caves will be winery operations (crushing, bottling, and storage), winery offices, and living quarters for up to six people. At a different location on the property will be living quarters for 12 farm laborers. The grapes for the winery will be grown on-site. The applicant is also proposing a zoning text amendment that would change the zoning designation of the project parcel from Resource Management (RM) to Planned Unit Development (PUD).



At the January 26, 2010 Board hearing, the Board of Supervisors approved a contract with LSA Associates to prepare a Revised Environmental Impact Report for the Clos de la Tech winery project. The Scope of Work for that contract included preparation of the following chapters:



    Project Description

    Setting, Impacts and Mitigation Measures (Hydrology and Water Quality, Geology, Soils and Geohazards, Hazards and Hazardous Materials, Biological Resources, and Global Climate Change)

    Cumulative and Growth-Inducing Impacts

    CEQA-Required Assessment Conclusions

The intent at that time was for County staff to revise the remaining chapters of the 2008 Draft Environmental Impact Report for this project. It was initially assumed that this revision work would be minimal in nature. However, as County staff began work on the matter and consulted with LSA Associates, it became apparent that more substantial analysis and rewriting of these chapters would be necessary than originally assumed. After consulting with the applicant, it was determined that this additional work would best be handled by LSA Associates. The proposed amendment to the contract would authorize LSA Associates to review the following additional sections for substance, style, and technical consistency, and to verify that the analysis adequately reflects all components of the project:

    Land Use, Plans and Policies

    Biological Resources

    Traffic, Circulation and Parking


    Air Quality

    Public Services and Utilities

    Cultural Resources

    Visual Resources

A detailed description of tasks associated with revising these sections is included in the amended Scope of Work.


The Contractor has assured compliance with the County's Contractor Employee Jury Service Ordinance, as well as all other contract provisions that are required by County ordinance and administrative memoranda, including but not limited to insurance, hold harmless, non-discrimination and equal benefits. County Counsel has reviewed and approved the Resolution and Amendment as to form.


The proposed Amendment contributes to the 2025 Shared Vision outcome of a Livable Community by funding a contract that will provide sufficient information about potential environmental impacts of this revised project upon which to make an informed decision regarding this land use request.



The proposed Amendment increases the maximum amount payable pursuant to the Agreement by $38,180 from $167,714, for a total of $205,894, which amount the County is being reimbursed by the applicant, T. J. Rogers. The term of the amended Agreement remains unchanged from January 26, 2010 through December 31, 2010. The ATR will set up the appropriation in the Planning budget to pay for this amended Agreement. There is no Net County Cost impact associated with the proposed Amendment.