Save Knights Valley
Key Concerns about Jackson's Proposed Project
Overview
The Franz Valley Area Plan is the governing zoning law for Knights Valley
and the County must review Jackson's Application in light of the restrictions
in zoning contained in the Area Plan. A review of proposed projects in
Knights Valley is necessarily different from other wine producing areas
such as Alexander Valley and Dry Creek specifically because of this Area
Plan.
Details
The Application by Jess Jackson and Barbara Banke must be reviewed under
the more restrictive zoning contained in the Franz Valley Area Plan (which
includes Knights Valley). The Franz Valley Area Plan was first adopted
in 1979 and continues in effect to protect the unique
resources in Knights Valley from development.
The Application and related materials submitted to the PRMD are misleading because they only refer to certain "hand-selected" provisions in the General Plan to which they allege the project complies, but the Application completely omits any mention of the Franz Valley Area Plan. The PRMD Staff has also omitted any reference to the Area Plan to date.
After reviewing the PRMD file, one of the residents filed a lengthy Objection and Petition for Administrative Action. A copy of this document can be found by clicking on the link. This Objection raises the issues that need to be addressed by the County in light of the restrictive zoning contained in the Franz Valley Area Plan.
Because the Franz Valley Area Plan is a specific plan developed in detail for the specific area, by law, the Franz Valley Area Plan takes precedence over the broader provisions in the General Plan.
The Franz Valley Area Plan specifically states there shall be no commercial services in the Franz Valley area, and instead commercial services shall be promoted "in existing communities outside the Franz Valley Area".
The County may only make changes to the Franz Valley Area Plan by a formal amendment to the General Plan. The County does not have the discretion to change any of the zoning contained in the Franz Valley Area Plan without a formal amendment to the General Plan.
And states the primary goal of the Plan as:
The majority of the area is in the Resource and Rural Development land use category. The goal is to keep options open for resource development and conservation by not permitting residential uses or other types of development which would preclude the best use of land. Environmental constraints play an important role because residential development could be damaging to the environment and result in increased public service costs. These lands are not needed to accommodate residential growth in the County over the next two decades. (Plan, p.11 emphasis added)
The Franz Valley Area Plan benefits all of Sonoma County. The Plan states:
The Open Space Map for Franz Valley shows areas of special scenic, historical, recreational, ecological, and archaeological value. These values are critical to the long term preservation of open space in the area and in the county. As development activities could adversely affect any of these open space values, all discretionary actions which the County reviews and approves or makes comments on shall be subject to the policies of the Franz Valley Open Space Plan. (Plan, p. 23)
Overview
The Jackson Property contains designated critical habitat for two endangered
species (steelhead trout and Peregrine Falcon) that will be significantly
impacted by the proposed Project.
Details
The Jackson Property has been designated as critical riparian habitat,
critical habitat for the endangered steelhead trout, and critical habitat
for the endangered Peregrine Falcon. (The Peregrine Falcon is still listed
by the State of California as endangered although it is delisted on the
federal list. The federal authorities however, instituted a fifteen year
monitoring period for the Peregrine to continue through 2015.)
Not only will building and increased human activity have a negative impact, but the proposed Project's need for significant increased water resources will clearly have a serious, significant impact on the critical habitat.
The three creeks on the Property ("Unnamed", Yellowjacket, and Kellogg Creeks) are all critical habitat as well as important tributaries feeding into Redwood and Maacama Creeks in the Russian River Watershed. Increased demand for water from these already heavily drafted (if not overdrafted) creeks will have significant negative impact not only on the watershed as part of the whole, but very significant impact on the two endangered species.
Overview
Jackson's proposed project will have a significant impact on traffic,
noise and lighting in Knights Valley.
Details
Traffic
1. The California Department of Transportation has requested that the
Applicants conduct a traffic study to determine the impact of the proposed
Project on Highway 128.
2. Any study must be done in such a manner as to capture current traffic at predictable peak times (week-ends, holidays, mornings, evenings, etc.)
3. The Applicant's suggested increased number of trips does not even come close to the standard estimate only for a 10,000 case winery without a public tasting room. Traffic issues need to be studied extremely carefully.
4. The safety issue of increased traffic on the section of Highway 128 between Bennett Lane and Foss Hill Road needs to be studied carefully regarding the number of accidents on that stretch of the road due to the sharp curves in the road.
5. Further, Highway 128 through Knights Valley is a designated Scenic Route. The proposed Project requests a waiver of the required setback along Highway 128 (because they are seeking an "historically significant" designation for the old winery so they can use the same footprint nearer to the highway). Note that the proposed Project intends to take the old winery apart and simply "reuse" the old rocks. This is a matter before the Landmark Commission Board.
Noise
The
County Noise Element acknowledges that acceptable noise levels will differ
depending upon the existing environment and states:
In very quiet environments, virtually any change in local activities will cause an increase in noise levels and a loss of "peace and quiet". Such increases may be considered significant by residents in these areas, even if the measured increase is small.
Needless to say, in this section of Knights Valley, the noise level is near "zero" so any increase of noise from the proposed Project as well as increased traffic will have a significant impact.
Lighting
The
same rationale for noise applies to lighting. When you start from near
"zero", any impact will be significant.
Knights Valley could be one of the only places left in the County where
you can actually see the stars at night because
of the lack of competing light.
Overview
Jackson's proposed Project raises critical water issues involving the
entire Russian River watershed.
Details
Increased water usage by the proposed Project is
an extremely critical issue because:
1. The Jackson's main water source is from an unnamed creek and Yellowjacket and Kellogg Creeks (both identified as critical habitat for endangered species). These creeks are important tributaries in the Russian River watershed. These creeks feed Bidwell and Redwood Creeks which in turn feed Maacama Creek.
2. Overdraft and scarcity of water in the Russian River watershed is a critical issue for all of Sonoma County.
3. The Jackson Property has 7 lakes, each being filled with water from Yellowjacket and Kellogg Creeks. Two of the lakes are 10 acre feet each, two are 5 acre feet each, and the others are a little smaller.
4. In 1999, the State Water Resources Control Board issued an order in complaint it filed against the Jacksons alleging unauthorized diversions of water to these lakes/reservoirs without a water right permit or license. The Jacksons settled the case with the Control Board and part of the settlement required the Jacksons to file applications with the Control Board to seek authority for any further diversion of water. (Complaint No. 262.5-11, Order WR 99-06)
5. Accordingly, the Jacksons filed applications with the SWRCB seeking authority for substantial increases in the lakes on the Property, seeking to triple the size of the 10 acre lakes and to double the size of the others. These applications are still pending.
6. There are over 297 such petitions pending with the SWRCB seeking to divert additional water from all of the Central Coast streams (including the Jackson's petition for further diversion from Yellowjacket and Kellogg Creeks).
7. In addition to the applications at the SWRCB to increase the size of 6 of the 7 lakes, the Jacksons now state in the documents related to the proposed Project, that they intend to use well water for the Project. This too would have a significant impact on the entire watershed area because the property is an important groundwater recharge area.
Jackson's "History" of the Valley
Overview
The
Jacksons submitted a "Brief
History of Kellogg Ranch, Sonoma County, California" citing many
"facts" that many residents believe are not accurate and that
are included only to bolster the Jackson's application. The Jacksons should
be required to submit the documentation upon which those facts were based.
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