Palmaz Private Use Heliport Brian Russell Abbott & Kindermann, Inc. 2100 21st Street, Sacramento, CA 95818 1485 Main Street, Suite 205, St. Helena, CA 94574

Introduction Thank you Introductions Speakers for Palmaz: Brian Russell Arthur Negrette Mead and Hunt- Ken Brody Christian Palmaz

Background On The Process Submitted application in July 2014 Started EIR in September 2015 DEIR was released in April 2016 2.5+ years to process the application, analyze the project and complete the EIR

Adequacy of EIR Ascent and County Staff completed an in depth environmental analysis of the project. Per the requirements of CEQA, all project impacts were properly and fully analyzed. All of the studies conducted for the EIR were comprehensive and done by highly qualified engineers and professionals. All of the proposed mitigations are feasible and can be incorporated into the project.

Less Than Significant Impacts Project (Lower) Site: Overall this project impacts are less than significant. The EIR concluded that there are significant impacts, but with mitigations the project impacts would be less than significant. Alternative Mt. George Site: All studies prove that all the Project impacts are less than significant. No mitigations are needed to make the project impacts less than significant

Project Review The role of the Planning Commission is to analyze this Project, and to determine if this Project complies with CEQA and the County rules and guidelines. Reminder: A project is not required to be consistent with every goal and policy of the County’s general plan. A project is consistent with the general plan “if considering all its aspects, it will further the objectives and polices of the general plan and not obstruct their attainment. A given project need not be in perfect conformity with each and every general plan policy.” (California Native Plant Society v. City of Rancho Cordova (2009) 172 Cal.App.4th 603). In applying this Project to the Napa County General Plan, this Project is consistent with the Napa County General Plan and does not obstruct the overall general plan objectives and polices.

Why Apply? Heliports have been a permitted use in Napa County since 1965. Napa County Code Section 18.120.010(B) allows heliports in all zoning districts with the approval of a conditional use permit. Palmaz possess the type of property (size and location) and the type of helicopter (twin engine with fly quiet technology) that minimizes impacts on the environment. We are simply following the rules established by the County.

History of Approved Heliports in Napa County Alfred Wilsey- private helistop- approved 6.7.78 Timothy Parrott- private helistop (1.92 acre parcel on the southeast side of Zinfandel Lane)- approved 6.6.79 St. Helena Health Center- approved 10.3.84 St. Helena Hospital- approved 10.16.85 (revision of 1984 permit)

Changes to Heliport Regulations in 2004 In 2004 the Board of Supervisors reviewed heliports in Napa County (after Diamond Mountain Vineyard asked to modify their use permit to allow visitors to arrive to the winery via helicopter).

Changes to Heliport Regulations in 2004 The Board eliminated the commercial use of heliports. They limited the use to “private use” heliports. Private use activity is defined as noncommercial activities of an individual owner or family and occasional invited guest.

Changes to Heliport Regulations in 2004 After a series of hearings the Board continued to allow private use heliports in Napa County so long as the applicant received use permit approval.

Is A Heliport An Urban Use? No. Heliports have been an allowed use in Napa County since 1965. During that time, four helipad applications have been approved. Helicopters are used by utility companies, hospitals, farmers, first responders, and considered by all as a resourceful tool.

Current Flights By Palmaz Palmaz currently flies 4 arrivals and departures per week. These flights are governed by the FAA. Napa County does not have jurisdiction over these flights.

Current Flights By Palmaz Palmaz can fly at any altitude and on any safe and unobstructed flight path. Palmaz’s current flights are not limited by a “no fly zone.”

Project Approval Will Not Increase Helicopter Noise Palmaz is currently legally flying their helicopter which is governed by the FAA in airspace that would be occupied by the Project if it is approved. Flights are occurring four times per week. Therefore, approving the Project would not generate additional noise in Napa County since Palmaz is already flying in that airspace four times per week.

Project Benefits No water usage No employees (no traffic) No fuel on site No visual or viewshed impacts No loss of vineyards Only 0.821 acres impacted by Project “No fly zone” established Quarterly voluntary reporting by Palmaz Real time monitoring of every flight Providing neighbors with information about each flight Establishing a high bar for future applicants (if there are any).

The Heliport Will Not Be Used By The Winery The heliport is separated from the winery. It will be a condition of approval that Palamz will not use the heliport to transport winery guests. Palmaz does not possess the license to operate a commercial aircraft. Palmaz’s insurance prevents the aircraft from operating commercial flights.

The Heliport Will Not Be Used By The Winery In order to provide the County with full transparency Palmaz is reporting information on every individual that flies in the helicopter. Palmaz will deliver reports on a quarterly basis.

Disclosure By Surrounding Properties We have heard commenters ask if land owners would be legally required to disclose to potential buyers the existence of the heliport if they are selling their property. No. Neighbors would not be required to disclose the existence of the heliport when selling their property. Assembly Bill 2776 only requires disclosure when properties are within the airport influence area of a public airport (in Napa County that is Napa County Airport, Parrett Field in Angwin and the Calistoga Gliderport). Disclosure is only required when a property is located in the airport influence area which is 280 feet from the edge of the helipad. With the Palmaz heliport, 280 feet from the project site is land owned by Palmaz. Therefore disclosure is not required.

Disclosure By Surrounding Properties CEQA does not consider economic issues when determining environmental impacts of a project. “The environmental protection acts are not designed to protect against the decline in commercial value of a property adjacent to a public project.” Hecton v. People of the State of California (2d Dist 1976) 58 Cal. App. 3d 653.

Full Transparency of Each Flight Voluntary reporting of flight logs including arrival/departure locations and passenger manifests. Graphical depiction of each arrival and departure. Audio and video flight recording.

High Bar For Future Applicants Bell 429 Helicopter (Stage 3 aircraft. Twin engine helicopter with fly quiet technology) 640 acre property No significant project impacts “No fly zone” over population concentration Automatic quarterly reporting of all flights Transparent flight data provided to County This is the precedent being established by this project.

What If The Project Is Not Approved Continue to fly as often as Palmaz desires in airspace that is only governed by the FAA. Proposed flight paths will not be followed. A “no fly zone” will not be established.

Summary Four arrivals and four departures per week No significant noise impacts. Adheres to the County noise regulations. No water use, no increase in traffic, and no employees. Full transparency of flights.

Summary We believe the FEIR complies with CEQA, the State CEQA Guidelines, and the County’s Procedure for Implementing CEQA, and therefore the FEIR should be certified by the Planning Commission. We agree and support the County’s recommendation to approve the Mt. George project location. We agree that this remote location minimizes the impacts on the community.

Thank you.