TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Wendy Atkins - Planner II
SUBJECT: Hillwalker Vineyards Winery Use Permit P23-00101-UP and Exception to the Conservation Regulations P23-00239-UP
RECOMMENDATION
title
KEVIN & ANN MORRISON TR / HILLWALKER VINEYARDS WINERY / EXCEPTION TO THE CONSERVATION REGULATIONS NO. P23-00239-UP, USE PERMIT NO. P23-00101-UP & EXCEPTION TO THE NAPA COUNTY ROAD & STREET
CEQA STATUS: Consideration and possible adoption of a revised Mitigated Negative Declaration. According to the proposed, revised Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Agriculture and Forest Resources and Biological Resources. The project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
REQUEST: Approval of a Use Permit to allow a new winery with an annual production capacity of 7,000 gallons with the following characteristics:
1) Convert a 1,500 sq. ft. residential cave to a commercial cave for wine production and storage;
2) Conduct visitation activities in an existing 298 sq. ft. covered patio area and allow on-site consumption in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB2004-Evans Bill);
3) Allow tours and tastings by appointment with a weekly maximum of 113 visitors;
4) Allow a marketing program of 12 marketing events per year with up to 45 guests per event;
5) Up to two (2) fulltime and three (3) part-time employees;
6) Production and visitation hours between 10 a.m. and 6 p.m. Monday through Sunday;
7) Convert the existing pool house restroom (80 sq. ft.) to an accessible restroom;
8) Provide on-site parking for seven (7) vehicles including an accessible parking space and an electric vehicle charging station; and
9) Installation of an 2,500-gallon hold and haul tank for winery process wastewater.
The project also includes an Exception to the Napa County Road and Street Standards (RSS) for selective reduction in the width of the private access road. A request for an Exception to the Conservation Regulations in the form of a Use Permit is also being requested to allow road improvements within a stream setback. The project is located on a ±20.46-acre site within the Agricultural Watershed (AW) zoning district on the west side of a private road, one (1) mile west of its intersection with Mount Veeder Road. The project site is General Plan designated as Agriculture, Watershed and Open Space (AWOS); APNs: 034-110-047. Address is 1871 Mount Veeder Road, Napa. Access to the property is through APNS 034-100-020, 034-100-043, and 034-110-059.
STAFF RECOMMENDATION: Adopt the revised Mitigated Negative Declaration and approve the Exception to the Conservation Regulations, Exception to the County Road and Street Standards (RSS), and Winery Use Permit subject to the recommended conditions of approval.
STAFF CONTACT: Wendy Atkins, Planner II, (707) 259-8757 or wendy.atkins@countyofnapa.org
APPLICANT REPRESENTATIVE CONTACT: Kevin P. Morrison, Hillwalker Vineyards; 405 Alexander Avenue, Larkspur, CA 94939; (415) 509-4739; kmo@hillwalkervineyards.com
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the revised Mitigated Negative Declaration and the Mitigation Monitoring Program based on findings 1-7 in Attachment A;
2. Approve an Exception to the Napa County Road and Street Standards, based on Findings 8-9 in Attachment A and subject to the recommended Conditions of Approval in Attachment B;
3. Approve an Exception to the Conservation Regulations No. P23-00239, based on Findings 10-14 in Attachment A and subject to the recommended Conditions of Approval in Attachment B; and
4. Approve Use Permit P23-00101 based on recommended Findings 15-19 of Attachment A and subject to the recommended Conditions of Approval included in Attachment B.
Discussion:
The project applicant requests approval of an Exception to the Conservation Regulations, Exception to the Napa County RSS, and Winery Use Permit application to allow the establishment of a new 7,000 gallon per year winery. The proposed winery facility is located on a property currently developed with a 3,100 sq. ft. residence with a covered patio, 650 sq. ft. covered porch, 685 sq. ft. pool, 336 sq. ft pool house, 1,860 sq. ft. detached garage, and 1,500 sq. ft. residential cave. The proposed winery facility consists of the conversion of a 1,500 sq. ft. residential cave to a commercial cave for winery production and storage, conducting visitation activities within a 298 sq. ft. covered patio, conversion of an existing 78 sq. ft. restroom within the 336 sq. ft. pool house to an accessible restroom, and improvements to the existing shared gravel driveway. A total of ten (10) trees are proposed to be removed, including nine (9) Oak trees. The winery would include a visitation and marketing plan that would allow 47 days of tours and tastings with up to 35 visitors; 306 days of tours and tastings with up to 19 visitors; 25 or more people will be allowed at the winery for a maximum of 59 days per year. Visitation would be limited to a weekly maximum of 113 visitors. The marketing plan would consist of a maximum of one (1) marketing event per month (up to 12 marketing events per year). Marketing events would have a maximum of forty-five (45) guests. All food served at the winery will be prepared offsite by a professional catering service. No winery visitation for tours and tastings will be held on the same day as a marketing event. Parking for marketing events will be in vineyard avenues or offsite. Valet parking may be used to ensure cars are parked safely and do not block fire access roads.
A total of seven (7) parking spaces are proposed, including one (1) accessible space and an electric vehicle charging station. For larger events, vineyard rows can accommodate a number of valet-parked vehicles or at offsite locations. The applicant requests up to two (2) full-time employees, and three (3) part-time employees.
The proposed winery is about 4,400 feet (by road) from the nearest public road, Mt. Veeder Road. The existing gravel driveway is approximately 14-feet wide and serves 1871 Mount Veeder Road (the project site), two additional residences, and three agricultural properties. The Napa County Road & Street Standards (RSS) require a driveway width of 22-feet to serve the winery. Nine turnouts are proposed along eight segments of the driveway totaling approximately 622-feet in length. In addition, 1,300-feet of driveway will be widened to 22-feet resulting in a request for an exception to the Napa County RSS. Five (5) of the turnouts are proposed within the stream setback resulting in the request for an exception to the Conservation Regulations.
Staff has reviewed the proposed project and supports granting approval, subject to the attached findings and recommended Conditions of Approval included in Attachments A and B, respectively. Wineries are conditionally permitted uses within the Agricultural Watershed (AW) zoning district. The project is not located within 0.3-miles of any existing wineries and is surrounded with vineyards, wineries, and residential development on large parcels. Approximately two-thirds of the project parcel is undeveloped and located on a steep hillside, the remaining one-third of the parcel is existing vineyard and the proposed winery development area (720 sq. ft.). The proposed winery site is located to the south of the existing residence. The decrease in water demand from implementation of the winery would be approximately 1.15 acre-feet per year (af/yr), bringing the parcel’s proposed water usage to 1.63 af/yr. The Water Availability Analysis, prepared by Stillwater Civil Design, details that the proposed 1.63 af/yr water usage is below the parcel’s estimated yearly groundwater recharge total of 2.23 af/yr. Wastewater disposal is proposed to be accommodate by a hold and haul process wastewater disposal system that was evaluated in the Wastewater Treatment and Disposal Feasibility Study, prepared by Stillwater Civil Design.
Based on the reasons stated above, staff recommends approval of the project, subject to the recommended Conditions of Approval.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Agriculture and Forest Resources and Biological Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner/Applicant: Kevin Morrison; 405 Alexander Avenue, Larkspur, CA 94939; kmo@hillwalkervineyards.com
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Parcel Size: 20.46 acres
Application Filed: April 19, 2023
Resubmittals: July 11, 2023; September 7, 2023; September 8, 2023; October 19, 2023; October 23, 2023; October 26, 2023; November 9, 2023, December 6, 2023, January 30, 2024, February 9, 2024, March 5, 2024, March 6, 2024, March 14, 2024.
Application Deemed Complete: April 14, 2024
Courtesy Notice Sent: May 30, 2023, and November 28, 2023
State Clearinghouse Number: 2024070222
Existing Development: 3,100 sq. ft. residence, septic leach field and septic reserve area, a spring fed cistern, detached garage, 336 sq. ft. pool house, pool, residence septic pretreatment area, including a 3,000-gallon septic/recirculation tank and 1,500-gallon dosing tank, and a 1,500 sq. ft. residential cave.
Proposed Winery Building Size: Conversion of approximately 80 sq. ft. of the pool house to provide an accessible restroom. No new winery buildings are proposed.
Proposed Cave Size: 1,500 sq. ft. (Type II)
Proposed Winery Development Area: 720 sq. ft. or 0.02 acres
Proposed Winery Coverage Area: 10,563 sq. ft or 0.24 acres (maximum allowed: 25 percent or approximately 5 acres
Proposed Accessory/Production Ratio: 27 percent (maximum allowed: 40 percent)
Proposed Production Capacity: 7,000 gallons
Proposed Number of Employees: Two (2) full time and three (3) part time
Proposed Visitation: Hosted daily tours and tastings by appointment only as follows, with a weekly maximum of 113 visitors:
• 47 days of tours and tastings with up to 35 visitors
• 306 days of tours and tastings with up to 19 visitors
• 25 or more people will be allowed at the winery for a maximum of 59 days per year
Proposed Marketing Program: A total of twelve (12) marketing events per year with up to 45 guests. The total amount of annual marketing guests allowed under the proposed program is 540.
Proposed Days and House of Winery Production: 10:00 a.m. - 6:00 p.m. Monday through Sunday
Proposed days and Hours of Visitation: 10:00 a.m. - 6:00 p.m. Monday through Sunday
Proposed Hours of Marketing Events: 10:00 a.m. - 10:00 p.m.
Proposed Parking: Seven (7) parking stalls, including one (1) accessible parking stall and one (1) electric vehicle charging station
Setbacks:
Required road setback: 300 feet from centerline of Mt. Veeder Road.
Required property line setbacks: 20 feet side and rear setback.
Existing Setbacks:
Pool house (conversion): 308 ft. front, 160 ft. east side, 677 ft. west side, 450 ft. rear
Proposed Setbacks: No new structures are proposed.
Adjacent General Plan Designation / Zoning / Land Use:
North: Agriculture, Watershed and Open Space (AWOS) General Plan land use designation / Agriculture Watershed (AW) Zoning District / agriculture and single-family residential
South: Agriculture, Watershed and Open Space (AWOS) General Plan land use designation / Agriculture Watershed (AW) Zoning District / agriculture
East: Agriculture, Watershed and Open Space (AWOS) General Plan land use designation / Agriculture Watershed (AW) Zoning District / agriculture
West: Agriculture, Watershed and Open Space (AWOS) General Plan land use designation / Agriculture Watershed (AW) Zoning District / agriculture
Wineries in 1 Mile Vicinity:
Mt. Veeder Winery, 1999 Mt. Veeder Road
Chateauneuf Do Pott Winery, 2072 Mt. Veeder Road
Parcel History: On August 20, 2019, a Home Occupation Permit was approved to allow the use of a ±100 sq. ft. portion of an existing ± 3,100 sq. ft. residence with limited storage as an office for order taking and record keeping in association with wine brokerage sales as a home occupation in compliance with Napa County Code Section 18.08.310 and 18.104.090.
Code Compliance History: There are no records of prior code violations related to the project site.
Discussion Points:
As part of this application, staff analyzed the following requested application types:
1) A Request for a Use Permit Exception to the Conservation Regulations;
2) An Exception to the Napa County Road and Street Standards (RSS); and
3) A Winery Use Permit
Exception to the Conservation Regulations (P23-00239) Road and Streets Standards Exception Request and Use Permit: Napa County Code (NCC) Section 18.108.040 allows landowners or leaseholders to request exceptions to the requirements of the County’s Conservation Regulations. Such requests are made in the form of a use permit application, which is subject to a decision by the Planning Commission.
When analyzing this application, the proposed project would utilize the alignment of an existing gravel road. The applicant proposes to improve the existing shared driveway to the extent possible without damaging the natural environment, grading on steep slopes, or impacting the stream. In addition to installing nine (9) turnouts, the proposal includes widening the driveway to twenty-two (22) feet, for a length of 622 feet. Ultimately, the final grading plans will be reviewed, approved, and conditioned by the Engineering Division, which imposes construction and post-construction pollution prevention requirements to ensure that there is no potential for significant on- or off-site erosion, impacts to siltation, or flooding. A preliminary Stormwater Control Plan has been submitted and reviewed for consistency with NCC Section 16.28.100 (Reduction of pollutants in stormwater). A Regulated Project Stormwater Control Plan (SCP) in accordance with the latest edition of the Bay Area Stormwater Management Agencies (BASMA) Post-Construction Manual for review and approval by the Engineering Division in PBES shall be submitted prior building permit issuance, as indicated in Attachment B. Soil erosion from a project of this scale is negligible. Additionally, there are no unique geologic features within or near the project site. Vegetation removal and maintenance will also be performed to maintain sight distance and visibility.
NCC Section 18.108.020 prohibits earthmoving activity, grading or removal of vegetation or agricultural uses of land within the stream setback areas, unless exempt or unless an exception is granted through the use permit process. The first 2,400 feet of the existing shared gravel driveway lies within the stream setback as defined by NCC Section 18.108.025. The proposed road improvements within the stream setback are minimized and limited to approximately 250 feet of road widening from 14 feet to 22 feet, and installation of five (5) turnouts. It should be noted that three of the five proposed turnouts located within the stream setback do not propose to disturb ground which is closer to the stream. The following proposed road improvements are located in the creek setback:
• STA 0+ 00 to STA 2+50: widen existing gravel driveway from 14 to 22 feet. This proposed improvement is located over an existing culvert. No tree removal in this area.
• Turnout #1: increase the width of the road to provide for a 22-foot wide turnout at STA 8+00 and remove three (3) trees [ one (1) 12-inch diameter Live Oak, one (1) 8-inch diameter Live Oak, and one (1) 8-inch diameter Buckeye). Removal of the three trees occur in the creek setback.
• Turnout #2: increase the width of the road to provide for a 22-foot wide gravel turnout at STA 12+00 and remove one (1) Live Oak tree cluster with trucks of 12-inches, 8-inches, and 6-inches. Removal of the tree cluster occurs in the creek setback.
• Turnout #3: increase the width of the road to provide for a 22-foot wide gravel turnout at STA14+00 and remove three (3) Live Oak trees [one (1) 12-inch diameter, one (1) 10-inch diameter, and one (1) 10-inch diameter]. Removal of the three trees occur in the creek setback.
• Turnout #4: increase the width of the road to provide for a 22-foot wide gravel turnout at STA 17+50, no tree removal in this area.
• Turnout #5: increase the width of the road to provide for a 22-foot wide gravel turnout at STA 19+50, no tree removal in this area.
The following sections are not located in the creek setback:
• Turnout #6: increase the width of the road to provide for a 22-foot wide gravel turnout at STA 24+00 and remove three (3) trees [two (2) Black Oak trees (8-inch diameter) and one (1) Live Oak tree (twelve 12-inch diameter].
• STA 25+ 50 to STA 28+00: widen existing gravel driveway from 14 to 22 feet. No tree removal in this area.
• Turnout #7: increase the width of the road to provide for a 22-foot wide gravel turnout at STA30+ 00, no tree removal in this area.
• Turnout #8: increase the width of the road to provide for a 22-foot wide gravel turnout at STA 32+ 00, no tree removal in this area.
• Turnout #9: increase the width of the road to provide for a 22-foot wide gravel turnout at STA 34+ 00, no tree removal in this area.
• STA36+00 to end of driveway: widen existing gravel driveway from 14 to 22 feet.
Pursuant to NCC Section 18.124.070, the Commission's decision to grant or deny a use permit must be based on findings that the granting of the use permit would not adversely affect public health, safety, or welfare of the county, and that the request is consistent with the policies and standards of the County's General Plan. Among the purposes of the Conservation Regulations (County Code Section 18.108) are intentions for the County to:
1) Minimize the effects of cut, fill, earthmoving, grading operations and similar activities on the natural terrain;
2) Minimize soil erosion caused by human modifications to the natural terrain;
3) Maintain and improve water quality by regulating stormwater quality and quantity;
4) Preserve riparian areas and other natural habitat near streams; and
5) Encourage development that minimizes impacts to existing land forms, avoids steep slopes and preserves existing vegetation and unique geologic features.
The proposed driveway improvements follow the existing driveway alignment and will require minimal grading. Approximately 1,300-feet will be widened from 14 to 22 feet with nine (9) turnouts along the remaining portions of the existing access drive. The expanded driveway width and five turnouts proposed in the stream setback The project site is zoned Agricultural Watershed (AW), which allows wineries upon granting of a use permit. According to the Napa County Environmental resource maps (based on the following layers - Sensitive Biotic Oak Woodlands, Agriculture, and Riparian Woodland Forest) the project site contains Oak woodlands, specifically Coast live oak woodland and trees. The proposed project would result in a loss of up to ten (10) trees, including the removal of eight (8) Live Oak, one (1) California Buckeye, and one (1) California Black Oak. The removal of the scattered of up to ten trees of is consistent with the definition of Vegetation Canopy Cover pursuant to NCC Section 18.108.030; therefore, there removal would need to be mitigated pursuant to NCC Section 18.108.030.D. Removal of the ten scattered trees is required to install the upgrades to the existing shared driveway required by the Napa County Road and Street Standards. The approximate vegetation canopy cover area was developed by presuming the tree canopy of one mature Oak tree is encompasses approximately 60-100 square feet (this area was corroborated by aerial imagery interpretation, to not exceed 100 square feet per tree removed) equating to approximately 0.062 acres, which would yield a total vegetation canopy cover preservation ratio of 0.07 acres (100 feet multiplied by 9 trees multiplied by 3 equals 2,700 square feet and converts to 0.062 acres). The implementation of Mitigation Measure AG-1, requiring a vegetation canopy cover preservation easement or other similar mechanism, requiring the long-term preservation of existing oak vegetation at a ratio of 3:1 would result in a less than significant impact to oak resources. The project does not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special status species, sensitive biotic communities or habitats of limited distribution in the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System. As conditioned, the project would not result in anticipated threats to water quality.
Engineering staff has reviewed the latest iteration of the Stormwater Control Plan (SCP), dated March 14, 2024, and determined it is acceptable and consistent with the requirements of Napa County Code Section 16.28.100.
Staff has determined that the necessary findings can be made to approve the requested exceptions to the Conservation Regulations in this case, as conditioned, because the retention and maintenance of the existing gravel road, nine turnouts, and removal of ten (10) trees, would not result in substantial effects to environmentally sensitive areas and without anticipated threats to water quality. Providing the nine turnouts is required by the Napa County Fire Department, and grading of the proposed turnouts would be limited to the minimum requirements outlined in the Napa County RSS.
Staff has reviewed the proposal and found it to be consistent with the Zoning Ordinance and applicable General Plan policies. Based upon the evidence, Staff has determined that the necessary findings can be made to approve the requested exception to the Conservation Regulations, as identified in Attachment A of the staff report. The Napa County Engineering Division and Fire Department have evaluated this request, and support approval.
Road and Street Standards Exception Request: The Engineering Division and Fire Marshal’s office received a request for an Exception to the RSS dated August 23, 2023, revised on October 26, 2023, and March 6, 2024, for the shared access roadway design criteria as part of a Use Permit application for a winery and Exception to the Conservation Regulations. As identified in the Engineering memo dated June 25, 2024 (Attachment B), the parcel is located at 1871 Mount Veeder Road. The subject parcel is served by an existing gravel road that starts at the intersection of Mt. Veeder Road. From Mt. Veeder Road, the road runs adjacent to a blueline stream for about 2,200 feet and then meanders to terminate its 4,400-foot length at the proposed site. The Napa County RSS requires a 22-foot minimum width for roads serving commercial uses such as the proposed winery. The majority of the existing road does not meet the minimum width requirement. The Hillwalker Vineyards winery project is seeking exceptions to the Napa County RSS to accommodate environmental and physical constraints that forbid compliance with the standards. Specifically, a RSS Exception Request is requested for three segments of the road: STA 2+50 to 22+00, STA 22+00 to 26+00, and STA 28+00 to 36+00.
Road Segment: STA 2+50 to 22+00
Napa County Road and Street Standards (NCRSS) requires a 22 ft minimum width for commercial access roads. This segment of the road is constrained by steep slopes and an adjacent blueline stream that runs parallel to the road. These existing conditions prevent road expansion to the compliant width. Six turnouts are proposed for this segment, five of the six turnouts are spaced only 300 ft apart. Only the last two turnouts have a 500 ft interval between them. Turnouts are placed to ensure intervisibility and, vegetation removal and maintenance will be performed to maintain clear sight lines along the road and between turnouts. These measures will serve to provide the same overall practical towards providing defensible space, in accordance with the SRA Fire Safe Regulations.
Road Segment: STA 22+00 to 25+50 and 28+00 to 36+00
The Napa County Road and Street Standards (NCRSS) requires a 22 ft minimum width for commercial access roads. This segment of the road is constrained by steep slopes exceeding 30%, prohibiting road expansion to the compliant minimum width. Three turnouts are proposed for this 800 ft segment. There is a 200 ft interval between turnouts and, they are placed to be inter-visible. Vegetation removal and maintenance will be performed to maintain clear sight lines along the road and between turnouts. These measures will serve to provide the same overall practical towards providing defensible space, consistent with the SRA Fire Safe Regulations
Use Permit: The project applicant requests approval of a use permit to allow for the establishment of a 7,000 gallon per year winery, convert an existing 1,500 sq. ft. residential cave to a commercial cave for production and storage only, and conduct visitation activities within a 298-sq. ft. patio area. The winery would include a visitation and marketing plan by appointment only as follows, with a weekly maximum of 113 visitors:
• 47 days of tours and tastings with up to 35 visitors.
• 306 days of tours and tastings with up to 19 visitors.
• 25 or more people will be allowed at the winery for a maximum of 59 days per year.
• A marketing program of 12 marketing events per year with up to 45 guests.
Two (2) full-time and three (3) part-time employees during harvest and non-harvest seasons are proposed. One of the owners of the parcel will live and work on-site. Production and visitation would occur Monday through Sunday, between the hours of 10:00 a.m. and 6:00 p.m. The existing pool house restroom would be converted to an accessible restroom. The proposal also includes construction of a parking area with seven (7) parking stalls, including one accessible stall and an electric vehicle charging station. And installation of a 2,500-gallon hold and haul tank for winery process wastewater.
Staff has reviewed the proposed project and supports granting approval, subject to the attached findings and recommended conditions of approval included in Attachments A and B, respectively. Wineries are conditionally permitted uses with the Agricultural Watershed (AW) zoning district. The project is located with one mile of two (2) wineries, and surrounding uses include vineyards, wineries, and residential development on large parcels. Approximately one third of the project site is developed with vineyards, which would provide wine grapes for onsite wine production. While a winery building is not proposed, the winery development area would consist of 720 sq. ft. (4 employee parking spaces), the production facility would take place within the existing 1,500 sq. ft. cave, and accessory use would consist of the 114 sq. ft. accessible restroom and 298 sq. ft. feet of outdoor porch area adjacent to the residence.
A preliminary Stormwater Control Plan has been submitted and reviewed for consistency with Napa County Code Section 16.28.100 (Reduction of pollutants in stormwater). A Regulated Project Stormwater Control Plan (SCP) in accordance with the latest edition of the BASMAA Post-Construction Manual for review and approval by the Engineering Division in PBES shall be submitted prior building permit issuance, as indicated in Attachment B.
Setting - Access to the project site is located off of Mt. Veeder Road, approximately two (2) miles southwest of the City of Yountville and four (4) miles northwest of the City of Napa. The project includes four (4) parcels APNs 034-110-047, 034-100-020, 034-100-043, 034-110-059, approximately 20.46 acres and includes an existing shared driveway and approximately 4.5 acres of vineyards. The proposed new winery is located on APN 034-110-047, and proposed improvements to the shared driveway are located on APNs 034-100-020, 034-100-043, 034-110-059. Existing conditions include a single-family residence, covered porch, residential cave, swimming pool, pool house, and detached garage. Immediately adjacent to the driveway, the property is relatively flat with slopes from zero (0) and five (5) percent, with the lowest elevation of 1,015 feet above mean sea level (msl). Moving further to the north the parcel slopes up to fifteen (15) percent and the property rises to achieve a heigh of 1,045 feet above msl. Further to the west the parcel elevation rises significantly, achieving slopes of over fifty (50) percent and property rises to achieve its highest elevation at 1,165 feet above msl. According to County of Napa Environmental Mapping (GIS Vegetation layer) the lower elevations of the property are identified as Agriculture while the slopped portions of the property to the west are identified as Oak woodlands. Soil types include Bressa-Dibble Complex (15 to 30-percent slope). Major Lan Resource Area (MLRA) 15 - Central California Coastal Range. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. The closest residence is located 780 feet from the proposed winery.
Winery Proposal - There are no new buildings proposed with the application. Construction is limited to remodeling the existing 80 sq. ft. residential pool house restroom to provide an accessible restroom, installing seven (7) parking stalls, including an accessible parking stall and installation of an electric vehicle charging station. Visitation and marketing events would occur on the existing 298 sq. ft. outdoor patio area.
Road and Access Improvements - The project proposes to install nine (9) turnouts and widen the driveway to twenty-two (22) feet along three segments of the access road for a total length of 1,300 feet.
Visitation and marketing - Consistent with the definition of “marketing of wine” (County Code Section 18.08.370), the applicant proposes a visitation and marketing daily tours and tastings by appointment only as follows, with a weekly maximum of 113 visitors:
• 47 days of tours and tastings with up to 35 visitors
• 306 days of tours and tastings with up to 19 visitors
• 25 or more people will be allowed at the winery for a maximum of 59 days per year
Visitation would be by appointment only and would occur between the hours of 10:00 a.m. and 6:00 p.m., Monday-Sunday. The applicant also proposes a total of twelve (12) marketing events per year allowing a maximum of 45 guests. The total amount of annual marketing guests allowed under the proposed program is 540.
Ground Water - A Water Availability Analysis was prepared by Stillwater Civil Design, dated February 9, 2024. As directed by the County Water Availability Guidelines (May 2015) the report includes a Tier 1 calculation for the existing and proposed water uses and a Parcel Specific Groundwater Recharge Analysis because the parcel is located outside of the GSA Subbasin. Existing water use for the property is approximately 2.78 af/yr, which includes 2.25 af/yr for the vineyard, 0.5 af/yr for the residence, and 0.025 af/yr for residential landscaping. The projected water use for the project is 1.63 af/yr, which includes 0.9 af/yr for the vineyards, 0.22 af/yr for the winery, 0.5 af/yr for the residence, and 0.025 af/yr for residential landscaping which represents a decrease of approximately 1.15 af/yr. The site-specific groundwater recharge for the property is estimated to be 2.23 acre-feet per year. Wells on neighboring properties were located through field visits and through Napa County Records research. While the closest well located on neighboring properties is 300 feet from the onsite well, there is no new or increased water use proposed for the project. Therefore, a Tier 2 Water Availability Analysis is not required, and this project will not pose any significant impact to the groundwater use or neighboring property wells. In addition, the project wells are approximately 2,656-feet from a significant stream, therefore a Tier III analysis is not required.
Public Trust - The public trust doctrine requires the state and its legal subdivisions to “consider,” give “due regard,” and “take the public trust into account” when considering actions that may adversely affect a navigable waterway. (Environmental Law Foundation v. State Water Resources Control Bd.; San Francisco Baykeeper, Inc. v. State Lands Com.) There is no “procedural matrix” governing how an agency should consider public trust uses. (Citizens for East Shore Parks v. State Lands Com.) Rather, the level of analysis “begins and ends with whether the challenged activity harms a navigable waterway and thereby violates the public trust.” (Environmental Law Foundation, 26 Cal.App.5th at p. 403.). As demonstrated in the Environmental Law Foundation vs State Water Resources Control Board Third District Appellate Court Case, that arose in the context of a lawsuit over Siskiyou County’s obligation in administering groundwater well permits and management program with respect to Scott River, a navigable waterway (considered a public trust resource), the court affirmed that the public trust doctrine is relevant to extractions of groundwater that adversely impact a navigable waterway and that Counties are obligated to consider the doctrine, irrespective of the enactment of the Sustainable Groundwater Management Act (SGMA). As disclosed and assessed in the Initial Study/Mitigated Negative Declaration and the WAA, the County concludes that no harm to (or less-than-significant impacts on) public trust resources would result from the proposed project as the project wells are not within 1,500-feet of a significant stream.
Sanitary Waste Disposal - A Wastewater Treatment and Disposal Feasibility Study, dated February 8, 2024, was prepared by Stillwater Civil Design. A hold and haul system is proposed to collect winery process wastewater. A trucking company will be hired to collect winery process wastewater from the hold and haul tanks and transported to an approved wastewater treatment facility for disposal. The existing onsite domestic wastewater system is an engineered septic system that was installed in 2007. The existing engineered septic system was approved for 900 gallons per day or 6 bedrooms. The existing engineered septic system was installed with excess capacity that will be available to support the increased use from employees and visitors to the proposed winery.
Production - Production will take place within the existing wine cave and at a custom crush facility.
Greenhous Gas Reduction Strategies - The applicant intends to implement voluntary best management practices to reduce GHG emission resulting from implementation of the project (Attachment D). These practices include installation of an electrical vehicle charging station. The project will also utilize solar hot water heating, energy conserving lighting, water efficient fixtures, water efficient landscaping, recycle 75% of all waste, site design that is oriented and designed to optimize conditions for natural heating and cooling and day lighting of interior spaces, and to maximize winter sun exposure; such as a cave, limit the amount of grading and tree removal, and retain biomass removed via pruning and thinning by chipping the material and reusing it rather than burning on-site. Conditions of approval Nos. 4.20.b and 6.15.d will ensure this is reviewed and implemented at the time of construction.
Grape Sourcing - The proposed winery will have a maximum production of 7,000 gallons of wine. The 4.5 acres of on-site vineyards will provide approximately 1,380 gallons of wine. The remaining 5,620 gallons to achieve maximum production will be procured from other grape sources in the Napa County. The applicant has signed the County’s 75 Percent Grape Source Agreement.
Noise - The proposed project would result in a temporary increase in noise levels during grading and the intermittent increase of ambient noise resulting from wine making and visitation. However, noise generated by construction activities would be limited to daylight hours and the use of properly muffled vehicles. Outdoor amplified music is not proposed. However, with implementation of Condition of Approval 7.3 (Construction Noise), the proposed project would result in less than significant impacts for construction noise.
Biology - Immediately adjacent to the driveway, the property is relatively flat with slopes from zero (0) and five (5) percent, with the lowest elevation of 1,015 feet above msl. Moving further to the north the parcel slopes up to fifteen (15) percent and the property rises to achieve a heigh of 1,045 feet above msal. Further to the west the parcel elevation rises significantly, achieving slopes of over fifty (50) percent and property rises to achieve its highest elevation at 1,165 feet above msl. According to County of Napa Environmental Mapping (GIS Vegetation layer) the lower elevations of the property are identified as Agriculture while the slopped portions of the property to the west are identified as Oak woodlands.
California Giant Salamander - While no occurrence was observed on the parcels where work will occur, there are identified occurrences of the species within one (1) mile of the subject property. The California giant salamander (Dicamptodon ensatus), a California Species of Special Concern, have potential to occur in areas adjacent to the project site. The California giant salamander frequents damp woods in or near streams and may be found under logs, bark, or rocks. However, this species is unlikely to occur in the majority of the project area due to the gravel groundcover. Their breeding requires clear cold perennial streams such as Redwood Creek located to the south. Adult California giant salamander will disperse overland after metamorphosis. The ephemeral drainage that runs north along the driveway is not expected to support breeding on this property, but occurrences of this species have been detected within 0.41 mile in Redwood Creek. However, with implementation of Mitigation Measure BIO-2 - (California Giant Salamander, Foothill Yellow-Legged Frog, and Western Pond Turtle), the proposed project would result in less than significant impacts on California Giant Salamander. As such, the project would not result in significant impacts to California Giant Salamander.
Foothill Yellow-Legged Frog - The foothill yellow-legged frog (Rana boylii, pop 1, FYLF) North Coast DPS, a California Species of Special Concern, have potential to occur in areas adjacent to the project site. The FYLF is a frog of the streams and rivers of the forest, woodland, and chapparal. The frogs may occur in intermittent drainages but are typically found in association with flowing water, especially riffles, and breed after high flows subside. As the streams dry, the juvenile and adult frogs will disperse to the upland to seek moisture elsewhere, under leaf litter and vegetation on the forest floor. Foothill yellow-legged frogs do not often leave the immediate vicinity of their home stream or pool (Stanford University 1999) although recent studies have shown frogs disperse considerable distances (Bourque 2008, Thomson et al. 2016). Different life cycle stages for this species utilize various habitat types for foraging, developing, and overwintering (Thomson et al. 2016). There are two historic occurrence records, 1973 and 1956, approximately 2 miles of the project site, but the steep ephemeral drainage weaving through the driveway is not expected to support breeding of this species as the inundation period may be insufficient for metamorphosis. However, with implementation of Mitigation Measure BIO-2 - (California Giant Salamander, Foothill Yellow-Legged Frog, and Western Pond Turtle), the proposed project would result in less than significant impacts on Foothill Yellow-Legged Frog. As such, the project would not result in significant impacts to Foothill Yellow-Legged Frog.
Western Pond Turtle - The western pond turtle (Emmys marmorata, WPT), a California Species of Special Concern, and proposed federally threatened species, have potential to occur in the detention basin adjacent to the project site. The steep ephemeral drainage that runs intermittently through the project area drains to a fabric lined detention basin near the entrance of the Hillwalker property. The detention basin provides potentially suitable habitat for western pond turtles to reside, though none were observed during the January visit due to the lack of presence or aestivation. Adult western pond turtle will nest in sandy soils and can disperse over several miles. Northwestern pond turtle populations require sufficient numbers of individuals and connectivity for long-term survival, especially in relation to stochastic events such as severe droughts (USFWS 2023b). There are two historic occurrence records from 1999 and 2002 of this species observed more than 2 miles from the project area. However, with implementation of Mitigation Measure BIO-2 - (California Giant Salamander, Foothill Yellow-Legged Frog, and Western Pond Turtle) the proposed project would result in less than significant impacts on Western Pond Turtle. As such, the project would not result in significant impacts to Western Pond Turtle.
CNDDB Owl Habitat - According to the Northern Spotted Owl (NSO) habitat Assessment conducted by LSA dated October 12, 2023, there are no known NSO nesting sites or activity centers that have been previously identified within or adjacent to the project site; however, there are four activity centers within a 2-mile radius of the project site. The last definitive observation within 2 miles of the project site was an owl heard by a retired CDFW Biologist in 2009, approximately 0.5 miles west of the project site. Based on the above discussion and field assessment, the oak woodland within 330 feet of the project site does not appear to provide suitable nesting and/or diurnal roosting habitat for NSO due to its generally low stature and lack of large multi-canopied trees; however, this woodland could provide nocturnal foraging and dispersal habitat for NSO. The ten (10) trees proposed from removal average between 6 and 12 inches in diameter at breast height, are adjacent to an existing active driveway. Therefore, the removal of these trees would not likely adversely affect the nesting and or diurnal roosting NSO. However, the presence of NSO in the project area cannot be completely ruled out. Pursuant to recommendations found in Mitigation Measure BIO-2 - (Northern Spotted Owl) will ensure the proposed driveway improvements related to the widening/turnout areas would not be expected to adversely affect NSO.
An unnamed blue line tributary of Pickle Creek crosses under the driveway through culverts at two locations and drains to a detention basin (pond) which runs along the shared gravel driveway for about 2,200 ft. Five (5) of the nine proposed driveway turnouts are located in the creek setback area. A temporary wildlife fence shall be installed between the edge of the pond and the driveway improvement locations to prevent animals from entering the work area consistent with Condition of Approval 7.5.g. In addition, ten (10) trees are proposed to be removed in the creek setback to allow for the installation of the proposed road turnouts. However, with Mitigation Measure AG-1. (Vegetation Canopy Cover Preservation Ratio) the project would not result in conflicts with any local policies or ordinances. A less than significant impact would occur.
Cultural - On August 25, 2023, County Staff sent invitations to consult on the proposed project to Native American tribes who had a cultural interest in the area and who as of that date had requested to be invited to consult on projects, in accordance with the requirements of Public Resources Code section 21080.3.1. No responses were received within 30-days of the tribe’s receipt of the invitations. In the event that any archaeological materials are encountered during earth-disturbing activities when an archaeologist is not present the project would be expected to comply with standard Condition of Approval 7.2, and construction of the project would be required to cease, and a qualified archaeologist would be retained to investigate the site. Compliance with cultural resource conditions of approval is expected to keep potential impacts to cultural resources less than significant.
Transportation - As proposed the project would not conflict with any plans, ordinances or policies addressing the circulation system. Existing pedestrian and transit facilities serving the site are limited, given the rural location of the project site and anticipated demand for these modes, this is considered an acceptable condition.
Public Comments - At the time of publication of this staff report, one comment letter was received from the California Department of Fish and Wildlife (CDFW) concluding their review of project documents. While CDFW’s letter (included in Attachment M) did not identify new environmental impacts, they requested three (3) additional mitigation measures in order to amplify the MND, which will further decrease any potential environmental impacts. Mitigation Measures to be added to the project approval include requiring preconstruction surveys for Northern Spotted Owls, Special-Status Herpetofauna, and Special-Status Plans. CDFW also requested a fourth mitigation measure be added requiring a thorough assessment for potential impacts to the stream including the placement, construction, and operation of the driveway modifications and tree removal.
CDFW’s proposed mitigation measures have been incorporated into the Recommended Conditions of Approval (Attachment B) and Initial Study/Revised Mitigated Negative Declaration and Mitigation Monitoring Program (Attachment C). These Mitigation Measures have also be included in the revised Project Revision Statement, which has been accepted by the applicant and included as Attachment (N).
California Environmental Quality Act (CEQA) guidelines § 15073.5(c)(4) outlines that recirculation of a Mitigated Negative Declaration is not required with the addition of new information which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. With no significant environmental effects anticipated, and the project’s consistency with adopted County policies and regulations, staff believes that the necessary findings for the project can be make and recommends approval of the Use Permit and Exception to the Conservation Regulations.
Decision Making Options:
As noted in the Executive Summary Section above, staff recommends that the Planning Commission approve the project as proposed, subject to the findings and Conditions of Approval in Attachment A and B, respectively. However, staff has provided the following options for consideration by the Planning Commission.
Option 1 - Approve the Applicant’ Proposal (Staff Recommendation)
Disposition - This option would result in approval of the Use Permit Exception to the Conservation Regulations, an Exception to the Napa County RSS, and Use Permit application. Staff recommends this option as the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations. There will be no significant environmental impacts to the site, as discussed in the Mitigated Negative Declaration.
Action Required - Follow the proposed action listed in Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at time motion is made. This option has been analyzed for its environmental impacts, which were found to be less than significant.
Option 2: Modify the Applicant’s Proposal
Disposition - This option would result in modification to the applicant’s project to address concerns of the Commission and/or public comments if solicited.
Action Required - Follow proposed action listed in Executive Summary and amend scope and project specific conditions of approval to further address potential impacts or concerns identified. This option would have proportionately fewer environmental impacts compared to those discussed in the staff report, and thus, no new analysis beyond that already discussed above would be necessary. If major revisions of the conditions of approval are required, item will need to be continued to a future date.
Option 3 - Deny Proposed Project
Disposition - In the event the Commission determines that the project does not or cannot meet the required findings for the granting of the Use Permit Exception to the Conservation Regulations, an Exception to the Napa County RSS, and Viewshed application, Commissioners should identify what aspect or aspects of the project are in conflict with the required findings. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit Exception, RSS exception and Viewshed request is not being approved.
Action Required - Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Commission on a specific date.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
Attachments:
A. Recommended Findings
B. Recommended Conditions of Approval
C. Initial Study - Revised Mitigated Negative Declaration
D. Use Permit Application Packet
E. Use Permit Exception to Conservation Regulations Application Packet
F. Road Exception Request
G. Water Availability Analysis
H. Wastewater Treatment and Disposal Feasibility Study
I. Northern Spotted Owl Habitat Assessment
J. Biological Habitat Assessment
K. Graphics
L. Winery Comparison Analysis
M. Correspondence
N. Revised Project Revision Statement