TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Charlene Gallina, Supervising Planner
SUBJECT: Hillwalker Vineyards Winery Appeal
RECOMMENDATION
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PUBLIC HEARING - Hillwalker Vineyards Winery Appeal
Open and move to continue the public hearing for an appeal filed (P24-00237-APL) by Water Audit California (Appellant) to the Napa County Planning Commission’s decision on August 21, 2024 to:
1) Adopt the revised Mitigated Negative Declaration; and
2) Approve Use Permit No. P23‐00101‐UP, Use Permit No. P23-00239-UP (an Exception to the Conservation Regulations), and an Exception to the Napa County Road and Street Standards (RSS) filed by Kevin Morrison (Applicant). (No Fiscal Impact; Mandatory)
(APPELLANT, APPLICANT, AND STAFF REQUEST A CONTINUANCE TO FEBRUARY 25, 2025, AT 2:00 PM.)
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BACKGROUND
The matter before the Board involves an appeal filed by the Appellant concerning the Hillwalker Vineyards Winery and the decisions made by the Napa County Planning Commission on August 21, 2024, to (1) adopt the revised Mitigated Negative Declaration and (2) approve Use Permit No. P23‐00101‐UP, Use Permit No. P23-00239-UP (an Exception to the Conservation Regulations), and an Exception to the Napa County Road and Street Standards (RSS) filed by Kevin Morrison (Applicant). The approval of the project authorizes a new winery with an annual production capacity of 7,000 gallons which consisted of the following:
a) convert a 1,500 sq. ft. residential cave to a commercial cave for wine production and storage;
b) 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);
c) allow tours and tastings by appointment with a weekly maximum of 113 visitors [47 days with up to 35 visitors maximum, 306 days with up to 19 visitors maximum, and 25 or more people will be allowed at the winery for a maximum of 59 days per year];
d) allow a marketing program of 12 marketing events per year with up to 45 guests per event;
e) up to two (2) full-time and three (3) part-time employees;
f) production and visitation hours between 10 a.m. and 6 p.m. Monday through Sunday;
g) convert the existing pool house restroom (80 sq. ft.) to an accessible restroom;
h) provide on-site parking for seven (7) vehicles including an accessible parking space and an electric vehicle charging station; and,
i) installation of a 2,500-gallon hold and haul tank for winery process wastewater.
The project includes an Exception to the Conservation Regulations that would allow road improvements within a stream setback and an Exception to the RSS for selective reductions in the width of the private access road to the winery.
The project is located at 1871 Mount Veeder Road, Napa (APN 034-110-047). Access to the property is through APNs 034-100-020, 034-100-043, and 034-110-059. The property has an AW (Agricultural Watershed) zoning district and Agriculture, Watershed and Open Space (AWOS) general plan designation.
On August 30, 2024, a timely Notice of Intent to Appeal was filed by the Appellant, and on September 16, 2024, the Appellant submitted a timely Appeal Packet.
Pursuant to the County's appeals ordinance (Napa County Code Chapter 2.88), a public hearing on the appeal must be scheduled not less than twenty-five days nor more than ninety calendar days from submittal of an appeal. In order to satisfy the ninety-day scheduling deadline in the appeals ordinance, Staff requests that the Chair introduce the item, open the public hearing and request a motion for continuance to February 25, 2025, at 2:00 PM. Applicant, Appellant and Staff all support the continuance request.
Staff, Appellant and Applicant presentations and public testimony will not occur at the December 3, 2024 hearing; presentations and public testimony will occur at the February 25, 2025 hearing.
Documents associated with Use Permit No. P23-00101-UP, Use Permit No. P23-00239-UP (Conservation Exception), the RSS Exception and this appeal record (No. P24-00237-APL) are available for review in the Napa County Department of Planning, Building and Environmental Services, and at <https://www.pbes.cloud/index.php/s/Ffktyy5CzSmtRTT>
Procedural Requirements:
1. Chair invites disclosures regarding any ex-parte communications or new Levine Act disclosures, if any.
2. Chair introduces and opens the public hearing.
3. Motion by a Board member, second by another Board member, and a vote by the Board to continue the hearing to February 25, 2025, at 2:00 PM.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Where is it budgeted? |
All County staff costs associated with this Appeal will be fully reimbursed by the Applicant on a time and materials basis as set in County Fee Policy 80.037(c). |
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Is it Mandatory or Discretionary? |
Mandatory |
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Consequences if not approved: |
The Applicant and the Appellant will be unable to explore a potential resolution. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: 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 site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.