TO: Napa County Planning Commission
FROM: Matt Ringel for Brian D. Bordona - Director Planning, Building and Environmental Services
REPORT BY: Matt Ringel - Planner II
SUBJECT: Vida Valiente Winery Use Permit Application #P20-00079-UP
RECOMMENDATION
title
HAYES DRUMWRIGHT / VIDA VALIENTE WINERY / USE PERMIT NO. P20-00079-UP
CEQA Status: 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: Biological Resources, Cultural Resources, and Transportation. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: Approval of a Use Permit to allow a new winery with an annual production capacity of 30,000 gallons per year with the following characteristics: 1) Construction of a new 17,722 sq. ft. winery facility containing 10,762 sq. ft. of production space and 6,960 sq. ft. for accessory uses; 2) Construction of a new 13,675 sq. ft. wine cave containing 9,113 sq. ft. of production space and 1,335 sq. ft. for accessory uses; 3) Removal of 0.8 acres of woodland canopy, and the planting/preservation of 2.4 acres of woodland canopy on the project parcel and neighboring parcel under common ownership; 4) Removal of approximately 0.15 acres of vineyard for access improvements; 5) Excavation of approximately 19,400 cubic yards of spoils associated with the cave and construction of structural pads; 6) Onsite parking for 10 vehicles; 7) Up to five (5) full-time employees, two (2) part-time employees and two (2) seasonal employees; 8) On-site domestic and process wastewater treatment systems; 9) Hours of operation seven days a week: production 6:00 a.m. to 6:00 p.m. (non-harvest), visitation 10:00 a.m. to 6:00 p.m. and marketing events 11:00 a.m. to 10:00 p.m. (conclusion of cleanup); 10) Tours and tastings by appointment only for a maximum of 28 visitors per day with a maximum of 120 visitors per week; 11) Establishing a marketing program, which may include catered events, as follows; i) Two (2) Wine and Food Pairings monthly for up to 24 guests; ii) Three (3) Wine Release/Wine Club Events annually for up to 60 guests; iii) Two (2) Large Auction Events annually for up to 125 guests; 12) On-premise consumption of wines produced on- site within outdoor hospitality areas, in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB 2004); and 13) Driveway expansion to meet commercial standards, landscaping, and other improvements associated with wineries. The project is located on an approximately 16.93-acre & 1.15-acre parcels within the Agricultural Watershed (AW) zoning district with a General Plan land use designation of Agriculture, Watershed, and Open Space (AWOS) at 407 Crystal Springs Road, St. Helena, CA 94574; APN: 021-410-013-000 & 021-372-001-000.
Staff Recommendation: Adopt the Initial Study/Revised Mitigated Negative Declaration prepared for the project and approve Use Permit Application No. P20-00079, as conditioned.
Staff Contact: Matt Ringel, Planner II, matthew.ringel@countyofnapa.org, (707) 299-1351
Applicant Contact: Hayes Drumwright, 16 Calle Ameno, San Clemente, CA, hayesdrumwright@gmail.com, (949) 278-1234
Applicant Representative Contact: Rob Anglin, Holman Teague Roche Anglin, LLP, anglin@htralaw.com, (707) 927-4280
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Initial Study/Revised Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) based on recommended Findings 1-7 in Attachment A;
2. Approve Use Permit No. P20-00079 based on recommended Findings 8-12 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The project was last heard at the December 6, 2023, Planning Commission meeting. At the hearing members of the public and Commissioners provided comments and raised questions regarding topics such as access, water use, and fire safety. The Commission continued the hearing to a future date. The prior staff report and attachments are available via the following link:
https://napa.legistar.com/LegislationDetail.aspx?ID=6434266&GUID=C7D1CEE5-9AAC-4431-8C58-0FE035FB3763&Options=&Search=
Since the last hearing, there have been no changes to the applicant’s request for approval of a Use Permit to allow for the establishment of a 30,000 gallon per year winery. The proposed winery facility is stepped into a hillside and consists of three building elements; a production winery located at the west side of the development area; an accessory/hospitality area at the east side; and a hospitality section bridging the two together. The three areas are connected via outdoor walkways that consist of an elliptical glass pavilion. The project proposes construction of a new 17,722 sq. ft. winery facility containing 10,762 sq. ft. of production space and 6,960 sq. ft. for accessory uses. Additionally, 13,675 sq. ft. of wine, hospitality, and water storage caves are proposed to be carved into the hillsides behind each of the three structures. The project proposes the removal of 0.8 acres of woodland habitat, and the planting/preservation of 2.4 acres of woodland canopy on the project parcel and neighboring parcel under common ownership. Proposed site access improvements require the removal of approximately 0.15 acres of vineyard. The winery would include a visitation and marketing plan that would allow up to 28 visitors per day, with a maximum of 120 per week, for tours and tastings. The winery would hold up to twenty-four (24) events per year with up to 24 guest per event and wine and food pairing, three (3) events per year with up to 60 guests per event and wine release and wine club events, two (2) events per year with up to 125 guests per event. Larger events will have shuttle services and valet parking. A total of ten (10) parking spaces are proposed, including one (1) ADA space. For larger events, vineyard rows can accommodate a number of valet-parked cars. The winery includes two outdoor work areas/crush pads, for a total of 3,045 sq. ft. of covered outdoor area and 2,275 sq. ft. of uncovered outdoor area. The applicant requests up to five (5) full-time employees, two (2) part-time employees, and two (2) seasonal employees.
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 located within 0.3-miles of six existing wineries and is surrounded with residential homes primarily containing agricultural uses, as well as vacant land. Approximately half of the project parcel is undeveloped and steep hillside, one-third of the parcel is existing vineyard, and the remaining portion will be the proposed winery development area. The proposed winery site is primarily on top of where the fire-destroyed single-family residence previously existed. The increase in water demand from implementation of the winery would be approximately 0.0472 acre-feet per year (af/yr), bringing the parcel’s proposed water usage to 3.0 af/yr. The Water Availability Analysis, prepared by Richard C. Slade & Associates LLC (RCS), details that the proposed 3.0 af/yr water usage is below the parcel’s estimated yearly groundwater recharge total of 4.5 af/yr. Wastewater disposal would be accommodated by one of two options that were evaluated in the Water Feasibility Report, prepared by Applied Civil Engineering.
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 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: Biological Resources, Cultural Resources, and Transportation. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Discussion Points:
The project was last heard at the December 6, 2023, Planning Commission meeting. At the hearing members of the public and Commissioners provided comments and raised questions regarding topics such as access, water use, and fire safety. The Commission continued the hearing to an uncertain future date so that staff and applicant could address these issues.
Water Analysis -
Since the prior hearing, the applicant has provided a February 20, 2024, addendum to the Water Availability Analysis (WAA), prepared by Richard C. Slade & Associates LLC (RCS).
The previous water study, completed on October 4, 2022, by RCS, was completed using a 30-year average PRISM precipitation dataset. The previous dataset estimated that the subject parcel had a parcel specific groundwater recharge of 5.4 acre-feet per year (AFY). The February 20, 2024, addendum to the WAA recalculated the parcel specific groundwater recharge using a 10-year average PRISM precipitation dataset. This updated analysis reduces the parcel’s estimated groundwater recharge from 5.4 AFY to 4.5 AFY.
The proposed project’s estimated water usage remains unchanged, totaling 3.0 AFY. This proposed water usage is 1.5 AFY below the updated estimated parcel specific recharge of 4.5 AFY. The Mitigated Negative Declaration and Findings have been updated to reflect this revised WAA data.
Red Flag Warning Closure -
The applicant voluntarily added Condition of Approval 4.3(f) and 9.9(a):
4.3(f) Tours and tasting and marketing events shall not occur upon issuance of a Red Flag Warning[1] by the National Weather Service or Napa County Office of Emergency Services, or upon issuance of a Public Safety Power Shutoff (PSPS) Warning by Pacific Gas and Electric (PG&E), when such Warnings have been issued affecting any of the subject parcels of this use permit, including any parcels from which primary and secondary ingress/egress occurs. If Warnings are issued within Napa County, marketing events may take place only if the Project Parcels of this use permit are not located within the boundaries of the Warning order. If a marketing event is occurring at the time a Red Flag Warning or PSPS Warning is issued and takes effect, the event shall be terminated and all attendees and non-essential personnel shall be expeditiously directed off of the property.
Footnote [1] Red Flag Warnings are issued for weather events that may result in extreme fire behavior that will occur within 24 hours, to alert fire departments of the onset, or possible onset, of critical weather and dry conditions that could lead to rapid or dramatic increases in wildfire activity.
9.9(a) Emergency Plan
Prior to the issuance of a Final Certificate of Occupancy and commencement of visitation and marketing activities authorized under this permit, the permittee shall submit for review and approval to the Napa County Fire Marshal and Planning Division a Fire Safety and Evacuation Plan in accordance with Section 403 of the California Fire Code which, includes but is not limited to, winery personnel training, access routes, and an evacuation plan from the winery building, and outdoor areas for winery guests and employees during an emergency event.
Marketing Events -
Recommended Condition of Approval 1.1.i. has been updated to match the marketing event time range of 11:00 A.M to 10:00 P.M., as correctly referenced within Condition of Approval 4.3.
Recommended Conditions of Approval 1.1.j. through l. have been updated to reference Condition of Approval 4.1 through 4.4. This reduces potential inconsistencies by only defining visitation and marketing program counts in one location.
Recommended Condition of Approval 4.2.f. has been added to mirror the intent of Condition 4 of the Department of Public Work’s Memo. This congregates all marketing related conditions to one location.
Public Works Memo -
The Department of Public Works has updated their department memo to reflect the accurate number of proposed marketing events, as correctly referenced within Condition of Approval 4.3.
Environmental Analysis -
Staff prepared an Initial Study and Mitigated Negative Declaration (SCH# 2023110065) that evaluated the environmental impacts of the project and did not identify any potentially significant effects with the incorporation of mitigation measures.
Prior to the December 6, 2023, Planning Commission hearing, Napa County received comments from the California Department of Fish and Wildlife (CDFW) concerning the language of Mitigation Measure BIO-1 and the required criteria to minimize potential impacts to Raptors and Northern Spotted Owls. Staff revised MM BIO-1 to reflect DFW’s criteria.
California Environmental Quality Act (CEQA) guideline §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 with the project’s consistency with adopted County policies and regulations, staff believes that the necessary findings for the project can be made and recommends approval of the Use Permit as proposed and subject to the conditions.
Public Comments - All public comment received during the public comment period of the prior December 6, 2023, Planning Commission meeting has been attached to the previous hearing item’s archived agenda item (available at: https://napa.legistar.com/LegislationDetail.aspx?ID=6434266&GUID=C7D1CEE5-9AAC-4431-8C58-0FE035FB3763&Options=&Search=). All public comment received between 12:00 P.M. on December 5, 2023 (after the previous public comment period ended) until March 28, 2024, has been attached to this agenda item as attachment “H - Public Comment Received After Previous Public Comment Period Ended until 3-25-24). The agenda item will periodically be updated to add new public comment. Public comment was received regarding the Napa County Road and Street Standards.
Napa County Road and Street Standards -
On August 17, 2022, the California State Board of Forestry and Fire Protection (BOF) voted unanimously to adopt revised State Minimum Fire Safe Regulations; On January 31, 2023, the California Office of Administrative Law approved the rule making action and filed the proposed regulations with the Secretary of State. The intent of this action by BOF is to establish standards for fuel breaks and greenbelts near communities, establish measures for preservation of undeveloped ridgelines, improve clarity regarding the inspection and enforcement agencies, promote local jurisdictional compliance with the Fire Safe Regulations, and clarify the process by which that occurs.
The State Minimum Fire Safe Regulations apply to lands designated as in the State Responsibility Area (SRA) and, since July 1, 2021, in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ). Together, the SRA and VHFHSZ cover approximately 73% of Napa County. All California counties and cities must comply with the new State Minimum Fire Safe Regulations.
The State Minimum Fire Safe Regulation became effective on April 1, 2023. The State Minimum Fire Safe Regulations are divided into five (5) Articles; of which only Article 5 was substantially amended, altering the meaning of the regulatory provisions. Provisions in Articles 1 through 4 (Administration, Ingress and Egress, Signing and Building Numbering, and Emergency Water Supply respectively) remain unchanged or the change was non-substantial and did not alter the regulatory effect of the provision(s).
For those unchanged or non-substantive changes in the State Regulations, Napa County preserved previous standards, provisions, and interpretations from the 2019 Napa County Road and Street Standards (NCRSS) that were reviewed and certified by BOF in July 2019, as meeting or exceeding the State’s minimum standards. This includes Napa County’s definition of ‘Access’ in the NCRSS. Access is defined in the NCRSS as “The vehicular route from the nearest publicly maintained Road to Building construction.”
On April 8, 2023, the Board of Supervisors adopted a Resolution amending the NCRSS to comply with the adopted 2021 State Minimum Fire Safe Regulations, relating to ingress and egress in the State Responsibility Area (SRA) and Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ). The amendments adopted by the Board of Supervisors included changes to Section 2 -Scope of the NCRSS; Section 4 - Definitions; Section 14 - Street and Road Classifications; and Section 15 - Design Criteria. The changes did not modify Napa County’s definition of access that was previously certified by the Board of Forestry.
Crystal Springs Road is a publicly maintained road. The Vida Valiente Winery project proposes improvements between Crystal Springs Road and the winery site. Staff have reviewed the proposed project and found that the proposed access improvements are compliant with the NCRSS and therefore compliant with staff interpretation of the 2021 State Minimum Fire Safe 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 Applicant's Proposal (Staff Recommendation)
Disposition - This action would approve the project as proposed, allowing construction and operation of a 30,000-gallon per year winery with related tours and tastings and marking program that would allow up to 28 guests per day, seven days per week. The requested Use Permit would increase water demands, vehicle trips and miles, and wastewater generation at the property, in addition to adding approximately 61,100 sq. ft. of winery coverage area. New construction would be compliant with Napa County zoning code regulations for winery developments, including minimum setbacks from property lines and public roads, maximum lot coverage, and maximum building height. With implementation of mitigation measures pertaining to biological resources, transportation, and cultural resources potential environmental impacts of the project would be less than significant.
Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made.
Option 2 - Modify the Applicant’s Proposal and Reduce Visitation
Disposition - Should the Planning Commission determine that the intensity of the visitation and marketing plan should be reduced, the Commission may take action to reduce the number of daily, weekly, or yearly visitors and/or reduce the number of proposed marketing events and/or reduce the hours of visitation.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and project specific conditions of approval to reduce the maximum daily visitation and/or number of marketing events. If significant revisions to the Conditions of Approval are required, the item may be continued to allow staff adequate time to prepare the revised conditions.
Option 3 - Deny Applicant's Proposal
Disposition - In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit, 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 is not being approved.
Action Required - Commission would take action to deny the project.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
Attachments:
A - Redline Recommended Findings
B - Recommended Findings
C - Redline Recommended Conditions of Approval
D - Recommended Conditions of Approval
E - Revised Initial Study/Mitigated Negative Declaration
F - Letter from Applicant
G - Second WAA Addendum
H - Public Comment Received After Previous Public Comment Period Ended until 4-18-24