TO: Board of Supervisors
FROM: David Morrison - Director of Planning, Building and Environmental Services
REPORT BY: Charlene Gallina - Supervising Planner
SUBJECT: Benjamin Ranch Winery Appeal

RECOMMENDATION
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PUBLIC HEARING 2:00 PM - 5 minutes (Benjamin Ranch Winery)
Consideration and possible action regarding an appeal filed by Michael Honig/Keep Rutherford Rural (Appellant) to a decision by the Napa County Planning Commission on May 19, 2021 to approve Use Permit Application No. P13-00371-UP submitted by Frank Family Vineyards, LLC (the Applicant) to establish a new winery known as the Benjamin Ranch Winery (the Winery) with related development on 8 acres of an approximately 85.1-acre project site. The property is located at 8895 Conn Creek Road, St. Helena and is assigned with Assessor’s Parcel Numbers (APNs) 030-120-016 and 030-120-017.
(APPLICANT, APPELLANT AND STAFF REQUEST A CONTINUANCE TO NOVEMBER 16, 2021 AT 2:00 P.M.)
ENVIRONMENTAL DETERMINATION: According to the proposed Revised Mitigated Negative Declaration, revised to reflect the amended use permit project scope, the proposed project would not have any potentially significant environmental impacts with incorporation of mitigation measures pertaining to Biological Resources and Transportation. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
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EXECUTIVE SUMMARY
This matter involves Appellant’s appeal of the Planning Commission’s approval of the Winery project. The Winery would produce up to 475,000 gallons of wine per year in approximately 87,292 square feet of building area that would house business/administrative functions, a commercial kitchen for preparation of meals for winery employees, and rooms for conducting winery tours and tastings, in addition to barrel storage and wine production functions. The Winery would: a) operate daily between the hours of 8:00 a.m. and 6:00 p.m.; b) include a wine marketing program consisting of up to 9 catered events per year for up to 16 to 150 guests per event, and participation in the Napa Valley Wine Auction; c) offer wine tours and tastings by appointment for up 150 people per day on Mondays, Tuesdays and Wednesdays, and up to 300 people per day on Thursdays, Fridays, Saturdays and Sundays, inclusive of guests attending marketing events (the number of daily tours and tastings would be reduced by a number equal to the number of guests planned to attend a marketing event on that same day), and with tours and tastings offered daily between the hours of 10:00 a.m. and 6:00 p.m.; d) offer retail sale of wine and wine-related items, along with allowance for consumption on-site of wine purchased on the premises pursuant to Business and Professions Code Sections 23358, 23390 and 23396.5; and e) employ up to 61 full-time and part-time staff members. The proposed project would require demolition of an existing shed currently used for vineyard management, on-site relocation of an existing storage barn, and redevelopment of a portion of the site with new winery and hospitality buildings, 94 parking stalls, and a new access driveway from Conn Creek Road/State Route 128.
The property is located at 8895 Conn Creek Road, St. Helena and is assigned with Assessor’s Parcel Numbers (APNs) 030-120-016 and 030-120-017. The property is in the AP (Agricultural Preserve) Zoning District and has a General Plan land use designation of AR (Agricultural Resource).
To accommodate all parties’ schedules and to comply with the County’s appeals ordinance, Appellant, Applicant and Staff request that this hearing be opened and continued to November 16, 2021 at 2:00 P.M.
PROCEDURAL REQUIREMENTS
1. Chair introduces item.
2. Motion by a Board member and second by another Board member to continue this item to November 16, 2021 at 2:00 P.M.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
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Is it currently budgeted? |
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Is it Mandatory or Discretionary? |
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Discretionary Justification: |
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Is the general fund affected? |
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Future fiscal impact: |
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Consequences if not approved: |
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County Strategic Plan pillar addressed: |
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Additional Information |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: According to the proposed Revised Mitigated Negative Declaration, revised to reflect the amended use permit project scope, the proposed project would not have any potentially significant environmental impacts with incorporation of mitigation measures pertaining to Biological 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
The matter before the Board involves an appeal filed by Michael Honig/Keep Rutherford Rural (the Appellant), to the Planning Commission’s May 19, 2021 approval of Use Permit No. P13-00371-UP to establish a winery with development on 8 acres of an approximately 85.1-acre project site. The Winery would produce up to 475,000 gallons of wine per year in approximately 87,292 square feet of building area that would house business/administrative functions, a commercial kitchen for preparation of meals for winery employees, and rooms for conducting winery tours and tastings, in addition to barrel storage and wine production functions.
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 calendar days nor more than ninety calendar days from submittal of an appeal. In compliance with the ninety-day scheduling deadline, and to accommodate all parties’ schedules, the parties request that this hearing be opened and continued to the next regular Board meeting date when all parties are available, which is November 16, 2021 at 2:00 P.M.