TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director Planning, Building and Environmental Services
REPORT BY: Hannah Spencer, Planner III
SUBJECT: AXR Napa Valley Winery Use Permit Major Modification (P22-00417-MOD), Variance (P26-00045-VAR), and Administrative Viewshed Permit (P26-00044-VIEW)
RECOMMENDATION
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MARK SCHRATZ / AXR NAPA VALLEY WINERY / USE PERMIT MAJOR MODIFICATION P22-00417-MOD, VARIANCE P26-00045-VAR, AND ADMINISTRATIVE VIEWSHED PERMIT P26-00044-VIEW
CEQA Status: Consideration and possible adoption of a Subsequent Mitigated Negative Declaration. According to the proposed Subsequent Mitigated Negative Declaration, the project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Aesthetics, Biological Resources, Cultural Resources, Transportation, and Tribal Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request:
1) Approval of a Major Modification to Winery Use Permit Nos. P08-00099 and P04-0541 to allow construction of a new type I wine cave, conversion of the barrel storage building to a tasting room and the adjacent outdoor crush/tank pad to hospitality uses, conversion of the main residence (apartment) to winery office use, an increase in employees and visitation, an expanded marketing program, water and wastewater system improvements, a left turn lane on St. Helena Highway / Highway 29 (SR 29) and associated driveway modifications;
2) A Variance to the 600-foot winery setback from SR 29 to allow aboveground structures associated with the wastewater treatment system; and
3) an Administrative Viewshed Permit for cave portals and water and wastewater system improvements on slopes ranging from 15 to 18 percent.
The project is located on a 7.85-acre parcel zoned for Agricultural Watershed (AW) with a General Plan land use designation of Agriculture, Watershed, and Open Space (AWOS) at 3199 N. St. Helena Highway, St. Helena, CA 94574; APN: 022-080-025.
Staff Recommendation: Adopt the Initial Study/Subsequent Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project and approve the Use Permit Major Modification No. P22-00417, Variance No. P26-00045, and Administrative Viewshed Permit No. P26-00044, as conditioned.
Staff Contact: Hannah Spencer, Planner III; Hannah.spencer@countyofnapa.org, (707) 253-4018
Applicant Contact: Mark Schratz, 3199 N. St. Helena Highway, St. Helena, CA 94574
Applicant Representative Contact: Jeffrey Redding, Land Use Planning Services, 2423 Renfrew Street, Napa CA 94558; jreddingaicp@comcast.net, (707) 815-0723.
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Initial Study/Subsequent Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program (MMRP) based on recommended Findings 1-7 in Attachment A;
2. Approve the Variance request (P26-00045-VAR) based on recommended Findings 8-12 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
3. Approve the Administrative Viewshed Permit request (P26-00044-VIEW) based on recommended Findings 13-19 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
4. Approve the Use Permit Major Modification (P22-00417-MOD) based on recommended Findings 20-24 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The Use Permit Major Modification request (P22-00417) seeks approval for several site enhancements and an expansion in visitation and marketing activities while maintaining the winery’s existing wine production capacity (20,000 gallons per year). Primary requests include the construction of a new Type 1 production cave with three portals and the conversion of the existing barrel storage building (and outdoor crush pad) into tasting and hospitality space. Additionally, the applicant proposes converting the main residence (apartment) to office use and establishing on-premises consumption per Business and Professions Code sections 23358, 23390 and 23396.5. To support increased staffing, visitation, and marketing events, the project includes upgrades to water and wastewater systems, driveway improvements, and a new northbound left-turn lane on SR 29. Finally, the application seeks to legalize several site modifications completed by previous ownership without the required use permit modification approvals.
The project is estimated to increase water demands by 0.11+/- acre-feet per year (AFY) resulting in a maximum of 2.82+/- AFY, or approximately 47% of the parcel’s estimated yearly groundwater recharge total of 6.42 AFY as detailed in the Water Availability Analysis prepared by EBA Engineering. Sanitary wastewater would be disposed of onsite in an existing conventional septic system. Winery process wastewater disposal would be accommodated through a new wastewater treatment system as detailed in the Water Feasibility Study prepared by Summit Engineering Inc. Due to winery setback and slope limitations, the request includes a Variance application (P26-00045) to allow aboveground wastewater tanks and/or a treatment unit in the 600-foot setback from SR 29, as well as an Administrative Viewshed Permit application (P26-00044) for constructing cave portals and water and wastewater system improvements on slopes ranging from 15 to 18 percent.
Staff has reviewed the proposed project and supports granting approval, subject to the attached recommended Findings and recommended Conditions of Approval included in Attachments A and B, respectively. Wineries and associated visitation and marketing activities are conditionally permitted uses within the Agricultural Watershed (AW) zoning district. The project is on a 7.85-acre parcel located within one (1) mile of 13 existing wineries. The site contains a Local Historic Landmark (“Hirsch residence”) and was originally approved for a small winery in 2005 via zoning exceptions to winery setbacks and minimum parcel size for pre-prohibition wineries. The project is designed to avoid sensitive habitats and minimize impacts to historic resources and public views from SR 29. Recommended mitigation measures require pre-construction surveys for northern spotted owls, nesting birds, and bats. Visual impacts will be managed through oak tree preservation, replanting, structural screening and exterior building material/color requirements. Cultural and tribal resources will be protected by adhering to federal and county standards in coordination with qualified professionals and a tribal monitoring agreement. Transportation impacts will be significantly reduced through compliance with the Napa County Road and Street Standards and construction of a new left turn lane. The applicant must also participate in a groundwater demand management program to ensure local water resources will be protected.
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 Subsequent Mitigated Negative Declaration. According to the proposed Subsequent 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: Aesthetics, Biological Resources, Cultural Resources, Transportation and Tribal Cultural 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: Mark Schratz, 3199 N. St. Helena Highway, St. Helena, CA 94574
Representative: Jeffrey Redding, Land Use Planning Services, 2423 Renfrew Street, Napa CA 94558; jreddingaicp@comcast.net, (707) 815-0723.
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Parcel Size: 7.85 acres
Application Filed: December 22, 2022
Resubmittals Received: April 21, 2023, December 20, 2023, April 3, 2024, August 5, 2024, April 7, 2025, July 28, 2025, November 15, 2025
Application Deemed Complete: November 24, 2025
Courtesy Notice Sent: January 31, 2023
State Clearinghouse Number: 2026040915
Existing Development: The 7.85-acre parcel has over 500 feet of frontage along SR 29, with access provided by an existing looped driveway featuring separate ingress and egress points. Bea Lane, a private paved road, bisects the northwestern corner of the property; consequently, the entire parcel is subject to established winery road setbacks from both thoroughfares. Current onsite land uses include a 3.5-acre vineyard (planted in early 2000s) and the historic August Hirsch residence/winery (re-established in 2005) with an attached apartment (main residence) totaling 6,702 square feet in size, a 1,492 square foot barrel storage building with a 1,204 square foot outdoor crush pad, and three legal nonconforming cottages (recognized by File No. 00516-CLN). Parking is comprised of four residential spaces alongside 22 winery-specific spaces (21 standard, one accessible). Of the three existing water supply wells, one currently serves the entire site, while the remaining two are inactive. All sanitary and process water is currently disposed of via a comingled wastewater treatment system and conventional leachfield. The Winery operates daily with four employees, offering tastings by appointment and hosting up to 12 marketing events annually.
Adjacent General Plan Designation / Zoning / Land Use: Surrounding land uses include vineyard and forest/open space interspersed with residences and wineries. The two closest neighboring residences are within 200 feet of the project site.
Surrounding Land Uses:
• North: A residential parcel zoned AW with AWOS General Plan Designation.
• East: A vineyard parcel zoned AP with AWOS and AR General Plan Designations.
• South: Two parcels with residences, vineyards and forested land, zoned AW with AWOS General Plan Designation.
• West: A parcel with a residence, vineyard, and forested land zoned AW with AWOS General Plan Designation.
Nearby Wineries located within one (1) mile of the project: Metzger Vineyards, Brasswood Napa Valley, Ehlers Estate Winery, Sodhani Winery, Trinchero Napa Valley, Sabina Vineyards, Freemark Abbey, Berman Family Winery, El Molino Winery, Grace Family Winery, Allora Winery, Turley Wine Cellars, and Duckhorn Vineyards.
Request: AXR Napa Valley Winery requests a Major Use Permit Modification to File No. P08-00099-MOD and P04-0541 to allow for the following:
• New Production Cave - Construct a new 17,190+/- square foot Type I production cave and three portals; with 11,993+/- square feet for barrel storage and 5,197+/- square feet for crush pad, tank farm and related wine production uses.
• Existing Barrel Storage Building - Convert the existing 1,492 square foot barrel storage building to a tasting room and the adjacent 1,204 square foot outdoor crush/tank pad to tasting and hospitality uses.
• Existing Winery Building (historic Hirsch residence) - Maintain winery storage/production uses in the cellar (2,555 square feet of production) and reconfigure the main level to convert the entire floor (4,147 square feet- includes attached residence) to accessory uses (tasting rooms, offices, restrooms, breakrooms, etc.).
• Water Systems and Storage - Use existing well and storage tanks, and install a new public water system, fire pump house, and five replacement 10,500-gallon water tanks for fire protection.
• Wastewater Systems - Use the existing domestic septic system to serve employees and guests and install a separate process wastewater treatment system.
• Parking - Formalize the previous parking lot expansion to include 17 standard and one accessible space, while removing five existing spaces for the cave portal access road. Daily operations will be supported by these stalls, while medium and large events will utilize valet services, onsite overflow, and employee shuttles.
• Driveway/Internal Circulation - Upgrade existing driveway to comply with Napa County Road and Street Standards (NCRSS) and construct a new road connecting the existing interior access road to the new cave portals.
• New Left Turn Lane - Widen SR 29 to accommodate a new left-turn lane and remove up to six oak trees from the Caltrans right-of-way.
• Production Volume - Maintain the existing permitted production capacity of 20,000 gallons per year.
• Landscaping - Use existing landscaping and install new screening vegetation for cave portals #2 and #3.
• Employees - Increase current staffing from 4 employees to the following totals:
o Weekdays: 6 full-time employees during harvest; 4 full-time employees outside of harvest; and 2 part-time employees year-round.
o Weekends: 12 full-time employees and 5 part-time employees year-round.
• Hours of Operation -
o Maintain existing production hours of 8:00 a.m. to 6:00 p.m., seven days a week.
o Modify visitation hours to 10:00 a.m. to 6:00 p.m. (including retail), seven days a week.
o Maintain marketing event hours of 10:00 a.m. to 10:00 p.m. and clarify quiet clean-up to complete by 11:00 p.m. and all events to avoid the peak traffic hours which are considered to be from 4:00 p.m. - 5:00 p.m. on weekdays and 2:00 p.m. - 3:00 p.m. on weekends.
• Visitation and Marketing -
o Increase daily visitation to 60 people per day during harvest, except from December 1 to March 31 visitation will reduce to 40 people per day.
o Establish on-premises consumption of wine (Business and Professions Code sections 23358, 23390 and 23396.5).
o Provide pre-packaged food service for daily visitors and catered food service for marketing events (no commercial food facility proposed).
o Increase the number of annual marketing events from 12 to 31 per year as follows:
§ Twenty-four (24) events with 25 guests, occurring twice per month (tours/tastings limited to 35 visitors on event days)
§ Four (4) events with 75 guests (tours/tasting closed on event days)
§ Three (3) events with 150 guests (tours/tasting closed on event days)
Variance:
As the entire parcel is encumbered by overlapping winery setbacks, the project includes a request for a variance to allow the new winery process wastewater treatment system in the highway setback, approximately 415 feet from SR-29 (where 600 feet is required). Aboveground structures associated with this system include two 5,000-gallon tanks and/or a 900 square foot treatment unit (see further discussion in Section VII. below).
Viewshed Protection Program:
The project also includes a request for a viewshed permit to allow cave portals and structures associated with water and wastewater systems on slopes ranging from 15 to 18 percent in locations partially visible from SR-29, a County-designated Viewshed Road.
Zoning Setbacks: Excepting the winery setbacks required under Sec. 18.104.230(A), all existing and proposed project structures meet required road and yard setbacks listed under Sec. 18.112 and 18.104.010.
• Side and Rear Property Line setbacks: 20 feet
• Existing and Proposed setbacks: All existing and proposed winery structures exceed 20 feet from side and rear property lines.
• Winery - Highway Setback: 600 feet from centerline of SR 29
• Existing and Proposed setbacks: The existing winery and barrel storage buildings are 218 feet and 467 feet from the centerline of SR 29, respectively. Proposed cave portals* and the wastewater treatment system are 400 to 567 feet from the centerline of SR 29.
• Winery - Private Road Setback: 300 feet from centerline of Bea Lane
• Existing and Proposed setbacks: The existing winery and barrel storage buildings are 200 feet and 30 feet from the centerline of Bea Lane, respectively. Proposed cave portals* are 100 to 300+ feet from the centerline of Bea Lane. The proposed wastewater treatment system is 400+ feet from the centerline of Bea Lane.
*Per Sec. 18.104.230(A), Cave portals that are not visible from the road are permitted within winery setbacks. As discussed further below, proposed cave portals will be fully screened from view from roadways due to existing topography, structures, vegetation, and new landscaping.
Parcel History: The project site is the former August Hirsch Winery (main residence, cellar, and barn) built in the late 1800’s. From 1930 to 1950 the Hirsch residence and cottages were used as a restaurant and lodging resort facility historically known as, “The Madrones”. In 2005, the Planning Commission adopted a Mitigated Negative Declaration (SCH No. 2005082087) and approved Use Permit File No. P04-0541 for “V Madrone Cellars” which re-established the pre-prohibition winery within the historic Hirsch residence, cellar, and barn and converted their uses to winery operations as allowed under Sec. 18.104.245 (exceptions for pre-prohibition wineries). The 2005 Use Permit approved the following:
• 20,000-gallon maximum annual wine production capacity.
• Use of the Hirsch residence for office, conference, shipping/receiving, equipment and dry storage, employee break room, and lobby uses (2,547 square feet).
• Use of the Hirsch residence cellar and basement for barrel, bottle and bulk storage (2,555 square feet).
• Relocation and conversion of the 798 square foot historic barn and attached 136 square foot outbuilding to barrel storage, storage, and restroom use.
• Conversion of the 425 square foot unenclosed outbuilding to covered work areas.
• Construction of a new 1,204 square foot outdoor tank and crush pad behind the Hirsch residence.
• 15 parking spaces.
• Two full-time and two part-time employees.
• Hours of operation - seven (7) days a week from 8:00 a.m. to 6:00 p.m. for production; 8:00 a.m. to 4:00 p.m. for visitation (retail until 4:30 p.m.); and 10:00 a.m. to 10:00 p.m. for events provided they are scheduled outside of peak traffic hours.
• By-appointment only tours and tastings for 20 people per day and 12 annual marketing events with attendance ranging from 20 to 75 people.
The 2005 Use Permit conditions of approval required the owner to designate the attached second unit as the main residence and complete various site improvements and protection measures for historic resources onsite. These measures included installation of a left-turn lane for ingress and egress to the winery on Highway 29, and listing the historic structures on the California Register or National Register.
In 2007, the Planning Commission designated the historic Hirsch residence and site as a Napa County Local Landmark under File No. P07-00656 (Napa County Landmark ID#141202). Two cottages, a historic rock wall and cistern, and a redwood grove and oak trees were included in the local landmark designation as contributing accessory structures and landscape features. On May 7, 2008, the Planning Commission adopted an Addendum to the 2005 Mitigated Negative Declaration (SCH No. 2005082087) and approved a use permit modification (P08-00099) for the following requests:
• Substitute the original left-turn lane condition of approval requirement with an equivalent “No Left Turn” arrangement as accepted by Caltrans. This included the elimination of two non-historic cottages (Buildings #5 and 6), installation of two “No Left Turn” signs at the winery driveway, and other driveway changes to make turning left in and out of the project difficult.
• Modify a use permit condition to reflect that the local landmark designation completed in 2007 met the intent of the original use permit’s requirement to list the Hirsch residence and barn on the California Register or National Register.
• Convert the agricultural barn and outbuildings into a single, slightly larger Winery Barrel Storage building of 1,492 square feet in size.
• Allow the proposed 1,204 square foot outdoor tank/crush pad to be built behind the barrel storage building instead of next to the Hirsch residence/winery.
Since 2013, the property has been subject to a Mills Act Historical Preservation Agreement to ensure the preservation of the Hirsch residence and the cottages in exchange for a reduced property tax assessment (File No. P12-00417).
The current owners, Silverado Trail Wine Partners IV, LLC, acquired the property in 2017 and subsequently rebranded the facility as V Madrone Cellars. Under previous ownership, the parking lot was expanded and reconfigured to provide 22 standard spaces and one accessible space; modifications were also made to the winery’s main floor.
Code Compliance History: There are no open or pending code violations on the subject property.
Discussion Points:
Setting
Located about 1.3 miles north of the City of St. Helena, the project site sits on a northeast-facing slope at the edge of the valley floor. Elevations range from 300 to 350 feet above mean sea level, with the terrain steepening as it moves west from SR 29. The property and surrounding area feature a mix of vineyards, landscaped areas, and forests of Douglas-fir, Ponderosa pine, and oak woodland. Hirch Creek, a designated significant stream, flows east along the northern project parcel boundary toward the Napa River. The creek contains substantial riparian cover though portions of the stream bank within vicinity of the project have been modified over time. As a designated Local Historic Landmark, the project parcel is entirely encumbered by overlapping winery setbacks.
Winery Characteristics
As discussed above, this Major Use Permit Modification seeks approval for several site enhancements and an expansion in visitation and marketing activities while maintaining the winery’s existing wine production capacity (20,000 gallons per year). Primary requests include the construction of a new Type 1 production cave with three portals and the conversion of the existing barrel storage building (and outdoor crush pad) into tasting and hospitality space. Additionally, the applicant proposes converting the main residence (apartment) to office use and establishing on-premises consumption per Business and Professions Code sections 23358, 23390 and 23396.5. To support increased staffing, visitation, and marketing events, the project includes upgrades to water and wastewater systems, driveway improvements, and a new northbound left-turn lane on SR 29. Finally, the request seeks to formalize various site modifications completed by previous ownership.
Overall, the project proposes grading/excavation of a net 14,150+/- cubic yards and adding 11,484+/- square feet of impervious surface area on the project parcel. The project increases winery coverage from 0.80 acres to 1.14 acres (10% to 14.5% of the parcel) and the winery development area from 0.10 acres to 0.12 acres. Winery production space will increase from 5,851+/- square feet to 19,745 square feet and accessory use space from 1,947+/- square feet to 5,639 square feet (includes the existing 1,600 square foot attached apartment), resulting in a 28.5% accessory use to production use ratio. Previously approved uses and proposed modifications are summarized below.
Production Capacity:
• Approved: 20,000 gallons per year.
• Proposed: No change.
Winery Production Space:
• Approved: 5,851 square feet consisting of the barrel storage building (1,492 square feet), outdoor tank/crush pad (1,204 square feet), and the winery’s cellar (2,555 square feet) and main floor (600+/- square feet. (Note: Square footages are based on floor plans approved under Use Permit Modification P08-00099.)
• Existing: 5,251+/- square feet consisting of the barrel storage building (1,492 square feet), outdoor tank/crush pad (1,204 square feet), and the winery’s cellar (2,555 square feet).
• Proposed: 19,745 square feet consisting of new type I wine cave (17,190 square feet) and continued use of the winery’s cellar (2,555 square feet).
Winery Accessory Uses:
• Approved: 1,947+/- square feet on the winery’s main floor.
• Existing: 2,547 square feet on the winery’s main floor.
• Proposed: 5,639 square feet consisting of a tasting room/hospitality building (1,492 square feet - formerly barrel storage) and the entire main floor of the winery (4,147 square feet - includes former production and residential spaces).
Commercial Kitchen:
• Approved: None.
• Proposed: No change.
Employees:
• Approved: 2 full-time and 2 part-time year-round
• Proposed: Weekdays - 6 full-time employees during harvest, 4 full-time employees outside of harvest, and 2 part-time employees year-round. Weekends - 12 full-time employees and 5 part-time employees year-round.
Visitation:
• Approved: 20 people per day with an average of 90 per week.
• Proposed: 60 people per day with an average of 420 per week (reduced to 40 per day and 280 per week December - March). Includes establishing three outdoor areas (located at the “Northern Outdoor Tasting Area” east of the Hospitality Building; at the “Hospitality Patio” and at the “Southern Outdoor Tasting Area” located south of the Hospitality Building) for on-premises consumption of wine per Business and Professions Code sections 23358, 23390 and 23396.5.
Marketing Program:
• Approved: 12 events - six with 75 people and six with 20 people.
• Proposed: 31 events ranging in size from 25 to 150 guests, as follows -
o 24 events with 25 guests, occurring twice per month (tours/tastings limited to 35 visitors on event days)
o Four (4) events with 75 guests (tours/tastings closed on event days)
o Three (3) events with 150 guests (tours/tastings closed on event days)
Hours of Operation:
• Production - Approved: 8:00 a.m. - 6:00 p.m., seven days a week.
• Production - Proposed: No Change.
• Visitation - Approved: By-appointment only tours and tastings from 8:00 a.m. to 4:00 p.m. with retail open until 4:30 p.m., seven days a week.
• Visitation - Proposed: By-appointment only tours and tastings from 10:00 a.m. to 6:00 p.m., seven days a week
• Marketing Events - Approved: 10:00 a.m. to 3:00 p.m. and 5:00 p.m. to 10:00 p.m. on weekdays; 10:00 a.m. to 2:00 p.m. and 5:00 p.m. to 10:00 p.m. on weekends.
• Marketing Events - Proposed: 10:00 a.m. to 10:00 p.m. with quiet clean-up completing by 11:00 p.m. All events to avoid the peak traffic hours which are considered to be from 4:00 p.m. - 5:00 p.m. on weekdays and 2:00 p.m. - 3:00 p.m. on weekends.
Parking:
• Approved: 15 spaces
• Existing: 22 standard spaces, 1 accessible space
• Proposed: 17 standard spaces, 1 accessible space, onsite unimproved overflow event parking accommodating up to 37 vehicles.
Pre-prohibition “Ghost” Wineries
In 2002, the Board of Supervisors adopted the original “Ghost Winery Ordinance,” (Ordinance No. 1198) allowing exceptions to setback and parcel size requirements to facilitate the reestablishment of pre-prohibition wineries (codified under Sec. 18.104.245). The Ordinance was later amended to allow a reduced minimum parcel size-from five acres to two-for ‘ghost wineries’, provided they meet all environmental standards. While a 2002 report on file identifies 85 extant historic wineries throughout the unincorporated and incorporated areas of Napa County, staff believe the potential for reestablishing pre-prohibition wineries on substandard parcels remains limited as the majority of these sites are located on parcels greater than 10 acres. (Note: See 'Extant Historic Winery Buildings in Napa County' by Meg Scantlebury, Architectural Historian, on file under #P09-00171 and #P09-00344-ZOA. This report may not reflect current conditions or provide an exhaustive inventory).
As discussed above, the Planning Commission determined the subject 7.85-acre parcel and the original winery use permit (requested by V Madrone Cellars) met criteria for utilizing pre-prohibition winery exceptions to minimum parcel size and winery setbacks. The proposed Use Permit Major Modification request is consistent with Sec. 18.104.245 in that the winery does not exceed the maximum 20,000-gallon production limit and the historic Hirsch residence building will continue to be used for production activities. There are no proposed changes that would otherwise conflict with the pre-prohibition “ghost” winery ordinance
Traffic / Access
The County maintains a set of Transportation Impact Study Guidelines (TIS Guidelines) that define situations and project characteristics that trigger the need to prepare a TIS. Per the County’s current TIS Guidelines, a project is required to prepare a TIS if it generates 110 or more net new daily vehicle trips and is presumed to have a less than significant impact for Vehicle Miles Travelled (VMT). Based on the Trip Generation worksheet, the project’s proposed increase in employees, visitation and marketing events would result in a maximum of 62 new Weekday Daily Trips and 82 new Weekend Daily Trips. Due to the relatively low number of new daily trips, the project is presumed to have a less-than-significant impact for VMT. Although the estimated trip generation does not exceed 110 net new daily trips, the project was required to prepare a full Traffic Impact Study under the previously adopted TIS Guidelines.
According to the Traffic Impact Study prepared by GHD Inc. on December 12, 2025 (TIS), any driveway along SR 29 with an Average Annual Daily trip over 20 would require a left turn lane. As the project is estimated to generate a total of 116 daily trips at the south driveway, installation of the proposed northbound left-turn lane is required. The TIS finds that installation of the left-turn lane and associated driveway signage will ensure the safety of turning movements onto the site and maintain the existing flow of traffic so that the traffic flow is not impeded. Additionally, the TIS finds that Caltrans’ sight distance recommendations will be met for the SR 29 speed limit and measured vehicle speeds.
The proposed design plans were accepted by Caltrans and Napa County’s Engineering Division and Department of Public Works. Final plans will be reviewed and approved by the Department of Public Works and Caltrans thereby ensuring compliance with NCRSS and Highway Design Manual Standards. Recommended Mitigation Measure TRANS-1 requires completion of the left-turn lane before increasing daily site trips while standard Conditions of Approval require marketing activities to continue avoiding the peak hours. The winery will also be required to implement a VMT/Travel Demand Transportation reduction plan further reducing trips to the site.
Parking
As proposed, the winery would have 17 standard parking spaces and one space designated for ADA drivers. Up to 10 employees are anticipated to be onsite at any one time and visitors to the Winery will continue to be by-appointment only. As such, typical operations would include up to 60 visitors arriving in potentially 24 vehicles per day in a staggered arrangement so that there should never be more than seven (7) guest vehicles at the site at any one time. Occasionally, visitors could arrive in a higher-occupancy vehicle such as an SUV, minivan or smaller shuttle bus. During medium and large marketing events, the winery proposes to shuttle all employees from offsite parking locations while using the existing 17 parking spaces for guests and accommodating the remaining parking demand (up to 37 guest vehicles) in unimproved overflow parking areas as shown on the Event Parking Plan prepared by Summit Engineering, Inc., dated November 14, 2025 (see Graphics Attachment N). To address noise concerns (discussed further below), the Conditions of Approval prohibit the use of the overflow parking area located adjacent to the ‘Northern Outdoor Tasting Area’. The applicant is required to submit an updated event-specific parking plan, which may incorporate additional shuttle services. All event parking plans remain subject to Fire Marshal review to ensure emergency access is maintained.
Noise
The project would result in a temporary increase in noise levels during grading and construction activities and the intermittent increase of ambient noise resulting from increased visitation and marketing activities. The nearest non-project related residences are located about 150 feet to the southeast (from new cave portals) and 80 feet to the north (from new outdoor tasting and on-site consumption areas). Due to the orientation of existing buildings, existing vegetation, as well as ambient noise levels from SR 29, the potential for the creation of significant noise from increased employee counts, visitation, and marketing events is significantly reduced. Further, all existing outdoor production activities will be moved inside the new wine cave and noise resulting from winery truck traffic will remain unchanged. Standard project conditions of approval will continue to reduce noise impacts to neighbors by prohibiting outdoor amplified music and requiring marketing events to finish by 10:00 p.m., with quiet cleanup ending by 11:00 p.m. Furthermore, to ensure compliance with daytime noise standards at the closest residence to the north, recommended Conditions of Approval include: limiting the 'Northern Outdoor Tasting Area' to 30 people at any time; requiring all doors and windows of the Hospitality building to remain closed during marketing events with amplified music; and prohibiting overflow event parking adjacent to the Northern Outdoor Tasting Area.
Since the original use permit was approved and built out (circa 2013), the existing facility has generated noise from winery production, visitation and marketing activities with no formal complaints received from neighbors (per County Code Enforcement records). Continuing enforcement of Napa County’s Noise Ordinance by the Division of Environmental Health and the Napa County Sheriff, including the prohibition against outdoor amplified music, should further ensure that the proposed changes to visitation and marketing events do not create a significant noise impact.
Viewshed Protection Program / SR 29 Scenic Corridor
All new structures are proposed in the rear portion of the property, over 400 feet from SR 29 (a designated viewshed road), and on slopes that do not exceed 18 percent. New structures will be substantially screened by a combination of existing topography, existing vegetation, and new landscaping, including nine (9) new 24-inch box ‘Swan Hill’ multi-trunk olive trees measuring 20-feet wide by 20-feet high. As proposed, the project has been designed in substantial conformance with the County’s viewshed protection manual because it would avoid grading on slopes more than 30% and is not sited near a ridgeline. By using existing structures and access features, minimizing alteration of existing contours, and preserving the vineyard and forested areas on the property, the project preserves views of hillsides and does not result in substantial changes to the natural landforms and topography of the site.
To accommodate sight distance requirements for existing access and road widening for the new left turn lane, the project would result in removal of up to six oak trees from the Caltrans SR 29 right-of-way consisting of five (5) White Oaks and one (1) Blue Oak ranging in size from seven (7) inches DBH to 24 inches DBH. Although there is no locally adopted Corridor Protection Program for SR 29, the highway is still considered as part of the scenic highway system due to its eligibility status, and therefore efforts should still be made to protect its scenic qualities. By requiring replacement trees or preservation of existing oak trees onsite through Mitigation Measure VIS-1, the project would reduce impacts to the scenic quality of the SR 29 corridor. Compliance with the County’s Sign Ordinance provides additional protection by enforcing standards that preserve the natural beauty and environment of unincorporated Napa County.
Cultural Resources
Since 2007, the project site-comprising the historic August Hirsch residence, cellar, and barn built in 1883-has been a designated County Local Landmark (Landmark ID #141202). Two 19th-century cottages, rock wall (“Ehlers Lane Rock Wall”), cistern, redwood grove, and oak trees are considered contributing accessory structures and landscape features to the site’s historic resource. The site is also subject to a Mills Act Historical Preservation Agreement recorded under Official Record No. 2013-0032878. The proposed project will result in partial removal of Ehlers Lane Rock Wall to allow for road widening improvements along SR 29. No other exterior alterations to historic structures or contributing accessory features are proposed.
In August 2025, Evans & De Shazo, Inc. prepared an updated Historic Resources Evaluation of the property and proposed improvements (2025 HRE). The 2025 HRE determined that the project meets the Standards for Rehabilitation and supports the continuation designation of the property as eligible for the Mills Act. Mitigation Measure CUL-1 requires all site work, rehabilitation, or modifications to the site, including the rock wall and stone pillars, to comply with the Secretary of Interior’s Standards for the Treatment of Historic Properties and Napa County’s Landmark Preservation Ordinance. Additionally, a condition of approval has been incorporated into the project to ensure the local Landmark designation listing is updated to reflect the existing setting as recommended in the 2025 HRE.
Biological Resources
Primary vegetation onsite and, in the area, includes vineyard and landscaping, Douglas-fir and Ponderosa pine forest, as well as mixed oak woodland. Hirsch Creek, an intermittent blue-line stream, flows easterly through the northern border of the parcel. According to the Napa County GIS Environmental Maps (CNDDB layer), the property is within range of three Northern Spotted Owl (NSO) activity sites.
The project utilizes an existing winery and residential building complex consisting of two winery buildings, fire pump houses and water tanks, three residential cottages, and associated graveled roads, pathways, and landscaping. The proposed locations for the new cave portals, fire pump house, replacement water tanks and winery process wastewater treatment system are all within disturbed areas of the property containing a combination of dirt roads and graveled areas, landscaped areas, and vineyard. All construction and outdoor hospitality areas are outside of sensitive habitats, including the Hirsch Creek stream setbacks. No wetlands, vernal pools or other hydrological features were observed within the development area or are mapped by Napa County GIS Environmental Maps. Trees proposed for removal are located immediately adjacent to SR 29 and consist of five (5) White Oaks and one (1) Blue Oak ranging in size from seven (7) inches DBH to 24 inches DBH.
Although the project utilizes a developed landscape, there is still potential for the project’s construction phase to pose a disturbance to NSO, as well as nesting raptors and other native birds and roosting bats. To mitigate any potentially significant impacts to owls, Mitigation Measure BIO-1 requires NSO surveys and coordination with the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFW) as needed, prior to any on site construction activities and vegetation removal that would occur during the NSO nesting season. To address potential impacts to other protected wildlife, Mitigation Measures BIO-2 and BIO-3 require pre-construction nesting bird and raptor surveys and bat habitat assessments. Since the trees proposed for removal are outside of mapped oak woodlands, forests, and riparian woodland, the vegetation canopy cover retention and removal mitigation requirements under Conservation Regulations do not apply.
Water Availability Analysis
A Water Availability Analysis (WAA) was prepared by EBA Engineering on July 25, 2024. As directed by the County’s WAA Guidance Document dated May 2015 and the Interim Standards, the report includes Tier 1 calculations for the existing and proposed water uses, a groundwater recharge analysis, a Tier 2 well and spring interference analysis, and a Tier 3 groundwater/surface water interaction analysis. Details on the Tier 1, 2 and 3 analyses are provided below.
Background:
This summary accounts for project site modifications since the original 2004 winery use permit (#P04-0541) and the applicant’s withdrawal of the request to increase annual wine production from 20,000 to 35,000 gallons. Technical reports predating this withdrawal-including the WAA-still contain data regarding the proposed increase. Additionally, the WAA (Exhibit E) utilizes the 2004 baseline water demands; however, following the 2008 removal of two cottages, current water demands are assumed to be lower than this 2004 baseline. Additional site changes include a minor 0.2-acre vineyard expansion.
There are three existing water supply wells on the property, one of which currently supplies all water use onsite. The other two wells are no longer in use. Of these two, one is proposed to be destroyed via a well demolition permit and the other well is proposed to remain as a potential backup well or be destroyed. Per Engineering Division Conditions of Approval, a backup well is allowed pursuant to Napa County Code 13.12.460(B), however it cannot be used for the project without first submitting a Tier 2 and Tier 3 analysis to the PBES Engineering Division for review. A fourth well on the property was destroyed in 2007. The property also has a historic spring water right that is no longer in use (located offsite, within Hirsch Creek).
Summary of wells and springs:
• Project Well - Located in southwestern portion of the property and supplies all water uses onsite. The well has a completed depth of 699 feet, an annular seal of 62 feet, and a 6-inch casing. At the time of completion in 2018, the well yielded 125 gallons per minute during a 2 hour air lift pump test. Permit #E18-00508; State Permit WCR e0367373.
• Proposed Backup Well - Located near SR 29. Engineering Division Conditions of Approval require a Tier 2 and Tier 3 Analysis prior to utilizing this well for the project.
• Well to be Destroyed - Located in winery building complex. Engineering Division Conditions of Approval require a well destruction permit.
• Destroyed Well - Located adjacent to barrel storage building. Destroyed in 2007 under permit #E07-00318.
• Historic Spring - Located on the adjacent parcel at 3131 St. Helena Hwy. N.; approximately 600 feet west of the project well within Hirsch Creek. No longer in use.
Tier 1 (Water Use / Parcel Specific Recharge Analysis:
The Tier 1 analysis refers to the 2004 WAA baseline for existing water demands and considers existing uses onsite to include residential, winery uses (production, visitation, marketing), vineyard, and landscaping. As mentioned previously, the property’s current water demands are estimated to be lower than the 2004 WAA as two of the cottages were removed in 2008 through the winery’s use permit modification process. The summary provided below summarizes the existing and proposed total groundwater usage based on a combination of information presented in the WAA, revisions made to AXR Winery’s use permit application, and permit history/County records.
The project proposes to change existing water use demands by 1) converting an existing 2-bedroom residence to winery office use; 2) increasing the number of winery employees and visitation as well as marketing event size and frequency; and 3) planting olive trees and manzanita shrubs for cave portal screening. No changes are proposed to the existing three residential cottages nor the previously approved wine production volume.
Water Usage Assumptions:
Residents (three 2-bedroom residences, one 1-bedroom residence):
• Existing: 7 residents based on bedrooms
• Proposed: 5 residents based on bedrooms
• Units: 150 gallons of water per resident per day
Landscaping:
• Existing: Domestic and Winery Landscaping throughout property
• Proposed: Cave portal screening vegetation consisting of 9 olive trees and approximately 2,000 square feet of manzanita shrubs
• Units: 0.5 AFY of water per 100,000 gallons of wine produced for winery landscaping; 2.5 gallons of water per olive tree per week, and 0.1 AFY of water per 2,000 square feet of shrubs
Vineyard:
• Existing: 3.5+/- acres
• Proposed: Removal of 0.18+/- acres of vineyard
• Units: 0.24 AFY of water per acre of vineyard
Wine Production:
• Existing: 20,000 gallons per year
• Proposed: no change
• Units: 6 gallons of water per gallon of wine produced (industry standard)
Employees:
• Existing: 2 full-time and 2 part-time employees
• Proposed: 12 full-time (7 days per week average) and 5 part-time employees (2 days per week average)
• Units: 15 gallons of water per employee per day
Visitation:
• Existing: 20 people per day
• Proposed: 60 people per day
• Units: 3 gallons of water per person per day
Marketing Events:
• Existing: 570 event guests per year
• Proposed: 1,350 event guests per year
• Units: 15 gallons of water per event guest
Existing and Proposed Groundwater Usage:
Residents:
• Existing: 1.1761 AFY (383,250 gal.)
• Proposed: 0.8401 AFY (273,750 gal.)
• Difference: -0.336 AFY (-109,500 gal.)
• Note: This estimate includes the existing main residence and proposed conversion to winery office use. The WAA inadvertently omitted the existing 2-bedroom main residence that is attached to the winery.
Landscaping:
• Existing: 0.175 AFY (57,023 gal.)
• Proposed: 0.278 AFY (90,586 gal.)
• Difference: +0.103 AFY (+33,563 gal.)
• Note: This estimate includes the project’s proposed cave portal screening vegetation. Water use assumptions are based on typical gallonage for olive trees and the County’s WAA Guidelines. The WAA assumes no changes to landscaping; however, the applicant modified the application to include nine (9) 24-inch box ‘Swan Hill’ olive trees and 15-gallon manzanitas ‘sunset’ shrubs (estimated to cover approx. 2,000 square feet).
Vineyard:
• Existing: 0.85 AFY (276,973 gal.)
• Proposed: 0.85 AFY (276,973 gal.)
• Difference: No change
• Note: The WAA finds that the 2004 WAA estimate of 0.85 AFY for the vineyard remains valid for the existing vineyard. Since approval of the 2004 WAA, the vineyard was expanded by approximately 0.2 acres in size, from 3.3-acres to approximately 3.5 acres. Applying 0.85 AFY to a 3.5-acre vineyard results in approx. 0.24 AFY of groundwater used per acre of vineyard, which is within the County’s WAA Guidelines range of 0.2 AFY to 0.5 AFY.
Wine Production:
• Existing: 0.368 AFY (120,000 gal.)
• Proposed: 0.368 AFY (120,000 gal.)
• Difference: No change
• Note: This estimate reflects no change in existing production as requested in the applicant’s modified proposal statement submitted in December 2025. The WAA predates this modification and as such, still contains information/analyses of increased wine production.
Employees:
• Existing Full-Time: 0.0336 AFY (10,950 gal.)
• Proposed Full-Time: 0.2016 AFY (65,700 gal.)
• Existing Part-Time: 0.0095 AFY (3,120 gal.)
• Proposed Part-Time: 0.0239 AFY (7,800 gal.)
• Difference: +0.1824 AFY (+59,430 gal.)
Visitation:
• Existing: 0.0672 AFY (21,900 gal.)
• Proposed: 0.2016 AFY (65,700 gal.)
• Difference: +0.1344 AFY (+43,800 gal.)
Marketing Events:
• Existing: 0.0262 AFY (8,550 gal.)
• Proposed: 0.0621 AFY (20,250 gal.)
• Difference: +0.0359 AFY (+11,700 gal.)
• Note: This estimate is conservative as it does not reflect the proposed tasting room closures/reduced service on event days. During 25-person events, tasting room visitation will be limited to 35 people, thereby not exceeding 60 people per day. On days with larger events, the tasting room will be closed.
GROUNDWATER USAGE TOTAL:
Existing: 2.7056 AFY. Note: This estimate does not include water demands for Cottage #5 and Cottage #6 as these cottages were removed in 2008 (Demo Permit #B8-00562). The WAA relies on the 2004 WAA baseline for existing total water demands which was estimated to be 3.62 AFY prior to demolition of the cottages.
Proposed: 2.8253 AFY
Difference: +0.1197 AFY
Parcel Specific Recharge: The project well is approximately 650 feet west of the Napa Valley Subbasin (GSA). As the entire project parcel is outside of the GSA, a parcel specific recharge calculation was prepared. In calculating the recharge for the 7.85-acre parcel, the project WAA quantifies the amount of average annual rainfall infiltrating to the underlying aquifer based on the average rainfall data collected from 2012 to 2021 provided by the Oregon State University PRISM Climate Group (34.35 inches per year), estimated losses to runoff, and estimated losses to evapotranspiration. The WAA estimates the recharge rate for this 7.85-acre property to be 28.6% (or 0.8 AFY per acre of land), resulting in a total annual recharge rate of 6.42 AFY for the property. Based on the project’s estimated groundwater demand of approximately 2.82 AFY, the WAA finds that the total project groundwater usage equates to approximately 47% of the water available for recharge and therefore passes the Tier 1 screening criteria.
Tier 2 (Well and Spring Interference Analysis): The latest Interim Napa County Well Permit Standards and WAA Requirements require an interference analysis for any proposed increase in groundwater use occurring from project wells within 500 feet of any offsite well or 1,500 feet from any off‐site spring. The nearest offsite well (WCR 119541) is approximately 345 feet east of the project well and was used in the WAA’s Tier 2 analysis in accordance with County Guidelines. The WAA finds that the total project estimated groundwater demand (approximately 2.82 AFY) is equivalent to a maximum daily water demand of approximately 6,278 Gallons Per Day (GPD). (Note: The WAA prepared by EBA Engineering Inc. (Attachment H) analyzes an increase in wine production from 20,000 to 35,000 gallons per year and omits the project’s proposed screening vegetation. As mentioned in the proposed Subsequent Mitigated Negative Declaration (Attachment C), the project no longer proposes to increase wine production. Additionally, new landscaping is required to screen cave portals from public views. By removing the wine production increase (15,000 gallons of wine), the maximum daily water demand for winery process water is estimated to be 5,785 GPD (a 493 GPD decrease). By adding the proposed screening vegetation, the maximum daily water demand for landscaping is estimated to be 248 GPD (a 92 GPD increase). These adjustments demonstrate the project’s total maximum daily water demand can be lowered to 5,877 GPD; however, to assess potential worst-case impacts, this study utilizes the more conservative estimate of 6,278 GPD.)
According to the WAA, the pumping duration required to meet the maximum daily water demand was estimated based on an average corrected yield (42 GPM) from the data collected from the WCRs of water supply wells located in close proximity to the project site. At an average conservative pumping rate of 42 GPM, approximately 149 minutes (approximately 2.5 hours) of pumping is required to reach the maximum daily water demand.
Well Interference: Based on the aquifer characteristics described in the WAA and the pumping duration required to meet the proposed project maximum daily water demand (149 minutes), the distance-drawdown model used in the WAA predicts approximately ten feet of drawdown at a distance of 22 feet, and zero drawdown at 50 feet from the project well. According to Table 2B of the WAA Guidance document and Napa County Well Permit Standards - Applicability Tables, any neighboring well(s) (≤6-inch diameter casing) within 500 feet of a project well, screened within the same aquifer as the project well, must have an estimated drawdown of 10 feet or less. The WAA demonstrates that the project well must be located no less than approximately 22 feet from any nearby groundwater well(s) to be in conformance with Napa County Guidelines. The project well is over 300 feet from the nearest well, thereby passing the Tier 2 well interference screening criteria.
Spring Interference: Four or more springs are within 1,500 feet of the project well with the closest spring located approximately 600 feet west of the project well, within Hirsch Creek. According to the WAA, the project property has a historical water right to this spring. The WAA finds that, given the lack of stream depletion in Hirsch Creek as a result of pumping from the project well for the proposed project (discussed further in the Tier 3 analysis below), no spring interference is anticipated for any natural spring in the area. The WAA further concludes that there is no drawdown from pumping the project well at a distance of 155 feet which correlates with no anticipated spring interference, thereby passing the Tier 2 spring interference screening criteria.
Tier 3 (Groundwater/Surface Water Interaction): A Tier 3 review is the County’s adopted method for complying with its duties under the Public Trust Doctrine. As discussed herein, the existing project will comply with the WAA guidance document.
The latest Interim Napa County Well Permit Standards and WAA Requirements require an analysis of potential groundwater to surface water interaction for new, altered, or increased groundwater use occurring from project wells within 1,500 feet of any County‐identified Significant Stream inside the Napa River Watershed. As discussed above, the project well is approximately 400 feet from Hirsch Creek, the nearest Significant Stream. The WAA includes a stream interference analysis which finds that drawdown from the pumping of the project well should not extend past a linear distance of 155 feet when pumping at a rate of 42 GPM for approximately one day. The streamflow depletion model used in the WAA does not indicate stream depletion at a distance of 400 feet from the project well to Hirsch Creek.
Since the project well is within 1,500 feet of a designated significant stream, Napa County has conditioned the project to limit the project to 2.82 AFY that may be pumped from the project well at a maximum rate of 42 gallons per minute, which aligns with the project’s WAA and satisfies the County’s Public Trust duties. See Conditions of Approval 4.20(c) and 6.15(e).
Wastewater System
A Wastewater Feasibility Study, dated April 2024, was prepared by Summit Engineering Inc. which concludes the existing wastewater treatment system will provide sufficient capacity for disposal of the anticipated sanitary sewage flows from the proposed number of employees, guests, and existing residents. To accommodate the proposed larger events and avoid excessive loading on this domestic wastewater system, Conditions of Approval require the winery to provide portable restroom facilities for the 75-person and 150-person events.
To accommodate the ongoing wine production of 20,000 gallons per year, a new process wastewater treatment system is proposed to be installed onsite. As described in the Wastewater Feasibility Study, the new system would include a new gravity collection system with screens on floor drains for solids removal in any new production areas, a process wastewater pump station (if needed to transfer process water from the collection system to the treatment system), and treatment and disposal through one of the following alternatives: treatment through a new package treatment system and disposal via a new subsurface drip disposal system (Option 1); treatment through a new package treatment system, storage of treated process water, and reuse for vineyard irrigation (Option 2); or hold‐and‐haul (Option 3). Per Napa County guidelines, a Registered Civil Engineer, Registered Environmental Health Specialist, or Licensed Contractor will provide ongoing monitoring and evaluation of the selected system. The Division of Environmental Health reviewed this report and concurred with its findings, conditioning that the selected design and plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health.
Water System
Based on the proposed uses, the onsite water system will be classified as a new public water system per the State of California Drinking Water Requirements. Typical infrastructure required for a public water system includes, but is not limited to, a well with a minimum 50-foot annular seal, water storage tanks that meet design and construction standards, UV light treatment (usually located in a pumphouse), and water lines that meet setbacks. As mentioned previously, the existing project well has a 62-foot annular seal and is proposed to be used for the public water system serving the project. Prior to occupancy, the owner/permittee is required to submit a technical report completed by a licensed engineer with experience in designing water systems. The technical report must be submitted to the Regional Water Quality Control Board prior to beginning any water-related improvements. Additionally, the owner/permittee must obtain an annual operating permit for the water system from County Environmental Health and comply with all required monitoring and reporting.
Green House Gas Emissions
On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted new recommended thresholds for determining the significance of individual projects’ greenhouse gas impacts under CEQA. Under the new thresholds, proposed land use projects may be analyzed for consistency with a qualified greenhouse gas (GHG) reduction strategy in the event one has been adopted. To date, Napa County has not adopted a qualified GHG reduction strategy pursuant to CEQA Guidelines section 15183.5. Absent an adopted strategy, BAAQMD recommends that a land use project include specified minimum design elements to ensure that the project is contributing its “fair share” toward achieving the state’s key climate goal of carbon neutrality by 2045. Napa County has not adopted a qualified GHG reduction strategy or an air quality plan, therefore projects are evaluated per the BAAQMD recommended minimum design elements.
The project will be required, through Conditions of Approval, to meet relevant design standards identified by BAAQMD, including prohibiting the use of natural gas appliances or plumbing and compliance with the California Building Code Title 24 standards. Additionally, Conditions of Approval require implementation of the checked Voluntary Best Management Practices Measures submitted with the project application which include exceeding Title 24 energy efficiency standards and building to CALGREEN Tier 1, utilizing energy conserving lighting, providing bicycle incentives, implementing low-impact development principles and practices, installing an electric vehicle charging station, and limiting the amount of grading and tree removal.
The project’s proposed tree removal would result in a loss of carbon sequestration capacity for the site- approximately 0.15 acres of native oak canopy. To ensure consistency with County carbon sequestration policies under General Plan Policy CON-65(e), staff recommend incorporating Conditions of Approval that require the applicant to implement vegetation protection fencing during construction and a tree replacement/retention plan per Mitigation Measure VIS-1.
Grape Sourcing
The Use Permit Modification request does not change the permitted maximum production capacity of 20,000 gallons of wine. The 3.5+/- acres of on-site vineyards and other local Napa County vineyards will continue to provide a source for grapes for wine production. The applicant has signed the County’s 75 Percent Grape Source Agreement.
Variance Request
The project includes a request for a Variance to allow construction of an aboveground winery process wastewater treatment system within the established 600-foot winery road setback from SR 29. Aboveground components of the process wastewater system include two 5,000-gallon tanks and/or a 900 square foot treatment unit that may range from 5 to 10 feet in height. Existing buildings within the setback include the main winery building (historic Hirsch residence), located 218+/- feet from SR 29, and the barrel storage building, located 30+/- feet from Bea Lane. The new winery process wastewater treatment system will be constructed approximately 415 feet from SR 29 and over 400 feet from Bea Lane, in a previously disturbed area next to the site’s vineyards. The proposed structures will be substantially screened from view from the highway due to a combination of topography, existing and proposed vegetation, the neighbor’s residence, and by using non-reflective, earthtone exterior materials and colors. According to the 2025 HRE, the project will not diminish the historic integrity of the property.
The project includes Cave Portals within the 300-foot and 600-foot winery setbacks however per Sec. 18.104.230, cave portals that are not visible from the road are exempt from winery setbacks. As the proposed cave portals will be fully screened from view from all roadways, they are not included in this Variance request.
Staff supports the applicant's request for a variance. The variance will allow the existing winery to modernize its winery process wastewater treatment system while expanding its marketing and hospitality uses consistent with the site's zoning and General Plan land use designations. It is not physically possible to construct new winery structures outside the required 300-foot and 600-foot winery road setbacks due to the size and shape of the parcel. Although the parcel is a designated Historic Napa County Landmark, the site’s historic structures are not eligible for listing on the California or National Register and consequently new standalone structures do not qualify for the reduced setbacks listed in Sec. 18.104.235. Furthermore, historic preservation requirements and Environmental Health setbacks prevent the expansion of existing buildings for wastewater treatment systems.
As required by State and local statute, the granting of this variance would not confer a special privilege as the Commission has previously granted variances to allow the construction of wineries, including accessory facilities, within roadway setbacks on properties with the same zoning and similar property characteristics. There is nothing included in the variance proposal that would result in a measurable impact on the public health, safety, or welfare of the County of Napa. Construction of the aboveground wastewater treatment system would be subject to County Codes and regulations including but not limited to California building codes, fire department requirements, and water and wastewater requirements. The granting of the variance to the winery road setback will not adversely affect the health or safety of persons residing or working in the neighborhood of the property. The proposed structures would be located in a previously disturbed area that will be substantially screened from view from SR 29. Various County departments have reviewed the project and commented regarding water, wastewater disposal, access, building permits, and fire protection. Conditions are recommended which will incorporate these comments into the project to assure protection of public health and safety.
Public Comments: Two neighbors commented on the project expressing their support for the requested modification. No other public comments have been received as of the date of this staff report.
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 an existing 20,000-gallon per year winery to expand by constructing wine caves for production use, converting existing production and residential spaces to accessory uses, and by increasing related tours and tastings and the marketing program to allow up to 60 guests per day, seven days per week and up to 31 events per year. The requested Use Permit Major Modification would increase water demands, increase vehicle trips and miles travelled, and wastewater generation at the property, in addition to increasing winery development area from 0.10 acres to 0.12 acres. The Variance request meets the provision of Code Section 18.128.060 and new construction would be compliant with Napa County zoning code regulations for winery developments, including minimum setbacks from property lines, maximum lot coverage, and maximum building height. With implementation of mitigation measures pertaining to aesthetics, cultural, biological, transportation and tribal cultural resources, potential environmental impacts of the project would be less than significant, and additional Conditions of Approval would be enforced with the intention of preserving public health, safety, welfare and convenience.
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 need to 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 and Variance, 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 move 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 - Recommended Findings
B - Recommended Conditions of Approval and Final Agency Memos
C - AXR Initial Study/ Subsequent Mitigated Negative Declaration
D - 2005 Adopted MND for Original Use Permit P04-0541
E - 2008 Adopted MND Addendum for Use Permit Modification P08-00099
F - Previous Project Conditions
G - Use Permit, Variance, and Viewshed Applications and Narratives
H - Water Availability Analysis
I - Wastewater Analysis
J - Biological Study (prepared for Erosion Control Plan #01-222)
K - Historic Resources Evaluation
L - Traffic Impact Study
M - Cave Portal Visibility Analysis
N - Graphics (Proposed Project Plans, Formerly Approved 2008 Project Plans)
O - Public Comments