TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director Planning, Building and Environmental Services
REPORT BY: Sean Trippi, Supervising Planner - (707) 299-1353
SUBJECT: Vineyard 29, Use Permit Major Modification (P20-00062)
RECOMMENDATION
title
VINEYARD 29, LLC (CHARLES McMINN) / VINEYARD 29 / USE PERMIT MAJOR MODIFICATION NO. P20-00062 & EXCEPTION TO THE NAPA COUNTY ROAD & STREET STANDARDS
CEQA STATUS: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
The request is for approval for a modification of the previous project approvals for an existing 48,000 gallon per year winery to allow the following:
A. COMPONENTS NECESSARY TO REMEDY EXISTING WINERY USE PERMIT VIOLATIONS:
1) Recognition of by-appointment visitation for tours and tastings for a maximum of 40 visitors per day, maximum of 280 per week;
2) Recognition of existing visitation hours of operation; 10:00 AM to 5:00 PM seven days a week and existing production hours of 7:00 AM to 7:00 PM, seven days a week;
3) Recognition of 13 full-time, two part-time and three employees during harvest;
4) Recognition of existing marketing activities of (i) 10 events per year with 15 people per event, (ii) 10 events per year with 25 people per event, (iii) five events per year with 50 people per event, (iv) two events per year with 110 people per event, and (v) one event per year with 165 people;
5) Recognition of an existing employee/overflow parking area with five (5) parking spaces; and,
6) Recognition of on-premises consumption of wines produced on site in the tasting areas (indoor and outdoor) in accordance with Business and Professions Code Sections 23358, 23390 and
23396.5;
B. EXPANSION BEYOND EXISTING WINERY USE PERMIT ENTITLEMENTS:
1) Increase annual wine production from 48,500 gallons to 75,000 gallons;
2) Increase by-appointment visitation for daily tours and tastings to 60 persons per day, 370 person per week maximum (existing conditions to be recognized via the County’s Code Compliance program)
3) Increase the number of employees to 15 full-time, six part-time and five employees during harvest (existing conditions to be recognized via the County’s Code Compliance program); and,
4) Modification of an existing Marketing Program to increase events identified in A.4(iii), (iv) and (v), above, as follows: 10 events per year with 50 people per event, five events per year with 110 people per event, and two events per year with 165 people per event (existing conditions to be recognized via the County’s Code Compliance program) with no change to the events identified in A.4(i) and (ii), above;
5) Addition of 26 parking spaces for a total of 36 spaces on-site;
6) A new process wastewater treatment system including two 10,000-gallon storage tanks;
7) A new driveway connection from State Highway 29, opposite the driveway to the Revana winery, and removal of the existing driveway;
8) A two-way left turn lane on State Highway 29; and,
9) A new replacement well with a 50-foot seal and a 5,000-gallon water storage tank.
The request also includes an exception to the Napa County Road & Street Standards (RSS) from the commercial driveway width standard (20.0-foot-wide driveway plus two (2) foot total shoulders) for approximately 500-feet where the roadway width is 15.8 to 17.8-feet and is located within a stream setback and abuts a steep slope.
The project is located on a 28.14-acre site within the Agricultural Watershed (AW) zoning district. The site is accessed via an existing private driveway off State Highway 29, approximately 2,230 feet north of the St. Helena city limits. Project address: 2929 N. St. Helena Highway, St. Helena, CA 94574. APN’s: 022-200-027 (winery) & 022-200-026 (six parking spaces, associated access and emergency vehicle turnaround)
STAFF RECOMMENDATION: Adopt the Negative Declaration and approve the Use Permit Modification and Exception to the Napa County Road & Street Standards subject to the recommended conditions of approval.
STAFF CONTACT: Sean Trippi, Supervising Planner, (707) 299-1353 or sean.trippi@countyofnapa.org
APPLICANT AGENT CONTACT: Andrea A. Matarazzo, Pioneer Law Group, LLP; (916) 287-9500; andrea@pioneerlawgroup.net
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EXECUTIVE SUMMARY
PROPOSED ACTIONS
That the Planning Commission:
1. Adopt the Negative Declaration based on Findings 1-7 in Attachment A;
2. Approve the Exception to the Road and Street Standards, based on recommended Findings 8 & 9 in Attachment A and subject to the recommended Conditions of Approval in Attachment B; and,
3. Approve Use Permit Major Modification No. P20-00062, based on recommended Findings 10-14 in Attachment A and subject to the recommended Conditions of Approval in Attachment B.
DISCUSSION:
The Director issued a status determination (P19-00123) on July 23, 2019, documenting / confirming the winery’s entitlements. This application was submitted to participate in the County's Code Compliance Program as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018.
This application was submitted to participate in the County's Code Compliance Program as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018. The proposal is to modify an existing winery Use Permit and subsequent modifications to recognize and approve the following items that are out of compliance with the permitted entitlements: increased number of employees, weekly visitation, and marketing events, on-premises consumption, days and hours of operation, and additional parking spaces. In addition, the application also seeks to expand its entitlements to increase wine production, further increase employees, daily and weekly visitation, and marketing plan events, and increase parking. The proposal also includes installation of a new winery process wastewater treatment system, construction a new well, relocation of the driveway connection to State Highway 29, a two-way left-turn lane on State Highway 29, and implementation a Travel Demand Management Plan. The request also includes an exception to the Napa County Road & Street Standards for portions of the existing on-site driveway.
Staff has reviewed the request for an Exception to the RSS and the Major Modification to the winery use permit to recognize and approve existing violations and the supplemental request to expand operations at the winery beyond existing entitlements. Staff found the requests for recognition and expansion to be consistent with the Zoning Ordinance and applicable General Plan policies. Staff believes that the necessary findings for the Exception to the RSS and the modification can be made and recommends approval of the Exception to the RSS and Use Permit Major Modification request as proposed and subject to conditions.
Staff prepared an Initial Study that evaluated the potential environmental impacts of the proposal as presented by the applicant which includes the expansions and new uses beyond existing entitlements. As described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018, the subject application was found to be substantially conforming. Accordingly, the County may use the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application. Staff determined that the applicant’s proposal would not have any potentially significant environmental impacts and recommends adoption of the Negative Declaration.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration the proposed project would have less than significant environmental impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
PROJECT INFORMATION:
Owner: Vineyard 29, LLC, Charles McMinn; 2929 N. St. Helena Hwy (P.O. Box 93); St. Helena; phone: (707) 963-9292; email: chuck@vineyard29.com
Representative: Andrea A. Matarazzo, Pioneer Law Group, LLP; (916) 287-9500; andrea@pioneerlawgroup.net
General Plan Land Use Designation: Agriculture, Watershed and Open Space (AWOS)
Zoning District: Agricultural Watershed (AW)
Filed: February 19, 2020
Resubmittals Received: February 10, 2021; April 7, 2021; January 3, 2022; October 7, 2022; November 29, 2022; March 15, 2023; April 28, 2023. Application deemed complete: May 23, 2023
Revised Courtesy Notice Sent: May 16, 2023
Project site size: 28.14 acres
Existing Development: The project site is currently developed with an approximately three-story winery building and caves that include both production and hospitality areas, an outdoor work area, parking areas, vineyards, and landscaping around the winery building entrance. There are no proposed changes to the winery building or caves.
WINERY CHARACTERISTICS
Approved and Proposed Winery Characteristics
Winery Development Area Existing: 18,751 s.f. or 0.43
Winery Development Area Proposed: No change
Winery Coverage Existing: 67, 103 s.f. or 1.54 acres, approximately 6.3% of the property.
Winery Coverage Proposed: No change.
Maximum permitted 25% or approximately 15 acres permitted, whichever is less.
Production Capacity Approved: 48,500 gallons per year
Production Capacity Existing: 37,280 gallons per year (three year average)
Production Capacity Proposed: 75,000 gallons per year
Accessory/Production Ratio Existing: 9,429 s.f. accessory/28,678 s.f. production - approximately 33%.
Accessory/Production Ratio Proposed: No change.
Maximum permitted 40% accessory uses to production uses.
Number of Employees Approved: three full-time and two part-time
Number of Employees Existing: 13 full-time, two part-time, and three during harvest
Number of Employees Proposed: 15 full-time, six part-time, and five during harvest
Visitation By-Appointment - Approved: 30 on the busiest day with 10 on average per week
Visitation By-Appointment - Existing: 40/day with 280/week.
Visitation By-Appointment - Proposed (expansion beyond approved and beyond existing unpermitted levels): 60/day with 370/week
Marketing Program - Approved: six events per year with a maximum of 15 people, two events per year with a maximum of 110 people, four events per year with maximum of 50 people, four events per year with maximum of 25 people, and one event per year with a maximum of 50 people.
Marketing Program - Existing: (i) 10 events per year with 15 people per event, (ii) 10 events per year with 25 people per event, (iii) five events per year with 50 people per event, (iv) two events per year with 110 people per event, and (v) one event per year with 165 people
Marketing Program - Proposed: increase events identified in A.4(iii), (iv) and (v), above, as follows: 10 events per year with 50 people per event, five events per year with 110 people per event, and two events per year with 165 people per event (existing conditions to be recognized via the County’s Code Compliance program) with no change to the events identified in A.4(i) and (ii), above
Days of Operation - Approved: Production on Monday-Friday and Visitation on Monday-Sunday
Days of Operation - Existing: Monday through Sunday for Production and Visitation
Days of Operation - Proposed (recognize existing unpermitted days of operation): Monday through Sunday for Production and Visitation
Hours of Operation - Approved: 7:00 a.m. - 5:00 p.m., Monday through Friday
Hours of Operation - Existing: 10:00 a.m. - 7:00 p.m. seven days a week and 70:00 a.m. - 7:00 p.m. for production
Hours of Operation - Proposed: recognize existing hours of operation
Parking - Approved: five
Parking - Existing: 10
Parking - Proposed: 36
Setbacks
Required Property Line setbacks: 20 feet
Existing Property Line setbacks: The existing winery structure exceeds 20 feet from side and rear property lines (approximately 70-feet to the nearest side property line)
Required Road setback: 600 feet from State Highway 29
Existing Road setback - Winery Building: Approximately 750-feet from the centerline of the highway
Adjacent General Plan Designation / Zoning / Land Use:
All surrounding properties on the west side of State Highway 29 have a General Plan designation of Agriculture, Watershed and Open Space (AWOS). The AWSO General Plan designation extends approximately 780-feet east of the highway. The Zoning designation of the adjacent properties on the west side of State Highway 29 is Agricultural Watershed (AW). Properties across State Highway 29 are zoned Agricultural Preserve (AP). Properties in the vicinity of the project site range in size from about a ¼-acre to 84 acres. Surrounding uses include single-family homes, vineyards, and a number of producing wineries (Grace Family, Revana, Ballentine, St. Cement Vineyards, William Cole, Markham, and Morlet Family Estate). Undeveloped areas are generally heavily wooded.
Nearby Wineries located within one (1) mile of the project - There are 15 wineries within one mile of the project. Please refer to Attachment L.
Parcel History:
February 2001 - The Planning Commission approved the original Vineyard 29 Winery Use Permit #00146-UP. This approval entitled a new, 48,500 gallon per year winery with a 20,543 sf winery building and 16,110 sf of cave area with three portals for a winery totaling 36,653 sf; 3 full-time and 2 part-time employees; five on-site parking spaces; 30 visitors on the busiest day, 10 on average per week, by appointment only; a marketing plan with six events per year with a maximum of 15 people, 12 events per year with a maximum of 110 people, and one event per year with maximum of 50 people, marketing activities are to occur between the hours of 12:00 to 4:00 PM and 6:00 to 11:30 PM; and, custom production for a maximum of five entities up to a maximum of 50% of the annual production (24,250 gal/yr).
May 2001 - The Zoning Administrator approved Use Permit Modification #00397-MOD for the winery to reduce the size of the building and cave to 17,804 sf and 14,038 sf, respectively, and correct the marketing plan to allow six events per year with a maximum of 15 people, two events per year with a maximum of 110 people, four events per year with maximum of 50 people, four events per year with maximum of 25 people, and one event per year with a maximum of 50 people.
January 2004 - The Director approved Use Permit Modification #04067 for the winery to rearrange interior spaces within the winery building with no change to the exterior building elevations.
April 2011 - The Director approved Use Permit Modification No. P11-00122-MOD for the winery to recognize the existing 3,390 sf private residential cave for use by the winery with no public access.
May 2017 - The Director approved Use Permit Modification No. P16-00317-MOD for the winery to delete a previous condition of approval to construct a left-turn lane on highway 29.
Code Compliance History:
Existing Entitlement:
July 2019 - The Director issued a status determination (P19-00123) documenting/confirming the winery’s entitlements. In summary the winery’s existing entitlements include the following:
1) an annual production capacity of 48,500 gallons including custom production (crushing, fermentation, barrel ageing and bottling) with marketing and tasting by alternating proprietors only for a maximum of five entities up to a maximum of 50% (24,250 gallons/year of the 48,500 gallon/year) of the production capacity of the winery);
2) A 17,804 sf winery building;
3) A cave with 14,038 sf of floor area to be used for barrel storage, and approximately 3,390 sf of additional private residential cave area to be used for storage of tax paid wine, equipment and supplies, and for storage of the winery owner’s personal wine collection, with no public access;
4) Three full-time and two part-time employees;
5) Hours of operation, Monday through Friday, 7:00 AM to 5:00 PM;
6) Five (5) off-street parking spaces;
7) Retail sales by appointment only limited to wines fermented or refermented and bottled at the winery;
8) 30 visitors on the busiest day, 10 on average per week by appointment; and,
9) Marketing activities by all permitted entities to occur during the hours of 12:00 to 4:00 PM and 6:00 to 11:30 PM with six events per year with a maximum of 15 people, two events per year with a maximum of 110 people, four events per year with maximum of 50 people, four events per year with maximum of 25 people, and one event per year with a maximum of 50 people.
After the Status Determination, this application was submitted to participate in the County's Code Compliance Program as described in Resolution No. 2018-164. Pursuant to that Resolution, a site inspection was conducted by Code Compliance, Planning, and Environmental Health staff to identify any potential health and safety issues, as well as to review the existing use and proposed changes. Life safety issues included minor Fire and Building Code issues such as, exiting signage illumination in the cave tunnels and keeping exit routes clear of obstructions. No significant issues were observed. Code Enforcement Case CE20-00072 was opened for the alleged violations outside the scope of the Use Permit.
Discussion Points:
Setting - The project site is comprised of two properties totaling approximately 28.14-acres, located at 2929 St. Helena Highway N., north of the city of St. Helena. The property is located on the east side of the Mayacamas Mountains. Elevations range from approximately 280-ft. to 860-ft. above mean sea level. The existing winery, parking areas, associated improvements and vineyards are located within the front half or lower elevations of the site. Vineyards adjoin the highway frontage and extend west of the highway several hundred feet. An unnamed drainage channel with intermittent flows travels through the approximate center of the project site, daylighting just below the winery buildings via an outfall structure and extending as an open channel all the way to N. St. Helena Highway where it exits the project site via a culvert under the highway. This channel is not mapped as a blue line stream. Along this channel’s upper reaches it is incised and supports oak canopy; it becomes less incised and without a tree canopy at the project site’s lowest elevations as it nears N. St. Helena Highway. The site slopes up into the hills west of the winery building. The upper elevations of the site include a dense growth of mixed oak-bay woodland with a sparse occurrence of Douglas fir. This woodland burned in the Glass Fire of 2020, as did woodland and conifer forest on the surrounding properties upslope of the project site. Surrounding properties include residences, vineyards, wineries, and undeveloped, wooded hillsides.
Winery Proposal and Design - The proposal is to modify an existing winery Use Permit and subsequent modifications to recognize and approve the following items that are out of compliance with the permitted entitlements: increased number of employees, weekly visitation, and marketing events, on-premises consumption, days and hours of operation, and additional parking spaces. In addition, the application also seeks to expand its entitlements to increase wine production, further increase employees, daily and weekly visitation, and marketing plan events, increase parking, install a new winery process wastewater treatment system, construct new well, relocate the driveway connection to State Highway 29, provide a two-way left-turn lane on State Highway 29, and implement a Travel Demand Management Plan. The request also includes an exception to the Napa County Road & Street Standards for portions of the existing on-site driveway.
Days and Hours of Operation - Status Determination P19-00123 noted the days of operation as 7:00 AM to 5:00 PM, Monday through Friday. The winery has been open for visitation from 10:00 AM to 5:00 PM seven days a week and with production hours from 7:00 AM to 7:00 PM, seven days a week. The applicant is requesting recognition of theses hours.
Employees - The Use Permit approval listed three full-time and two part-time employees. The applicant is asking for recognition of 13 full-time, two part-time and three employees during harvest and an increase to 15 full-time, six part-time and five employees during harvest.
Visitation and Marketing - The original Use Permit approved 2001 authorized tours and tastings by appointment for 30 visitors on the busiest day, 10 visitors on average per week, Monday through Friday, 7:00 AM to 5:00 PM. In connection with this request, the applicant provided a summary of visitation records from 2017 to 2019 showing daily visitation meeting or exceeding the maximum of 30 visitors on the busiest day 32 times with seven days at or over 40 visitors with a maximum of 60 visitors per day. This results in the applicant requesting recognition of by-appointment visitation for tours and tastings for a maximum of 40 visitors per day, maximum of 280 per week.
The applicant is requesting an expansion beyond the existing unpermitted levels for a maximum of 60 visitors/day and a maximum of 370 visitors/week.
The approved Marketing Plan includes 17 annual events with a total of 660 guests. Based on information provided by the applicant, the winery has held 28 annual events with up to 1,035 visitors. The current request includes 37 annual events with up to 1,780 guests.
No impacts were identified in the Initial Study/Negative Declaration associated with the requested increases to visitation and marketing activities.
On-Premises Consumption - Although not previously permitted, the winery is currently offering on-premises consumption in the winery’s tasting room and on the outdoor patios. The applicant requests approval to continue using these locations.
Traffic / Left Turn Lane / VMT Analysis - The parcel is accessed via a private driveway off State Highway 29. The applicant proposes to relocate the driveway to the south to align with the driveway for the Revana winery on the opposite side of the State Highway 29. The applicant also proposes to install a two-way left turn lane on State Highway 29.
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. Based on the County’s winery trip generation assumptions, the proposed project would be expected to generate an average of 60 new trips per weekday (71 during harvest) and 66 new trips on the weekend (69 during harvest). Although the trip generation does not exceed 110 net new daily trips, the project included a Traffic Impact Study (TIS) prepared by W-Trans, dated April 7, 2021, that was prepared prior to the County’s updated TIS Guidelines which went into effect in January 2022. The TIS found that the project would not have a significant impact.
The TIS Guidelines also include VMT analysis requirements for projects based on trip generation, which includes a screening approach that provides a structure to determine what level of VMT analysis may be required for a given project. As noted above, the proposed project would not exceed the 110-trip threshold and is therefore presumed to have a less than significant impact for VMT. Although not required, the TIS includes the applicant’s proposal for a Traffic Demand Management (TDM) Plan with the intent of reducing vehicle miles traveled. The winery’s TDM program could provide information, encouragement, and access to non-motorized travel options for both employees and guests, to reduce the number of vehicle trips and overall VMT. Report recommendations include: Carpool incentives, financial incentives for carpooling or biking to work, guaranteed ride home program, bicycle parking, and designation of a Transportation Coordinator. The project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Impacts would be less than significant. All records of the TDM activities and resulting data on reductions in VMTs will be kept and provided to the County as required. See Attachment B - COA 4.20.c.
Parking - The winery is approved for five parking spaces but currently has 10 striped parking spaces. Employees also park on the upper portion of the site in front of the wine storage caves that are not attached to the winery building. These spaces are not striped. The project would add an add 26 additional spaces for a total of 36 parking spaces. The TIS determined that the proposed parking supply is adequate for the anticipated demand based on increase to the number of employees and visitors.
Road Exception Request - The existing internal access roads and on-site circulation configuration generally meets Napa County Road and Street Standards (RSS) except for approximately 500-feet where the roadway width is 15.8 to 17.8-feet and is located within the setback of an extrapolated stream and abuts a steep slope. The request would minimize earthwork on slopes to preserve the existing environmental features and protect water quality. The driveway in the area of the exception has a width of 16-feet and intervisibility between the connections to the compliant two-lane driveway at both ends. Further, the applicant proposes to install “yield to emergency vehicles” signs at both ends of the 16-foot-wide driveway section. The request also includes an exception to the maximum longitudinal slope and maximum cross-slope perpendicular to the longitudinal slope near the terminus of the driveway, just north of the winery building, to create a compliant turnaround area. The exception is requested to minimize earthwork on steep slopes and to preserve a large native oak tree. A turnaround area is provided approximately 35-40 feet south of the driveway terminus, in front of the crush pad/receiving area. All portions of the driveway not discussed in this Road Exception Evaluation will meet commercial standards as defined in the RSS. The request has been reviewed by the Engineering Division and Fire Marshal’s Office and staff determined that the request achieves the same overall practical effect of the RSS by providing defensible space and consideration toward life, safety and public welfare as conditioned in the Road Exception Evaluation memo, dated July 11, 2022.
Groundwater Availability - RSA+ prepared a Water Availability Analysis (WAA), dated November 21, 2022, for the project to demonstrate that the proposed water use is not impacting groundwater in the area. There is an existing well on the property that has a 21.5-foot seal. A new well with a minimum 50-foot seal will be drilled in the vicinity of the existing well to provide the winery with a code compliant well for the winery’s public water system. A new well is required because the existing well does not have the depth of seal required for a public water system. The existing well will be used for irrigation purposes. Water for the public water system will be stored in a ±10,800-gallon tank.
The parcel is located within the GSA Subbasin and the 0.3 acre-feet per acre per year calculation was used to determine the water allocation. For the 24.64-acre site the water allocation is 7.39 acre-feet per year. Based on the WAA prepared for the project, proposed water use would be 3.64 acre-feet per year, which is 0.22 acre-feet per year less than the current water use of 3.86 acre-feet per year due to the use of recycled or treated process wastewater for vineyard irrigation.
Tier II and Tier III analyses are required if the proposed project represents a net increase in water use from existing conditions or if the project well is located within 500-feet of an offsite well or within 1,500-feet of a significant stream, respectively. The total water use on the parcel is estimated to be reduced from the existing conditions and there are no offsite wells within 500-feet of the project, nor is the project well located within 1,500-feet of a significant stream., therefore a Tier II and Tier III analysis were not required for this project.
Staff has considered impacts to public trust resources in the event the project wells may be connected to a navigable waterway. The ground water/surface water criteria are presumptively met if the distance standards and well construction assumptions are met per Tables 3, 4, and 5 of the County’s WAA Guidance document when a well is within 1,500-feet of a significant stream. Staff determined that because the project engineer has demonstrated that the project well is not within 1,500-feet of a significant steam, there is not a hydraulic connection to a navigable waterway and therefore no impacts to public trust resources. Additionally, applicants have reasonably demonstrated no net increase of water use over existing demand by installing a water treatment system to allow use of the recycled water, resulting in less groundwater use. County has satisfied its duty to consider impacts to trust resources and no further analysis is required.
The winery, as part of its entitlement would include the County’s standard condition of approval requiring well monitoring as well as the potential to modify/alter permitted uses on site should groundwater resources become insufficient to supply the use. The proposed project would result in a slight decrease on the demand of ground water supplies and therefore would not interfere with groundwater recharge or lowering of the local groundwater level.
Wastewater System - A Wastewater Feasibility Study, dated September 30, 2022, was prepared by RSA+, detailing the existing system and proposed changes to accommodate the changes in production, employees, and hospitality. According to the study, the existing standard system will be used to dispose of only the domestic wastewater generated from the winery. No additional domestic wastewater treatment or dispersal system is needed. Treatment of production wastewater will be treated using a worm-based wastewater treatment to the required standards and will be beneficially reused via surface drip for vineyard irrigation. The winery process wastewater system will be fully automated and will be designed so minimal input from winery staff is required. Per Napa County guidelines, a Registered Civil Engineer, Registered Environmental Health Specialist, or Licensed Contractor will provide semi-annual monitoring and evaluation of the system. The contract with the responsible party will be provided prior to the final inspection for the system installed. 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. Impacts would be less than significant.
Water System - According to the Water System Feasibility Study For A Regulated System, dated January 29, 2021, prepared by RSA+, the winery has an existing Domestic Water Supply Permit via the Calcode system with state ID# 28- 00038. With the increase in employees and visitors, the winery will need to establish that the Transient-Noncommunity Water System is served by a code compliant well. The existing well on the property has a 21.5-foot seal. A new well with a minimum 50-foot seal will be drilled in the vicinity of the existing well to provide the winery with a code compliant well for the winery’s public water system. A new well is required because the existing well does not have the depth of seal required for a public water system. The existing well will be used for irrigation purposes.
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 will be evaluated per the BAAQMD recommended minimum design elements.
The proposal does not include any additions to the existing winery building and caves. Future construction would be required to comply with the California Building Code, which is currently being updated to include regulations to assist in the reduction of air quality impacts associated with construction. The applicant already implements the following greenhouse gas reduction methods at the winery: generation of on-site renewable energy, one electrical vehicle in the wineries fleet, VMT reduction plan, energy conserving lighting, four electrical vehicle charging stations, and shade trees planted within 40 feet of the south side of the building. The winery also intends to provide bicycle incentives, bicycle route improvements, use of recycled water, and limiting the amount of grading and tree removal. The applicant also intends to or is has already implemented the following: becoming a certified as a Napa Green Winery and Napa Green Land, an employee edible garden, educating staff and visitors about sustainable practices, using 70-80% cover crop, retaining biomass, and involvement with the Countywide vine trail. A condition of approval requires implementation of the checked Voluntary Best Management Practices Measures submitted with the project application. See Attachment B - COA No. 6.20.b.
Grape Sourcing - The original winery use permit for 48,500 gallons per year was approved in 2001 and was subject to the County’s 75% rule. The current request includes increasing production to 75,000 gallons per year. The 24.64-acre project site currently has approximately 4.6 acres of vineyards. The applicant also owns or has under contract seven additional properties totaling approximately 30 acres planted in vines.
Conditions of Approval - Site improvements are required to be completed prior to any increases in winery operations beyond existing levels, such as employees, visitation, marketing, and production. Improvements include modifications to the existing winery process wastewater system, relocating the driveway, installing a two-way left turn lane on State Highway 29, and providing additional parking. A condition of approval regarding the timing of these improvements has been added. See Attachment B - COA 4.20.a.
Public Comments - At the time of publication of this staff report no public comments have been received.
Decision Making Options:
Pursuant to BOS Resolution No. 2018-164, Staff has provided separate decision-making options for the components of the project necessary to remedy the existing violation and the new expansions beyond existing entitlements for the winery Use Permit Modification.
Decision Making Options Regarding Remedying Existing Winery Use Permit Violations:
Option 1 - Approve Applicant's Proposal
Disposition - This option would result in approval of the existing visitation levels, marketing activities, operating days and hours of operation, existing levels of employees, existing parking, and on-premises consumption.
Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in the Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 2 - Revised Project Request - Reduce Unpermitted Existing Operations
Disposition - This option allows the Planning Commission the ability to reduce uses on the property by decreasing the winery's existing unpermitted operations that exceed the permitted levels of their entitlements. The reduction could include reduced visitation, marketing events or employees.
Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this applicant’s project proposal. Staff recommends no changes to the proposed visitation, marketing, or employee numbers. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised components such as visitation, marketing, and/or employee numbers.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable conditions of approval to reduce the existing operations. The item may need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 3 - Deny Applicant's Proposal - Return to Levels in the Permitted Entitlements
Disposition - This option would deny applicant’s proposal to remedy existing violations and would require the applicant to operate the winery in compliance with its existing entitlements. This option would result in the need for unpermitted employees to be laid off, a reduction in daily and weekly visitation and marketing events. In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit Modification, 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 modification is not being approved.
Action Required - Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Commission on a specific date.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:
Option 5 - Approve Applicant's Proposal (Staff's Recommendation for Major Modification)
Disposition - This option would result in approval of an increase in number of employees, increased weekly visitation, and annual marketing plan beyond their approved entitlements and their existing out of compliance levels. Physical improvements would include additional parking spaces, a new process wastewater system, a new well, relocated driveway, and a two-way left turn lane on State Highway 29.
The CEQA analysis evaluated this request; no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant's request. There would be no groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in the Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 6 - Revised Project Request - Reduction to the Expansion Request
Disposition - This option allows the Planning Commission to reduce all or some components of the requested expansion to visitation, marketing and employees beyond those necessary to remedy the existing violations. No potential environmental impacts have been identified with this applicant’s project proposal. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised visitation, marketing and/or employee numbers.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable conditions of approval to reduce the existing operations. The item may need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 7 - Deny Applicant’s Proposal - Limit Winery Operations to Levels Approved Above to Remedy Existing Violations or original entitlements
Disposition - This option would deny applicant’s proposal to expand winery operations, physical improvements, and visitation and employee levels beyond what was approved and necessary to remedy existing violations. This option would result in no expansion beyond approved or existing levels.
In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit Major Modification, 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 modification is not being approved.
Action Required - Commission would make a motion to deny the applicant’s proposal to expand the project.
Option 8 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Approval Memos
C. Previous Project Conditions
D. Initial Study / Negative Declaration
E. Use Permit Major Modification Application Packet
F. Road Exception Request Application Materials
G. Water Availability Analysis (WAA) & Water System Feasibility Report
H. Wastewater Feasibility Study
I. Northern Spotted Owl Survey
J. Traffic Impact Study
K. Stormwater Control Plan
L. Graphics
M. Winery Comparison Analysis and Summary of Changes