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File #: 25-1354    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 7/21/2025 In control: Planning Commission
On agenda: 8/20/2025 Final action:
Title: NIGHTS IN WHITE SATIN LLC / NIGHTS IN WHITE SATIN / USE PERMIT APPLICATION #P22-00236-UP CEQA STATUS: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Biological Resources, Cultural Resources, and Geology and Soils. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning July 17, 2025, and running through August 18, 2025 (State Clearinghouse No. SCH 2025070651) https://ceqasubmit.opr.ca.gov/. The project site is not included on a list of hazardous materials sites compiled pursuan...
Sponsors: Planning Commission
Attachments: 1. Attachment A Recommended Findings, 2. Attachment B Recommended Conditions of Approval and Final Agency Approval Memorandums, 3. Attachment C Mitigated Negative Declaration and MMRP, 4. Attachment D Winery Use Permit Application and Project Description, 5. Attachment E Water Availability Analysis and Addendum, 6. Attachment F Non-Transient Non-Community Water System Information, 7. Attachment G Onsite Wastewater Disposal Feasibility Study, 8. Attachment H Transportation Impact Study & Caltrans Response Letter, 9. Attachment I Stormwater Control Plan, 10. Attachment J Biological Resource Assessment, 11. Attachment K WineryComparison Chart, 12. Attachment L Graphics, 13. Attachment M Public Comments, 14. Item 7B -Public Comments(added after initial agenda posting).pdf, 15. Item 7B -Presentation (added after meeting).pdf
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TO:                     Napa County Planning Commission

FROM:                     Brian D. Bordona, Director of Planning Building and Environmental Services

REPORT BY:                     Kelli Cahill, Planner III - (707) 265-2325

SUBJECT:                     Nights in White Satin Use Permit No. P22-00236-UP

 

RECOMMENDATION

title

NIGHTS IN WHITE SATIN LLC / NIGHTS IN WHITE SATIN / USE PERMIT APPLICATION #P22-00236-UP

CEQA STATUS: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following areas: Biological Resources, Cultural Resources, and Geology and Soils. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning July 17, 2025, and running through August 18, 2025 (State Clearinghouse No. SCH 2025070651) https://ceqasubmit.opr.ca.gov/.  The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

REQUEST: Approval of a Use Permit to establish a new 120,000-gallon winery, including the construction of a winery structure with production and accessory uses, associated tours and tastings by appointment only, establishment of a marketing program, employees, parking, and construction of a new commercial driveway, wastewater treatment system, non-transient non-community water system, and new groundwater well to serve the winery only. The project is located on a 120.72 acre holding within the Agricultural Watershed (AW) zoning district and designated Agriculture, Watershed and Open Space (AWOS) and Agricultural Resource (AR) in the General Plan at APNs 047-380-009 (winery parcel) and 047-380-010 (existing well parcel) located south of Sonoma Highway (SR 12/121) approximately 0.45 miles east of the Sonoma/Napa County Line.

STAFF RECOMMENDATION: Adopt the Mitigated Negative Declaration/MMRP and a Winery Use Permit subject to the recommended conditions of approval.

Staff Contact: Kelli Cahill, Planner III, (707) 265-2325 or kelli.cahill@countyofnapa.org

Applicant Contact: Tony Baldini, (707) 944-8642 or tony@LedeFamilyWines.com

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EXECUTIVE SUMMARY

Proposed Actions:

 

That the Planning Commission:

1.                     Adopt the Mitigated Negative Declaration and the MMRP based on Findings 1-7 of Attachment A;

2.                     Approval of Use Permit No. P22-00236, based on Findings 8-12 of Attachment A and subject to the recommended Conditions of Approval in Attachment B.

 

Discussion:

 

The request is for a new 120,000 gallon per year production winery on the existing 120.72 acre holding. The proposed winery will consist of the following:

 

a.                     Construct a new 51,720 square foot winery building including 42,290 sf of production, barrel storage, administrative offices, commercial kitchen, and 9,430 sf of hospitality, including a 1,509 covered crush pad area,

b.                     25 full-time employees and ten (10) part-time employees,

c.                     Tours and Tastings by appointment only for a maximum of 150 visitors per day; 600 visitors per week,

d.                     Marketing events will include food prepared onsite in the commercial kitchen for events with 30 people. For all events with more than 30 people, food will be prepared offsite by a catering company, consisting of:

1.                     Five (5) monthly events with a maximum of 30 guests;

2.                     Ten (10) annual events with a maximum of 50 guests; and,

3.                     Four (4) annual events with a maximum of 150 guests.

e.                     On-premises consumption of wines produced on-site within the 1,540-sf outdoor covered terrace in accordance with Business and Professions Code Section 23358, 23390 and 23396.5,

f.                     Non-harvest production days and hours: 8:00 a.m. to 6:00 p.m. seven (7) days per week,

g.                     Visitation seven (7) days per week, hours: 10:00 a.m. to 6:00 p.m.

h.                     50 parking spaces, consisting of:

1.                     Visitor Parking - 36 spaces, including three (3) ADA accessible spaces

2.                     Employee Parking - 16 spaces, including one (1) ADA accessible space

3.                     Four (4) Electric Vehicle Charging stations, three (3) visitor spaces, one (1) employee space

i.                     Construct a Non-Transient Non-Community Water System (a water system to serve the winery, visitors and employees),

j.                     Construct a wastewater treatment system for winery process wastewater and domestic wastewater and possible 30,000-gallon storage tank,

k.                     Construct a twenty (20) foot wide access driveway to the proposed winery building,

l.                     Grading work for new driveway, access, including visitor and employee parking; and,

m.                     New groundwater well located on the Winery Parcel.

 

The subject holding is 120.72 acres developed with 88.1 acres of vineyard and agricultural roads, pump house farm equipment storage, one (1) groundwater well identified as Well No. 1, and an existing 40-acre foot water storage reservoir with water rights. The project winery parcel’s vineyard is currently irrigated from water stored in an offsite reservoir for which applicant holds easement rights to, but not on lands owned by applicant. The reservoir is filled with groundwater from an existing well also located offsite.

 

Staff has reviewed the proposed project and supports granting approval. Staff prepared an Initial Study/Mitigated Negative Declaration and MMRP that evaluated the potential environmental impacts of the proposal as presented by the applicant. Staff determined that the applicant’s proposal would not have any potentially significant environmental impacts with incorporation of mitigation measures, based upon the existing conditions of the parcel and given that the proposed physical improvements are limited, generally occurring in already disturbed areas. Therefore, staff recommends adoption of the Mitigated Negative Declaration. Furthermore, staff found the requests to be consistent with the Zoning Ordinance and applicable General Plan policies including the County’s current groundwater requirements.

 

ENVIRONMENTAL IMPACT

 

Environmental Determination: Consideration and possible adoption of a Mitigated Negative Declaration and MMRP. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following area: Biological Resources, Cultural Resources, and Geology and Soils. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning July 17, 2025, and running through August 18, 2025 (State Clearinghouse No. SCH  2025070651) <https://ceqasubmit.opr.ca.gov/>The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

 

BACKGROUND AND DISCUSSION

PROJECT INFORMATION:

 

Owner: Nights in White Satin, LLC c/o Tony Baldini, 1473 Yountville Cross Road, Yountville, California 94599

 

Representative: Tony Baldini,1473 Yountville Cross Road, Yountville, (707) 944-8642 or Tony@LedeFamilyWines.com

 

General Plan Land Use Designation: Agriculture, Watershed and Open Space (AWOS) and Agricultural Resource (AR)

 

Zoning District: AW (Agricultural Watershed)

 

Filed: July 5, 2022

Resubmittals Received: May 25, 2023, December 18, 2023

Application deemed complete: November 2024

 

Courtesy Notice Sent: August 5, 2022

 

Project site size:120.72 acres

 

Existing Development: The subject holding is 120.72 acres, developed with 88.1 acres of vineyard and agricultural roads, pump house, farm equipment storage, one (1) groundwater well identified as Well No. 1, an existing 40-acre foot water storage reservoir with water rights. The project winery parcel’s vineyard is currently irrigated with water stored in an offsite reservoir which applicant holds easement rights to, but not on lands owned by applicant. The reservoir is filled with groundwater from an existing well also located offsite.

 

Winery Characteristics

 

Winery Development Area Proposed: 14,900 sf (0.96 acres of the winery parcel)

 

Winery Coverage Proposed: 154,400 sf (3.5 acres, 5.9% of the winery parcel)

 

Winery Building Proposed: 51,720 sf

 

Covered Crush Pad: Proposed: 1,509 sf

 

Production Capacity Proposed: 120,000 gallons

 

Accessory/ Production Ratio Proposed: 9,430 sf accessory / 42,290 sf production - approximately 22.3%

 

Number of Employees Proposed: 25 full-time employees and ten (10) part-time employees

 

Visitation - Proposed: 150 per day, 600 per week

 

Marketing Program - Proposed:

a.                     Five (5) monthly events with a maximum of 30 guests

b.                     Ten (10) annual events with a maximum of 50 guests

c.                     Four (4) annual events with a maximum of 150 guests

 

Days and Hours of Hospitality Operations - Proposed: Seven (7) days a week, Monday through Sunday 10:00 a.m. to 6:00 p.m.

Days and Hours of Non-Harvest production - Proposed: Seven (7) days a week, Monday through Sunday 8:00 a.m. to 6:00 p.m.

 

Parking - Proposed: 50 spaces consisting of:

a.                     Visitor Parking - 36 spaces, including three (3) ADA accessible spaces

b.                     Employee Parking - 16 spaces, including one (1) ADA accessible space

c.                     Four (4) Electric Vehicle Charging stations, three (3) visitor spaces, one (1) employee space

 

Setbacks:

Required yard setbacks: 20 feet

 

Existing yard setbacks: All existing and proposed winery development exceeds 400 feet from the property line

 

Required Stream Setback:45 feet from Huichica Creek

45-65 feet from a tributary to Huichica Creek located on the western property line of the winery parcel

 

Proposed Stream Setback: The project development will be located entirely outside the required stream setbacks

 

Required Road setback: 70 feet from Sonoma Highway (SR 12/121)

 

Proposed Winery setback: The winery is located outside of the required 600-foot setback from Sonoma Highway (SR 12/121)

 

Adjacent General Plan Designation / Zoning / Land Use:

 

North: AWOS and AR General Plan Designations / AW Zoning - there are six (6) properties ranging in size from 7.14 to 213.19 acres with residences two parcels, one winery, one undeveloped parcel, and vineyards on all five properties.

South: AWOS General Plan Designation / AW Zoning - there are seven (6) properties ranging in size from 0.85 to 308.25 acres with six (6) homes, two wineries, and vineyards on all but three parcels.

West: AWOS General Plan Designation / AW Zoning - there are five (5) properties, ranging in size from 5.04 to 61.56 with vineyards on the adjacent parcel owned by the project proponent, four additional parcels have residences, and on parcel has a horse boarding stable.

East: AWOS and AR General Plan Designations / AW Zoning - there are two (2) properties ranging in size from 6.71 to 132.04 acres with two (2) homes and one (1) winer on the larger parcel, and vineyard on both parcels. The proposed winery is over 750 feet from the closest residence.

 

Parcel History:

 

The property was previously grassland based on historic aerial photographs dating back to 1968 with tree canopy following the streams as they appear today. The grassland was converted to approximately 35.4 acres of vineyard (vineyard acreage based on Civil Plans, Attachment L) between 1973 and 1982 on the winery parcel with vineyard planted and the Heller Reservoir constructed between 1982 and 1993. The vineyard was planted prior to permitting requirements; however, as the parcel is entirely located on lands with slopes that are five (5) percent or less, an erosion control plan would not have been required based on slopes.

 

Nearby Wineries located within one mile of the project:

 

There are three producing wineries within a mile of the property which includes Robert Mondavi Carneros Winery to the south, Domaine Carneros Winery to the east, and Hudson Vineyards Winery to the north. Moon Ranch Winery located south of the project site and within one mile has been approved but is not yet producing wine.

 

Please refer to Attachment K - Winery Comparison chart for comparison of proposed winery to approved wineries.

 

Active Code Compliance Violations:

 

None. There are no active code compliance violations for the site.

 

Discussion Points:

 

As part of this application, staff analyzed the following requested application types:

1)                     A Winery Use Permit

 

Setbacks - The proposed project meets all applicable minimum setbacks, including the 600-foot minimum winery building setback from Sonoma Highway (SR 12/121). No variances are requested or required as part of the proposal.

 

Visitation/Event Program - The project proposes a maximum of 150 tours and tastings visitors per day by appointment only (600 maximum visitors per week). Tours and tastings may include wine and food pairings. Foods may include prepackaged items such as dried fruit, nuts, salumi, crackers and similar, or prepared in the commercial kitchen, or offsite by a licensed caterer.  The project also proposes hosting up to 75 events per years including five (5) monthly events for up to 30 guests, and ten (10) annual events with up to 50 guests, and four (4) annual events with up to 150 guests. Marketing events will include food that would be prepared onsite in the commercial kitchen or catered and prepared offsite by a catering company.

 

Traffic - A Transportation Impact Study (TIS) (Attachment K), was prepared for the proposed project by W. Trans, dated November 3, 2023 and Caltrans Response letter, dated May 1, 2024  The study considered three study areas given the location of the proposed project, included frontage to Sonoma Highway (SR 12/121), Sonoma Highway (SR 12/121) / Old Sonoma Road, and Sonoma Highway (SR 12/121) / SR 29. The land use mix associated with the proposed project would generate approximately 247 daily trips. As a result, Napa County Department of Public Works has included a requirement for a Traffic Demand Management (TDM) Plan as part of the Department’s Conditions of Approval, dated July 12, 2024 (Condition of Approval 4.20(d) - (Attachment B). As part of the required TDM, the applicant will be required to implement one of five programs/plans outlined in the TIS, including, but not limited to, ridesharing programs, employee telework or flexible work schedules, and/or education, outreach and marketing. Through implementation of a TDM Plan, the project is anticipated to reduce the number of daily trips by 132, or 48,180 annual trips. The project as proposed includes a left-turn lane to be approved by Caltrans and required to be installed prior to issuance of a final occupancy for the winery building permit (Condition of Approval 4.20(c) - Attachment B), and the required TDM Plan, the project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b).

 

The study area is in a rural area of Napa County along a highway that has no pedestrian, bike or transit facilities.  There are plans for a future bike lane along the project frontage, to be located within the existing State right-of-way. There are some cyclists traveling along this roadway into Napa County from Sonoma County, which has been considered as part of this study. According to the TIS, the project driveway has adequate line of sight in both directions, and with over eight (8) feet of right-of-way available for east bound traffic to decelerate, the project is not anticipated to create a safety issue for motorists or cyclists.

 

Access/Parking - Access to the winery will be provided by the new driveway with proposed access of Sonoma Highway (SR12/121), with internal circulation that leads to the winery and parking. Onsite parking is provided for 50 vehicles, including four (4) accessible parking spaces, and four (4) electric vehicle chargers, based on the wineries business plan, visitation, and employee levels. Parking for larger marketing events will be located within the onsite parking and with an additional 39 parking spaces along the proposed visitor driveway that will serve as overflow parking. Shuttle services or arrangements for guests to park off site will also be provided for events consistent with Condition of Approval No. 4.3 of Attachment B. No parking is permitted or proposed within the right-of-way Sonoma Highway (SR12/121). The project also proposes installing bicycle parking spaces along the south side of the visitor parking stalls.

 

Biology - Analytical Environmental Services (AES) performed a resource database search and protocol level surveys of the study area on May 12, 2020, following by a Biological Resource Report prepared in May 2020 (Attachment J). The biologist identified Coast Live Oak Alliance and Valley Oak - Freemont Cottonwood - (Coast Live Oak) Riparian Forest NFD Association within the study area as the dominant non-agricultural vegetation types. These vegetation types were found entirely within the riparian area of Huichica Creek and the two tributaries that flow along the eastern and western boundaries of the winery parcel. The project does not propose the removal of any trees, as the entire development will be within existing disturbed areas.

 

The records review found 45 plant species, with six (6) having the potential to be found in the area of the project site. The biologist did not observe any of these species within the study area. Furthermore, the proposed project will be developed within the existing vineyard and does not propose to remove any plants or trees beyond the proposed 5.4 acres of vineyard.

 

Animal species identified include steelhead, foothill yellow-legged frog, California red legged frog, White tailed kite, and Napa County GIS also identified potential for pallid bat and Swainson’s hawk.  Species were reported within an area 2 to 10 miles of the project site but were not observed during the site reconnaissance. The most recent occurrence of steelhead in Huichica Creek was recorded in 2003. Although construction is not proposed within the riparian area or within the required stream setbacks of Huichica Creek or the two tributaries, the riparian area will be protected through implementation of Mitigation Measure BIO-1. Based on the proximity of the riparian habitat the biologist has proposed fencing protections to be implemented during construction and incorporated as Mitigation Measure BIO-1 that will reduce the potential for animal species from entering the construction area from Huichica Creek and the two tributaries.

 

Additionally, given the biologist observed numerous bird species that are potentially utilizing the riparian habitat or nearby forest for foraging and nesting, and mapping identified the potential for Swainson’s hawk nesting site within 2 miles according to the CNDDB layer, the biologist has proposed Mitigation Measure BIO-2 and Mitigation Measure BIO-3 to prevent potential disturbance of nesting birds, raptors and Swainson’s hawk if work occurs during the nesting season.

 

Noise - The project would result in a temporary increase in noise levels during construction of the winery and its infrastructure. Construction activities would be limited to daylight hours using properly muffled vehicles. Noise generated during this time is not anticipated to be significant. As such, the project would not result in potentially significant temporary construction noise impacts or operational impacts. Because the nearest residence to the winery development area is over 600 feet to the northeast of the proposed winery, there is a low potential for impacts related to construction noise to result in a significant impact. Further, construction activities would occur during the period of 7am-7pm on weekdays, during normal hours of human activity. All construction activities would be conducted in compliance with the Napa County Noise Ordinance (Napa County Code Chapter 8.16).

 

Additional regulations contained within County Code Chapter 8.16 establish exterior noise criteria for various land uses in the County. Based on the standards in County Code Section 8.16.070, noise levels, measured at the exterior of a residential structure or residential use on a portion of a larger property, may not exceed 50 decibels for more than half of any hour in the window of daytime hours (7:00 a.m. to 10:00 p.m.) within which the applicant proposes to conduct events. Noise impacts of the proposed project would be considered bothersome and potentially significant if sound generated by it had the effect of exceeding the standards in County Code more than 50 percent of the time (i.e., more than 50 decibels for more than 30 minutes in an hour for a residential use). Noise from winery operations is generally limited and intermittent, meaning the sound level can vary during the day and over the course of the year, depending on the activities at the winery. The primary noise-generating activities are equipment associated with wineries including refrigeration equipment, bottling equipment, barrel washing, de-stemmers and press activities occurring during the harvest crush season, delivery trucks, and other vehicles. The Napa County General Plan EIR indicates the average, or equivalent, sound level (Leq) for winery activities is 51dBA in the morning and 41dBA in the afternoon. Audibility of a new noise source and/or increase in noise levels within recognized acceptable limits are not usually considered to be significant noise impacts, but these concerns should be addressed and considered in the planning and environmental review processes. Winery operations would occur between 8:00 a.m. and 6:00 p.m. (excluding harvest). Any outdoor equipment would be subject to standard conditions requiring that any exterior winery equipment be enclosed or muffled and maintained so as not to create a noise disturbance.

 

Wastewater - An Onsite Wastewater Disposal Feasibility Study was prepared by Applied Civil Engineering, dated August 22, 2021, to evaluate the feasibility of disposal of the winery process wastewater and domestic sanitary wastewater. The proposed system was designed in accordance with Table 4 of the Napa County “Regulations for Design, Construction, and Installation of Sewage Treatment Systems”. Based on the estimated combined winery and domestic wastewater peak flows, engineering has proposed two (2) options, the first is a combined sanitary and process wastewater subsurface drip disposal field, and the second option is the same as the first, but winery process wastewater would be collected separately, pretreated, stored and dispersed through the surface irrigation system.

 

Under the first option, the system would require a disposal area of 8,500 square feet and a reserve area 200% the size of the disposal area for a required reserve area of 17,000 sf. The site topography and parcel size would be sufficient to accommodate the disposal area and required reserve. There are several pretreatment system options available, and the final design shall be selected in accordance with the State Water Resources Control Board effluent requirements.

 

Under the second option, wastewater would be collected, treated and stored to use to irrigate approximately four (4) acres of existing vineyard. As part of this option, treated wastewater would need to be stored to provide operational flexibility in timing land application. The study proposes a storage tank with a minimum 30,000-gallon capacity be installed as part of the second option.

 

The Onsite Wastewater Disposal Feasibility Study was reviewed by the Environmental Health Division providing conditions of approval in their memorandum, dated August 4, 2022 that requires the plans for a wastewater system plans to meet the design criteria, prepared by a licensed professional, and to submit one of the proposed systems to the Environmental Health Division for review prior to clearance of or issuance of a building permit.

 

Groundwater Availability - A Water Availability Analysis (WAA) (Attachment E), dated January 30, 2023, was prepared by O’Connor Environmental, Inc. (OEI). The report includes a Tier 1 and Tier 3 analyses. A Tier 2 was not necessary as the nearest offsite neighboring well is located over 500 feet from Well #1 and the proposed new well. The WAA outlined the current water sources for the two parcels, which a combined 88.1 acres of vineyard, with the winery parcel having approximately 41.1 acres of vineyard referred to the Sonapa Block, and the well parcel (APN 047-380-010) having approximately 47 acres of vineyard referred to as the North Hills Block. It should be noted that vineyard acreage in the WAA is inconsistent with the civil plans, which have more accurate vineyard acreage of 35.4. The vineyard acreage used in the WAA likely accounts for all developed areas of the two parcels, that include agricultural roads in addition to vineyards.

 

There are two existing groundwater wells (Well #1 and Sonapa Well #2) and one proposed new well (Winery Well). Well #1 is located on APN 047-380-010, and the Sonapa Well #2 is located west of the project parcels offsite associated with the Sonapa Reservoir. Along with the Sonapa Reservoir, there is an additional existing water storage reservoir that currently supplies irrigation water to the Sonapa and North Hills vineyard blocks. The reservoirs are known as Sonapa and Heller. The Sonapa Reservoir is located offsite and is filled with groundwater from an offsite well and precipitation. The offsite parcel where the well and Sonapa Reservoir are located are not owned by the project proponent, but access and the accompanying pipelines were granted through easement on file with Napa County (Easement Grant Deed 952 O.R. 97 and 953 O.R. 479). The Sonapa Reservoir is located off channel, capturing direct precipitation and pumped groundwater, and does not impound runoff from the surrounding area and does not require a Water Right from the State Water Resources Control Board. A pump station transfers the water from the Sonapa Reservoir to the Sonapa Blocks (winery parcel).

 

The North Hills Block are irrigated in part from the Heller Reservoir, located on the existing well parcel west of the winery parcel.  The reservoir is on-channel, built to capture runoff from an unnamed tributary to Huichica Creek near the south edge of the western parcel boundary. A Water Right was perfected for the reservoir (A027796, Attachment E) allowing up to 40-acre feet per year (af/yr) of water storage and 35 af/yr of withdrawals for irrigation only to be used for the North Hill Blocks per the terms of the Water Right. Additionally, groundwater from Well #1 located on APN 047-380-010, is pumped and stored in Heller Reservoir and used for irrigation. Under the terms of the Water Right, all groundwater and surface water diversions must be tracked separately to demonstrate to the State Regional Water Control Board that the stored surface water conforms to the Water Right.

 

The existing water demand includes irrigation, according to records for the reservoirs, approximately 44.05 af/yr is currently used to irrigate the 88.1 acres of combined vineyard on the two parcels. Of the 44.05 af/yr, approximately 36.22 af/yr is from captured precipitation or diversion as part of the Water Right, resulting in total groundwater for irrigation of 21.63 af/yr as shown in Table 1.

 

Table 1 - Existing Water Demand

Water Demand Component

Vineyard (acres)

Water Use by Acre (af/yr)

Annual Water Use (af/yr)

Irrigation & Frost Protection

44.05

Vineyard

88.1

0.5

44.05

Frost Protection

0.0

0.25

0.0

 

 

 

 

Surface Water and Precipitation Capture and Diversion

(36.22)

Heller Reservoir Average Diversion 2012-2021

(25.50)

Heller Reservoir Average Precipitation Capture 2012-2012

(7.77)

Sonapa Reservoir Average Precipitation Capture 2012-2021

(2.92)

 

 

 

 

Evaporation Losses from Reservoirs Replaced with Groundwater

13.80

 

 

 

 

Total Groundwater Use

21.63

Note: Data provided in Table 2 of Attachment E

 

Tier 1 - Parcel recharge was calculated including the winery parcel and existing well parcel under common ownership, directly west of the winery parcel. The two parcels total 120.72 acres were modeled based on the near-average water year, representative of a 30-yr period between 1981 and 2010. Recharge for the parcels is estimated to be 65.5 af/yr, or equivalent to 34% of the estimated groundwater demand for the two parcels. Estimated groundwater recharge based on the mean annual precipitation for the 10-year period (2021-2021) is 33.0 af/yr for the project recharge area, proposed groundwater demand is approximately 69 percent of the estimated recharge for the area of the project parcels that include vineyard irrigation and winery operations totaling 22.88 af/yr as shown in Table 2.

 

Table 2 - Proposed Water Demand with Winery Use

Water Use Component

# of Units

Use Per Unit

Annual Water Use (ac/yr)

Irrigation

Irrigation Sub-Total

41.35

Sonapa (APN 047-380-009)

35.7

0.5 af/acre/yr

17.85

North Hills (APN 047-380-010)

47.0

0.5 af/acre/yr

23.50

Winery Use

Winery, Guest & Employee Sub-Total

3.95

Process Water

120,000 gallons

2.15 af/100,000 gallons

2.58

Guest and Employee Use

Tasting Room Visitation

31200 guests

3 gallons/guest

0.29

Events w/ onsite catering

2900 guests

15 gallons/guest

0.13

Full-Time Employees

25 employees

15 gallons/shift

0.29

Part-Time Employees

10 employees

15 gallons/shift

0.06

Domestic & Landscaping

120,000 gallons

0.50 af/100,000 gallons

0.60

Surface Water & Precipitation Capture & Diversion

(36.22)

Evaporation Losses from Reservoirs, Replaced with Groundwater

13.80

Total Proposed Groundwater Use

22.88

Note: a) Data provided in Table 7 of the Attachment E - Addendum

 

The project, if approved, would include a project specific Condition of Approval requiring a groundwater management plan and well monitoring. (COA No. 4.20(e), 6.15(d), and 9.9(c))

 

Tier 2: The WAA reviewed all wells supplying water to the holding and determined that there are no neighboring offsite wells or springs located within 500 feet of existing wells, as well as the proposed project well. Therefore, a Tier 2 analysis was not required, and pumping of groundwater is not anticipated to result in a drawdown of the nearest offsite well, located 760 feet away.

 

Tier 3: The WAA prepared a Tier 3 analysis as Well #1 and the proposed new project well are both located within 1,500 feet of Huichica Creek. The Tier 3 does not include Sonapa Well #2 as the well is not part of the project, is not located within 1,500 feet of a significant stream, and overall pumping of this well will be reduced upon construction of the project due to vine removal. Based on the WAA Guidelines, where distance standards and construction assumptions are met, Well #1 meets the design criteria outline in Table 3. The new project well is proposed within approximately 400 feet from Huichica Creek. The well will be constructed in accordance with Table 3 of the WAA Guidelines, with a surface seal of not less than 50 feet, where the uppermost section of perforated casing is no less than 100 feet from the ground surface, and the proposed well can be relocated an additional 100 feet to the southwest where the well will be 500 feet from Huichica Creek, demonstrating that the proposed well meets the design standards; thereby meeting the Tier 3 criteria.  Additionally, the new project well will be constructed with an additional 50 feet deep well seal where the perforated casing will start at 150 feet below ground level at an elevation not greater than 35 ft above mean sea level.

 

Grape Sourcing - The project site will have approximately 70.0 acres of vineyard once the winery is constructed, if approved, with the potential to produce approximately 49,000 gallons of wine. The winery, in addition to the holding, operates vineyards elsewhere in the county, and through the use permit application, has indicated that they intend to maintain compliance with the 75% Napa Valley grape source requirement. The recommended conditions of approval included requirements for compliance with the 75% grape sourcing rule (COA No. 4.6 - Attachment B).

 

Cultural Resources - Flaherty Cultural Resource Services prepared a Cultural Resource Reconnaissance report, dated August 6, 2020. The report included a record search with one previously recorded archeological site (CA-NAP-189/H P-28-000175) identified, which was reported as being relocated within the survey area. The site was recorded as a village site with black mounded midden. The current boundaries of the site are based on work performed by Caltrans within the public right-of-way. Flaherty reported that the boundaries of the site are inaccurate as being within the private property adjacent to the Highway right-of-way, as Caltrans did not have access to the area as part of their cultural reconnaissance. Based on the record search and past surveys in the area, Flaherty determined that the author formed the opinion that the probability of cultural resources being situated within the Study Area was high.

 

As part of Flaherty’s site reconnaissance, some 60+/- obsidian flakes were observed within and outside the boundaries of the project development area. The area was converted in or around 1983 to vineyard, with vineyard being removed and replanted, the most recent replanting occurring in 2019-2020. The vineyard is located on slopes less than five (5) percent, which under local Napa County land use regulations does not require permitting in form of an Erosion Control Plan. As a result of agricultural farming in the area, Flaherty concluded that the site has been extremely disturbed in the past as a result, it is not known if the locations of the obsidian flakes represent accurate site boundaries.

 

Flaherty recommended, and incorporated as Mitigation Measure CUL-1 that a qualified archaeologist test the project area to determine the boundaries of the archaeological site as documented by Caltrans. Additionally, as part of the standard conditions of approval (COA 7.2), the project shall be required that if any previously undiscovered resources are found during grading of the project, construction of the project is required to cease, and qualified archaeologist will be retained to investigate the stie. AB-52 Tribal Consultation Letters were mailed out on August 22, 2022, with no response from Mishewal Wappo, while Yoche Dehe Winton Nation and Middletown Rancheria responded stating the project site is not located within their Aboriginal territories and declined comment on the proposed project.

 

Although there are no paleontological resources or unique geological features previously identified on the property or were encountered on the property when the vines were planted. If resources are found during any earth disturbing activities associated with the project, the project shall comply with Mitigation Measure GEO-1 during construction of the project, requiring that work cease within 100 feet of the find, and a qualified paleontologist shall be retained to investigate the site.

 

Public Comments:

To date, staff has received one comment letter opposing the project. (Attachment M).

 

Decision Making Options:

 

As noted in the Executive Summary Section above, staff is recommending approval of the project with conditions of approval as described in Option 1 below.  Decision making options also include a no project alternative.

 

Option 1 - Approve Applicant’s Proposal (Staff Recommendation)

 

Disposition - This action would result in approval of a Use Permit for the Nights in White Satin Project proposal. Staff recommends this option, as the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A). There will be no significant environmental impacts to the site, as discussed in the Mitigated Negative Declaration.

 

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 time motion is made. This option has been analyzed for its environmental impacts, which were found to be less than significant.

 

Option 2: Modify the Applicant’s Proposal

 

Disposition - This option would result in modification to the applicant’s project to address concerns of the

Commission and/or public comments if solicited.

 

Action Required - Follow proposed action listed in Executive Summary and amend scope and project specific conditions of approval to further address potential impacts or concerns identified. This option would have proportionately fewer environmental impacts compared to those discussed in the staff report, and thus, no new analysis beyond that already discussed above would be necessary. If major revisions of the conditions of approval are required, the item will need to be continued to a future date.

 

Option 3 - Deny Proposed Project

 

Disposition - In the event the Commission determines that the project does not or cannot meet the required findings for the granting of the Use Permit, Commissioners should articulate 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 make a motion to deny the project based upon the Commission's statements.

 

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 Approval Memorandums

C.                     Initial Study/Mitigated Negative Declaration and MMRP

D.                     Use Permit Application Packet and Project Description

E.                     Water Availability Analysis and Addendum

F.                     Non-Transient Non-Community Water System Information

G.                     Onsite Wastewater Disposal Feasibility Study

H.                     Transportation Impact Study, dated November 3, 2023, and Caltrans Response Letter, dated May 1, 2024

I.                     Stormwater Quality Control Plan

J.                     Biological Resource Assessment

K.                     Winery Comparison Chart

L.                     Graphics

M.                     Public Comments