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: Wrights Corner Use Permit Major Modification No. P22-00241-MOD
RECOMMENDATION
title
WRIGHTS CORNER INC. / WRIGHT’S CORNER / USE PERMIT MAJOR MODIFICATION NO. P22-00241-MOD
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. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning March 13, 2025, and running through April 15, 2025 (State Clearinghouse No. SCH 2025030679 - officially accepted by the SCH on March 17th) https://ceqanet.opr.ca.gov/2025030679. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
REQUEST: This application requests a change in use to three existing structures on the subject property, including; 1) converting an existing 2,738 sf three (3) bedroom residence into an inn with eight (8) guest rooms and construction of five (5) new stand-alone guest cottages of 645 sf each (totaling 3,175 sf) with proposed private events for guests of the inn, 2) convert an existing bike rental/guided tour and luxury tour car staging business to a beer and wine Tavern, 3) convert an existing furniture store with art, antique, and retail products to a mercantile store with wine tastings, 4) addition of a new mobile concession trailer (130 sf) for the sale of coffee and morning snacks, 5) addition of a new 397 sf bathroom with attached storage room for patrons, 6) site improvements to meet Napa County Roads and Street Standards for the commercial driveway, and construction of 28 additional parking for a total of 36 on-site, and 7) upgrade the septic system prior to conversion of the residence to lodging. The project is located on a 2.35-acre parcel within the Commercial Limited (CL) zoning district and designated as Agriculture, Watershed and Open Space (AWOS) and Agricultural Resources (AR) at 4370 (also addressed as 4372 and 4374) Old Sonoma Highway, Napa (APN 047-110-017).
STAFF RECOMMENDATION: Adopt the Negative Declaration and approve the Use Permit Modification subject to the recommended conditions of approval.
STAFF CONTACT: Kelli Cahill, Planner III; (707) 265-2325 or kelli.cahill@countyofnapa.org
APPLICANT CONTACT: Kerry Smith, Owner; (707) 812-5006 or thewrightcorner@earthlink.net
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Negative Declaration based on Findings 1-7 in Attachment A; and
2. Approve Use Permit Major Modification No. P22-00241, based on recommended Findings 8-12 in Attachment A and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The Wright Corner, also often called Wrights Corner, is an approved commercially zoned parcel in the Carneros region located at the southeast corner of Old Sonoma Road and Old Sonoma Highway. The structures on the property with the exception of the residence were constructed in the 1890s, and once home to a gas station, then a general store, and later a bar. The exact timing of the businesses closing is not known, but the property fell into disrepair for decades creating a neighborhood nuisance. In the early 1980s, a series of use permit entitlements were filed in an attempt to remake the property, including antique furniture store (U-348283) and in 2014 expanded to include an art gallery, bike rental/guided tour/luxury tour car staging businesses.
Zoning and General Plan Compliance: In 1978 commercial zoning was recognized on the project site as part of the Carneros Area Rezoning in conjunction with the County 1975 General Plan Land Use Element. To address the potential conflict of long existing commercially zoned properties within the AWOS and AR designated areas, the 2008 General Plan (and the prior 1983 General Plan) contains Agricultural and Land Use Element Policy AG/LU-45 which states that the commercially zoned properties consistent with the AWOS designation as a result of their legal establishment in 1975 County General Plan Land Use Element, and as such are permitted to continue to operate including establishment of additional commercial uses and mixed residential-commercial uses but only on those portions of the property that have commercial zoning.
The proposed project is consistent with Policy AG/LU-45 as the entire parcel contains commercial zoning, so there is no issue of commercial support facilities spilling out onto agriculturally zoned land. The proposed project includes uses that are consistent with County Code Section 18.28.030(B, C and E) allowing with Use Permit an Inn, Tavern, coffee shop, retail store (mercantile).
Approval of a Major Modification to the previous project approvals (Use Permit U-348283 and Modification P14-00022-MOD) as described above to the following:
1. Converting an existing 2,738 sf three (3) bedroom single-family residence, referred to as 4374 Old Sonoma Highway to an eight (8) room Guest Inn with five (5) new free standing guest units/cottages at 635 sf per unit for a total 3,175 sf;
2. Convert an existing bike rental/guided tour and luxury tour car staging business, referred to as 4370 Old Sonoma Highway to a beer and wine Tavern with indoor and outdoor seating;
3. Convert an existing furniture store with art, antique, and retail products, refer to as 4372 Old Sonoma Highway to a mercantile store with wine tastings with indoor and outdoor areas;
4. Construct a concrete pad for a new concession trailer, known herein as the Coffee Cart for the sale of coffee and morning snacks;
5. Construct a 397-sf new restroom and storage structure to service the property;
6. Days and Hours of operation would be as follows:
a. 4370 Old Sonoma Road - 11:00 am to 7:00 pm, seven (7) days a week for 50 weeks per year
b. 4372 Old Sonoma Road - 10:30 am to 6:00 pm, five (5) days a week for 50 weeks per year
c. 4374 Old Sonoma Road - would operate 24 hours a day, seven (7) days a week
d. Coffee Cart - 5:30 am to 10:30 am seven (7) days a week for 50 weeks per year
7. Increase employees from three (3) full-time employees to eight (8) full-time employees;
8. Increase the number of existing events from three (3) for the Mercantile store to four (4) events per month with a maximum number 85 people for the Guest Inn only between 11:00 am to 9:00 pm. The Tavern and Mercantile will not be open during schedule events for the Guest Inn;
9. Increase parking with 28 new spaces for a total of 36 parking spaces;
10. Widening of the existing driveway to Napa County Roads and Street Standards;
11. Grading and site improvements to accommodate new parking areas;
12. Upgrade to the septic system prior to conversion of the residence to Guest Inn; and
13. Onsite landscaping.
Staff has reviewed the proposed project and supports granting approval. Staff prepared an Initial Study/Negative Declaration 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 based upon the existing conditions of the parcels and given that the proposed physical improvements are limited, generally occurring in already disturbed areas. Therefore, staff recommends adoption of the 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 Negative Declaration. According to the proposed Negative Declaration the proposed project would have less than significant environmental impacts. In accordance with Section 15073 of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning on March 13, 2025, which runs through April 15, 2025 (State Clearinghouse No. SCH 2025030679 - officially accepted by SCH on April 17). The review period for SCH runs March 17, 2025, through April 16, 2025. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
PROJECT INFORMATION
Owner: Wright Corner, Inc., Kerry Smith; 4370 Old Sonoma Highway; Napa; phone: (707) 963-5656; email: thewrightcorner@earthlink.net
Representative: Same as owner
General Plan Land Use Designation: Agriculture, Watershed and Open Space (AWOS) and Agricultural Resources (AR)
Zoning District: Commercial Limited (CL)
Filed: July 17, 2022
Resubmittals Received: January 3, 2023, March 23, 2023, March 8, 2024, June 20, 2024
Courtesy Notice Sent: August 20, 2023
Project site size: 2.35 acres
The project site is currently developed with three structures including a 2,738 sf single-family residence, a 12,500 gallon water storage tank, septic, and under Use Permit P14-00022-MOD the other two structures operate as a 340 sf art gallery with art on display and for sale, 788 sf bike rental/guided tour business and luxury car excursion, 331 sf storage area that serves all three businesses, ancillary retail sales of riding gear, prepackaged food and convenience items in support of the bike rental/guided tour business, and parking. Additionally, there is an approved 1,900 sf furniture store buildings approved under Use Permit U-348283.
SITE CHARACTERISTICS
Approved and Proposed Development:
4372 Old Sonoma Highway
Approved: Furniture Store and Retail uses that include art, antiques, and retail products (1,917 sf)
Proposed: Mercantile (addition of 450 sf of outdoor space for a total of 2,367 sf)
4370 Old Sonoma Highway
Approved - Bike Rental/Guided Tour/Luxury Car Storage Business (1,447 sf)
Proposed - Beer and Wine Tavern (addition of 1,107 sf of outdoor space for a total of 2,554 sf)
4374 Old Sonoma Highway
Approved/Existing: Three (3) bedroom single-family residence (2,070 sf with 688 sf of covered porch)
Proposed: Guest Inn with eight (8) rooms, five (5) to be new stand-alone guest cottages (each unit/guest cottage 635 sf for a total of 3,175 sf)
New Coffee Cart to occupy a space of 130 sf will be located on the northwest side of the proposed Mercantile.
New Restroom and Storage Building of 397 sf will be located between the proposed Mercantile and Tavern on the south of the existing driveway adjacent to those structures.
New 1,800 sf designated outdoor event area with no construction located in the existing grass area adjacent to and east of the proposed restroom and storage building.
Number of Employees:
Approved: three (3) full time employees.
Proposed: eight (8) full-time employees.
Visitation:
4372 Old Sonoma Highway
Approved: Art Gallery 2 to 4 guests
Proposed: Mercantile would include drop in
4370 Old Sonoma Highway
Approved - 13 guests per day for the bike touring during peak season (June to October), zero (0) guest per day for luxury car excursions
Proposed - Tavern - 90 visitors per day
4374 Old Sonoma Highway
Approved: single family residence
Proposed: Guest Inn with eight (8) rooms, five (5) to be new stand-alone guest cottages - 16 guests as maximum capacity
Coffee Cart - proposed service is for to-go beverages and pre-packaged baked goods. No other facilities will be open, including the restrooms.
Event Program:
Approved: three (3) events per year with a maximum of 50 people for the Art Gallery - shall occur between 10:30 am and 9:00 pm
Proposed: No changes to the Art Gallery events identified, addition of four (4) monthly events for the Guest Inn with up to 85 people to occur between 11:00 am and 9:00 pm within a designated 1,800 sf area. The Tavern and Mercantile will not be open during schedule events for the Guest Inn only; and will be held in a designated area east of the bathroom/storage buildings.
Days of Operation:
4372 Old Sonoma Highway
Approved: late Spring to early Winter - Tuesday through Sunday 12:00 pm to 6:00 pm
late Winter to early Spring - Tuesday through Sunday 12:00 pm to 4:00 pm
Proposed: Mercantile will be open 5 days a week from 10:30 A.M. to 6:00 P.M.
4370 Old Sonoma Highway
Approved: late Spring to early Winter - Monday through Sunday 8:30 am to 6:00 pm
late Winter to early Spring - Monday through Sunday 8:30 am to 4:00/4:30 pm
Proposed: Beer and Wine Tavern will be open 7 days a week from 11:00 A.M. to 7:00 P.M.
4374 Old Sonoma Highway - Guest Inn will be open 7 days a week with onsite employee between the hours of 6:00 A.M. to 2:00 P.M.
Coffee cart will be open 7 days a week from 5:30 A.M. to 10:30 A.M.
Parking:
Approved: Eight (8) total spaces, including those for the parking for the single-family residence
Proposed: 28 spaces for a total of 36 spaces.
Setbacks:
Required yard setbacks: There are no designated setbacks for the Commercial Limited Zoning District. Setbacks are generally determined by Prior Use Permit Approvals; however, the record does not indicate that setbacks were required as part of any of the prior approvals. That said, the existing structures are not expanding into the existing setbacks. All proposed construction will adhere to the setbacks as detailed in the proposed site plan, including a 20-foot setback to the eastern property line, and six (6) feet from the north-northeast property line which is exclusive to the proposed stand-alone guest cottages. No other construction will occur closer to the property boundaries.
Adjacent General Plan Designation / Zoning / Land Use:
North: AWOS General Plan Designation / AW Zoning - rural residence with vineyard.
South: AWOS General Plan Designation / AW Zoning - rural residence with home located approximately 20 feet from the shared property line; Carneros Inn Resort is located on Old Sonoma Highway just south of the property.
West: AWOS General Plan Designation / AW Zoning - farm management use.
East: AWOS General Plan Designation / AW Zoning - rural residence with vineyard.
Parcel History:
Unknown date - At some point significantly prior to 1980s, possibly the 1930s, the property was developed with some form of a country store with a bar and grill, and a fuel pump island when Old Sonoma Highway still functioned as the main road between Napa and Sonoma.
1978 - Commercial zoning was recognized on this site and nearby commercial sites as part of the Carneros Area Rezoning in conjunction with the County 1975 General Plan Land Use Element.
1980 - The property owner applied for Use Permit U-188081 for a recreational vehicle storage lot, but the application was not pursued to hearing.
May 4, 1983 - The County issued Use Permit U-348283 for an antique furniture business within the two buildings located closest to the corner of Old Sonoma Road and Old Sonoma Highway. For several years the store was in operation, but it is unknown at what point the use ceased.
November 7, 1984 - The County issued Use Permit BB-118485 to convert the approved (but not completed) single family residence to allow two (2) of the bedrooms to be used for a bed and breakfast use. The use permit for the bed and breakfast was terminated by the County on September 1, 1985, due to the failure of the property owner to pursue the project to completions in accordance with County Code (Section 12806) for Bed and Breakfast permits.
May 6, 2015 - The County issued Use Permit Modification P14-00022-MOD as the most recent approval which established current uses as follows:
Conversion of 1,488 SF antique furniture store warehouse and shop building to the following:
1. 340 sf art gallery (display and sale)
2. 788 sf bike rental/guided tour/luxury tour car staging business
3. 311 sf shared storage area for all three businesses (art gallery, bike rental, furniture store)
4. Ancillary retail sales of riding gear, pre-packaged food and convenience items for the bike rental/guided tour business
5. No change to the existing 1,900 sf main furniture store building, and no change to the approved 2,860 sf single family residence (U-348283)
6. U-348283 COA #14 allow a maximum of three marketing events to allow auctions, art fairs or similar temporary events annually with a maximum of 50 guests in attendance between 9:00 am and 6:00 pm.
Code Compliance History:
None. There are no open or pending code violations for the site.
Discussion Points:
Setting - The project site is currently developed with a single-family residence, a 12,500-gallon water storage tank, septic system, two buildings operated as businesses approved under Use Permit P14-00022-UP for an art gallery and antique store, bike rental/guided tour business and luxury car excursion with parking. The parcel sits on a relatively flat area with increasing slopes towards the northeast portion of the parcel. Slopes on the property range from 5% at the corner of Old Sonoma Road and Old Sonoma Highway and increasing to the northeast with a small area greater than 20%.
Project Proposal - This application requests a change in use to three (3) existing structures on the subject property, including; 1) converting an existing 2,738 sf three (3) bedroom residence into an inn with eight (8) guest rooms and construction of five (5) new stand-alone guest cottages of 645 sf each (totaling 3,175 sf) with proposed private events for guests of the inn, 2) convert an existing bike rental/guided tour and luxury tour car staging business to a beer and wine Tavern, 3) convert an existing furniture store with art, antique, and retail products to a mercantile store with wine tastings, 4) addition of a new mobile concession trailer (130 sf) for the sale of coffee and morning snacks, 5) addition of a new 397 sf bathroom with attached storage room for patrons, 6) site improvements to meet Napa County Roads and Street Standards for the commercial driveway, and construction of 28 additional parking for a total of 36 on-site, and 7) upgrade the septic system prior to conversion of the residence to lodging.
Setbacks - Setbacks in the Commercial Limited (CL) zoning are set by Use Permit. As part of the Use Permit U-348283, Public Works recommended that the Right of Way be widened to 42 feet from the centerline of Old Sonoma Road along the entire frontage of the parcel and granted to the County. Additional improvements were recommended as part of the widening to provide a concrete curb and gutter 32 feet from the centerline of the road, a concrete sidewalk including any necessary drainage, or the property owner could defer improvements to the County as part of an agreement. As part of the request to modify U-348283, Use Permit Modification P14-00022 was approved with the deletion of the Public Works Conditions of Approval mentioned above.
Visitation/Event Program - The Mercantile will operate similarly to the existing art gallery with drop in customers. At full capacity, the Tavern and Guest Inn customers/guests would account for 106 people. Event program includes the existing three (3) events per year with a maximum of 50 people for the Art Gallery, and proposed events for the Guest Inn of four (4) events per month with a maximum of 85 people. Events for the Guest Inn will not occur during open hours for the other businesses.
Traffic - A Transportation Impact Study (Attachment G), was prepared for the proposed project by W. Trans, dated April 30, 2024. The study considered three study areas given the location of the proposed project, including: 1) State Route 12-121 / Old Sonoma Road 2) Old Sonoma Road / Old Sonoma Highway, and 3) State Route 12-121 / Old Sonoma Highway. The land use mix associated with proposed project would generate approximately 278 daily trips (before deducting existing trips). Accordingly, it is estimated that approximately 33 daily trips would be generated by employees (approximately 12 percent of the daily retail and inn employees). Of the 278 daily trips, 245 trips would be associated with visitor-based travel. This translates to 123 inbound visitors per day. The report recommends a Traffic Demand Management (TDM) Plan be implemented to reduce the project’s daily trip generation by 25 trips, relying on a combination of measures to reduce both employee and visitor related auto travel. Napa County Department of Public Works has included a TDM Plan as part of the Department’s Conditions of Approval, dated May 13, 2024. (Attachments B and G) The project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b).
There is a lack of dedicated facilities for pedestrians given the rural setting; however, there some pedestrians are expected to walk along the shoulder of the roadway from nearby residence and Carneros Inn. There are existing bike lanes along the frontage of Old Sonoma Road. Additionally, the 2019 Napa Countywide Bicycle Plan indicated four continuous miles of Class II (a striped and signed lane for one-way bike travel on a street or highway) planned along Old Sonoma Road between State Route 12/121 and Jefferson Street.
Noise - Impacts due to a temporary increase in ambient noise generated from construction activities or from groundborne vibration would remain below a level of significance through compliance with the Napa County Noise Ordinance (Napa County Code Chapter 8.16). The County Noise Ordinance limits construction activities to daylight hours (7:00 a.m. to 7:00 p.m.) using properly muffled vehicles. In addition to the County Noise Ordinance, the project applicant will be required to comply with project Conditions of Approval related to construction noise, which will limit activities further by requiring construction vehicles to be muffled and backup alarms adjusted to the lowest allowable levels.
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.), the timeframe within which the existing and proposed uses will have customers and events. The use of amplified music or amplification of any kind is prohibited. Events and non- amplified music, including clean-up are required to finish by 10:00 p.m. Amplified music or sound systems would not be permitted for outdoor events as identified in standard Condition of Approval No. 4.10 as recommended by staff.
According to Table 4.7-1 of the Napa County General Plan EIR, typical noise generated from normal conversations is 60dBA at a distance of 5-10 feet. Furthermore, the Napa County General Plan EIR indicates the average, or equivalent, sound level (Leq) for Hotel/Motel/Sleeping, Restaurant, and Market/Retail Sales activities are between 50 and 65 dBA. The nearest residence is located over 200 feet from the Tavern and Mercantile.
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. The outdoor space of the Mercantile will be enclosed to further muffle noise. Furthermore, the project site is located 600 feet north of Carneros Highway (State Route 121/12) which produces background levels of noise of 60 Ldn (day night average sound levels) (Napa County GIS Layer-Road noise at 60ldn). Finally, outdoor equipment would be subject to standard Condition of Approval 6.6 requiring that any exterior equipment be enclosed or muffled and maintained so as not to create a noise disturbance as recommended by staff
Wastewater - A Wastewater Feasibility Study, prepared by NorCal Civil Engineering, LLC (Attachment H), explains that a code compliant septic system will need to be installed, replacing the existing system in order to comply with State requirements as well as accommodate the proposed increase in employees, guests, and other activities generating domestic waste. Based on site evaluation results, the recommendation is to design and install a subsurface drip irrigation septic system. The system design will accommodate flows from proposed uses, including installation of low flow fixtures. Design flows are estimated for a peak flow of 2,168 gallons per day which accounts for all proposed uses occurring at the same time; however, proposed events will occur at times when the Tavern and Mercantile are not open, and the mobile Coffee Cart will operate prior to opening of the Tavern.
A pretreatment system proposed will consist of one AdvanTex AX100 commercial textile filter and associated septic tank and recirculation system, and pumping system. The subsurface drip system is required to be equal to 200%of the primary area, which is 6,194 sf. The area identified is equal to 9,341 sf with a total area required of 9,291 sf, which accommodates and area equal to 302%. There is more than sufficient area to develop the required septic dispersal field. A sump tank of 5,000 gallons will accommodate 2.3 times the daily design flow. The sump tank will allow for storage of the Highwater Alarm and flow equalization. Additional sump tanks are anticipated due to site layout, with suitable locations to be identified with future detailed design provided as part of permitting requirements to be reviewed by Environmental Health, and in accordance with conditions of approval, dated April 15, 2024.
Groundwater Availability - A Water Availability Analysis (Attachment I), dated June 17, 2024, was prepared by EBA Engineering per the County’s Water Availability Analysis Guidelines (May 2015). The report includes a Tier 1, Tier 2, and Tier 3. The Tier 1 calculated the existing and proposed water use and parcel specific rate of recharge. The existing well currently serves the existing residence, along with the Art Gallery, bike rental/guided tour business and luxury car excursion.
EBA Engineering performed a water budget for the parcel. The estimated volume of water available for groundwater recharge is 3.62-acre feet per year (AF/Y) during an average precipitation year. Estimated groundwater demand for a year would be 2,410 gallons per day (GPD) or 2.70 AF/Y, approximately 75% of the water available for recharge. The estimated groundwater demand was conservatively based on operations over the course of 365 days; however, the project proposes operation of the Tavern and Coffee Cart for only 50 weeks per year or 350 days of the year, with the Mercantile open only five days per week for a total of 250 days of the year.
The well is proposed to be used for the new Mercantile, Tavern, coffee cart, and Guest Inn. The projected overall water demand for the project site of 2.70 af/yr representing a 1.80 af/yr increase of the existing water demand of 0.896 af/yr based on approved usage under Use Permit Modification P14-00022-MOD. The parcel water demand can be met with the existing project well. Below is a table that details each source of existing and proposed groundwater use:
|
Usage Type |
Estimated Usage - AF/YR |
|
Existing Water Demand |
|
|
Residence |
0.5040 |
|
Landscaping |
0.3024 |
|
Furniture Store and Art Gallery |
0.0896 |
|
Bike Rental and Guided Tour Business |
|
|
Luxury Car Excursion |
|
|
Total Existing Water Demand |
0.896a AF/YR |
|
|
|
|
Proposed Water Demand |
|
|
Mercantile |
0.218 |
|
Tavern |
1.176 |
|
Coffee Cart |
0.043 |
|
Guest Inn |
0.823 |
|
Mercantile Small Events (3 per years) |
0.0014 |
|
Total Proposed Water Demand w/o Large events |
2.26 AF/YR |
|
|
|
|
Proposed Water Demand on Large Event daysb |
|
|
Guest Inn |
0.823 |
|
Large Events (4 times per month) |
0.141 |
|
Coffee Cart |
0.43 |
|
Total Proposed Water Demand w/ Large Events |
1.39 AF/YR |
|
|
|
|
Landscaping |
0.27 |
|
|
|
|
Total Annual Water Demand based on highest daily use |
2.70 AF/YR |
Disclaimer: Conversions on a use-by-use basis has a margin of error. The cumulative anticipated water demand of 2410 gallons per day equates to 2.70 AF/Yr, which is consistent with the Water Availability Analysis, prepared by EBA Engineers.
Notes:
a. Total existing water demand is based on uses approved by Use Permit Modification P14-00022-MOD
b. Day with large events scheduled, the Mercantile and Tavern will be closed per the Wastewater Feasibility Study
Tier 2: The nearest neighboring well is located approximately 150 feet to the north, less than 500 feet from the proposed project well. The proximity and proposed increase in groundwater demand required a Tier 2 well interference analysis. EBA Engineering prepared modeling based on the 80-minute pump duration of the onsite well, values predicted there would be ten (10) feet of drawdown at a distance of 24 feet, with less than one (1) foot of drawdown at 48 feet from the project well. The modeling predicts that there would be no impact to the offsite neighboring well that is located 150 feet away.
Tier 3: A formal Tier 3 analysis was required, due to the project’s proximity to Carneros Creek which is a County designated Significant Stream. Public Trust Doctrine requires the County to consider and give due regard to public trust when analyzing impacts that may impact a navigable waterway, or a non-navigable course (in this instance Carneros Creek) which connects to a navigable waterway (Napa River). Carneros Creek is located approximately 435 feet to the west of the project well. Using similar coefficients to the streamflow depletion modeling to the that used for the well interference analysis, EBA Engineering’s hydrogeologist opined that there would be no measurable stream depletion (0.0000 cubic feet per second). Therefore, it was the opinion of EBA Engineering that the proposed increase in groundwater pumping if the project is approved, would not significantly contribute to stream depletion from Carneros Creek. Additionally, Carneros Creek as measured perpendicular to the existing on-site well, is approximately 94 feet above mean sea level (MSL), based on publicly available elevation data. The elevation of the well head of the on-site well is approximately 120 feet above MSL, which is approximately 26 feet greater in elevation than Carneros Creek.
Although the project is not anticipated deplete streamflows from Carneros Creek, the standard ground water management well monitoring condition COA No. 4.1, shall be implemented to require that the project well be monitored including static water levels no less than quarterly (four times per year) and the volume of water collected monthly.
Public Trust - The public trust doctrine requires the state and its legal subdivisions to “consider,” give “due regard,” and “take the public trust into account” when considering actions that may adversely affect a navigable waterway. (Environmental Law Foundation v. State Water Resources Control Bd.; San Francisco Baykeeper, Inc. v. State Lands Com.) There is no “procedural matrix” governing how an agency should consider public trust uses. (Citizens for East Shore Parks v. State Lands Com.) Rather, the level of analysis “begins and ends with whether the challenged activity harms a navigable waterway and thereby violates the public trust.” (Environmental Law Foundation, 26 Cal.App.5th at p. 403.). As demonstrated in the Environmental Law Foundation vs State Water Resources Control Board Third District Appellate Court Case, that arose in the context of a lawsuit over Siskiyou County’s obligation in administering groundwater well permits and management program with respect to Scott River, a navigable waterway (considered a public trust resource), the court affirmed that the public trust doctrine is relevant to extractions of groundwater that adversely impact a navigable waterway and that Counties are obligated to consider the doctrine, irrespective of the enactment of the Sustainable Groundwater Management Act (SGMA).
On January 10, 2024, Napa County released the Interim Napa County Well Permit Standards and WAA Requirements - January 2024, providing guidance to complying with the Public Trust. A Tier 3 review is the County’s adopted method for complying with its duties under the Doctrine. As discussed above the existing well would not significantly contribute to stream depletion and in compliance with Table 3 of the WAA Guidance document. County has satisfied its duty to consider impacts to trust resources and no further analysis is required.
Cultural Resources - Archeological Resource Services performed an archeological resource management report, dated May 31, 2023. The survey included the entire 2.35-acre parcel with review of prior historical reports. There were no archeological resources found. There are two structures on the property that based on age could qualify as historic; however, given the extensive renovations to the structures, it seems unlikely to qualify to be a registered historic. The project proposes ground disturbance and construction. If resources are found during any earth disturbing activities associated with the project, construction of the project is required to cease, and a qualified archaeologist would be retained to investigate the site. No human remains have been previously encountered on the property; no information has been encountered that would indicate that this project would encounter human remains. If resources are found or human remains encountered during project development, construction of the project is required to cease, and the requirements of standard conditions of approval would apply.
Public Comments - As of the release of this staff report there have been no comment letters submitted regarding the project.
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 Major Modification for Wrights Corner Project proposal. Staff recommends this option, the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A).
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, and the project was found to be categorically exempt from CEQA.
Option 2 - Modify the Applicant’s Proposal
Disposition - This option would result in modification of the operations, such as customers/visitation for the Tavern, reduced event program, limit wine tasting by business, reduce the number of seats and/or denial of some of the requested changes in use or components of the uses, to address concerns of the Commission and/or public comments if solicited.
Action Required - Follow proposed actions listed in the Executive Summary and recommend amended scope and applicable conditions of approval. 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 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 Major Modification, 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 take tentative motion to deny the project and remand the matter to staff for preparation of required findings, based upon the Commission's statements. Staff would return to the Commission with the findings or denial on a specified date.
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 Memos
C. Previous Project Conditions
D. Initial Study / Negative Declaration
E. Application Submittal & Project Description
F. Project Plan Set
G. Transportation Impact Study
H. Wastewater Feasibility Report
I. Water Availability Analysis
J. Stormwater Control Plan
K. Archaeological Resource Management Report (confidential)
L. Graphics
M. Summary Table