TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Charlene Gallina, Supervising Planner
SUBJECT: Napa Valley Museum/Marketplace-Under-Study
RECOMMENDATION
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Napa Valley Museum/Marketplace- Under-Study - Use Permit P25-00278-VMM
R & R LANDS, LLC / NAPA VALLEY MUSEUM/MARKETPLACE - UNDER-STUDY / USE PERMIT MODIFICATION P25-00278-VMM
CEQA STATUS: The proposed project is exempt from CEQA pursuant to 14 California Code of Regulations (CCR) Section 15061(b)(3) (State CEQA Guidelines) in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
REQUEST: A Use Permit Modification to Use Permit P24-00072-UP & Variance P24-00241 for the Napa Valley Museum/Under-Study requesting the Planning Commission modify and/or eliminate Conditions of Approval regarding wastewater monitoring and seating for the Marketplace-Under-Study. The project was approved by the Planning Commission on October 2, 2024, subject to Conditions of Approval that included limitations on seating. The project is located on the southwest side of State Highway 29 at the intersection of White Lane across the highway at 607 South St. Helena Highway, St. Helena, CA 94574; APN: 027-150-001-000. The parcel size is 1.41 acres and is general plan designated as Agricultural Resource (AR) and within the Commercial Neighborhood (CN) zoning district.
Staff Recommendation: Approve Applicant’s Proposal as requested, subject to the revised Conditions of Approval in Attachment B.
Staff Contact: Charlene Gallina, Supervising Planner; (707) 299-1355; Charlene.gallina@countyofnapa.org
Applicant Contact: Justin Williams, Restaurant 209, 2416 E. Wichita, KS, 67219; (316) 847-4821; just.williams@pressnapavalley.com (aka: Marketplace-Under-Study)
Applicant Representative: Jeff Dodd, Esq.,700 Main St. Suite 301, Napa, 94559; (707) 603-2722; jdodd@coblentzlaw.com
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Planning Commission:
1. Find the proposed use permit modification exempt from CEQA pursuant to 14 California Code of Regulations (CCR) Section 15061(b)(3) (State CEQA Guidelines); and
2. Approve Use Permit Modification No. P25-00278-VMM as requested by the Applicant based on recommended Findings (1-7) in Attachment A and subject to the revised Conditions of Approval in Attachment B.
History of Condition of Approval (COA) No. 4.12 (c) and October 2, 2024 Planning Commission Hearing:
On October 2, 2024, a Use Permit and Variance for the Napa Valley Museum (P24-00072-UP and P24-00241-VAR) was approved by the Planning Commission, subject to Conditions of Approval. The Planning Commission staff report prepared for this item and the video of this meeting can be found at Agenda <https://napa.legistar1.com/napa/meetings/2024/10/1732_A_Planning_Commission_24-10-02_Agenda.pdf> (Agenda Item 7A).
Staff’s original recommendation for the Marketplace was based upon past performance of the site’s wastewater system and wastewater flow exceedances, and Environmental Health Division’s recommendation to add COA No. 4.12 (c) as follows:
“No Marketplace seating is authorized under this use permit.”
However, at the October 2nd hearing, applicant’s representative Jeff Dodd requested the Commission allow seating after twelve (12) months of wastewater data and that COA No. 4.12(c) be revised as follows:
“No Marketplace seating is authorized under this use permit. However, if the project’s wastewater generation is at or less than 800 gallons per day on an average daily basis for the first twelve (12) months of joint operation (reflecting a decrease in flows captured in the project’s wastewater feasibility study), the Marketplace may have outdoor seating on the patio subject to the Operations & Maintenance Plan for the wastewater system.”
Ultimately, because twelve (12) months of monitoring joint operations would ensure wastewater flows remained below 800 gallons per day before seating could commence, Environmental Health staff acquiesced to the applicant’s revisions to COA No. 4.12 (c) which the Commission adopted.
Applicant’s Current Request:
On October 15, 2025, an application was submitted for a use permit modification (P25-00278-VMM) to Use Permit P24-00072-UP & Variance P24-00241 for the Napa Valley Museum/Under-Study requesting the Planning Commission modify COA No. 4.12 (c) as follows:
No Marketplace seating is authorized under this use permit. However, if the project’s wastewater generation is at or less than 800 gallons per day on an average daily basis for the first twelve (12) months of joint operation (reflecting a decrease in flows captured in the project’s wastewater feasibility study), the. The Marketplace may have outdoor seating on the patio subject to the Operations & Maintenance Plan for the wastewater system.
On November 24, 2025, the applicant submitted a floor plan depicting the approximate seating arrangement requested which would include 12 indoor seats and 20 outdoor seats for a total of 32 seats. On December 5, 2025, applicant submitted a November monitoring report regarding the wastewater system. (Attachment C, Application Packet)
The purpose of today’s hearing is for the Commission to consider the applicant’s request to modify COA No. 4.12 (c) and allow indoor and outdoor seating to occur prior to completion of a twelve (12) month wastewater monitoring period. No other changes to the project are requested. Although the applicant submitted an application for a Very Minor Modification, Staff and County Counsel determined that this item needed to be returned to the Commission for review given previous Commission discussion and to determine the intent for imposing this condition on the project as an interim or a permanent measure. Staff’s assessment of the request and options for the Commission are provided below.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed project is exempt from CEQA pursuant to 14 California Code of Regulations (CCR) Section 15061(b)(3) (State CEQA Guidelines) in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
BACKGROUND AND DISCUSSION
Owner: R & R Lands, LLC, 2416 E. Wichita, KS, 67219, Guy Byrne; (316-847-4821; Guy.Bryne@Irico.com
Applicant: Justin Williams, Restaurant 209, 2416 E. Wichita, KS, 67219; (316) 847-4821; just.williams@pressnapavalley.com (aka: Marketplace-Under-Study)
Zoning: CN (Commercial Neighborhood)
General Plan Designation: AR (Agricultural Resource)
Application Filed: October 15, 2025; Resubmittals Received: November 24, 2025; Application Deemed Complete: December 1, 2025
Property Area: 1.41 Acres
Existing Development: 10,733 square feet of Napa Valley Museum and Under-Study with parking. No change.
Existing Seating: None approved.
Proposed Seating: 12 indoor seats and 20 outdoor seats on the concrete patio for a total of 32 seats. No seating is being requested in the grass area which contains the facility’s wastewater system.
Approved Hours of Operation: Marketplace: 7am-5pm; Museum Public Access: 10am-5pm; Museum Quasi-Public Access: 5pm-10pm. No change.
Approved Number of Employees: Market Use: 5 daily, 3 per shift / Quasi-Public Use: 1 full-time, 5 part-time. No change.
Adjacent General Plan Designation/Zoning/Land Use:
North: Agricultural Resource / Agricultural Preserve / Vineyards and large lot rural residential
East: Agricultural Resource / Agricultural Preserve & Commercial Limited / Winery, vineyards and large lot rural residential
South: Agricultural Resource / Agricultural Preserve, Commercial Limited & Residential Single / commercial uses, vineyards and residential subdivision
West: Agricultural Resource / Agricultural Preserve / Winery & vineyards
Parcel History: The project site was previously operated as a legal nonconforming grocery/dry goods market with an office and an accessory food preparation area, coffee bar, deli and butcher fish market sales and produce store without seating and serving take-out only (formerly known as Dean & Deluca’s, LLC and then later as Gary’s Wine and Marketplace). Over the years, unauthorized seating had been added by the former market operators for customers convenience. The use permit authorized by the Planning Commission on October 2, 2024 ultimately replaced the terms of the Certificate of Extent of Legal Non-Conformity (approved on March 31, 1997), and authorized the existing 10,733 sq.ft. building to jointly operate as non-profit Museum (6,272 sq.ft.) and a Marketplace (4,461 sq.ft.) to be operated by the Under-Study, an affiliate of the neighboring Press Restaurant. On October 14, 2025, the Under-Study received their Final Certificate of Occupancy. The Napa Valley Museum had been operating under a Temporary Occupancy Permit since March 26, 2025, and just received their Final Certificate of Occupancy on December 4, 2025. Both business operations opened to the public in June 2025.
Code Enforcement: No enforcement actions are currently active on the subject project. However, please refer to the discussion provided below under Existing Septic System.
DISCUSSION:
Existing Septic System - There is an existing septic system on the parcel that has a limited capacity and no feasible area for expansion as it is confined within developed areas including the existing structure, sidewalks and patios, and existing parking areas. The system serves both the Museum and the Marketplace and is designed to handle a maximum wastewater flow of 1,000 gallons per day. The 800 gallon per day limit for reporting was set by Environmental Health staff when they prepared the COA memo for P24-00072. Because the system was installed as a repair after the previous system failed, setting the lower limit of 800 gallons per day would trigger the operator to take action to ensure they don't exceed the system design limit of 1,000 gallons per day. This was considered the last and best repair for this site thereby requiring business operators to be more attentive to this issue and operate the system below the design capacity. As required by Environmental Health, the Operation & Maintenance Plan, as well as the Contingency Plan was submitted in June 2025 establishing timelines for compliance and notification.
In response to the applicant’s current request submitted on October 15, 2025, the Environmental Health Division reviewed the proposed condition change and expressed the following concerns:
1) The existing COA No. 4.12 (c) stated that the monitoring period was “12 months of joint operation”. Because joint operation did not begin until June 2025, there has not been 12 months of monitoring.
2) Additionally, the existing condition of approval included with Environmental Health’s Memorandum dated September 9, 2024 (Refer to COA 4.10 in Attachment D), required daily monitoring of wastewater flows with reports submitted monthly. Notification to the County and corrective actions were to be implemented by the facility operators in accordance with the operations plan when the wastewater flow exceeded 800 gallons per day. However, the first monitoring report was not submitted to the County until October 8th for the months July 1 - October 6. The report identified wastewater flow exceeded 800 gallons per day on four separate days in September. The flow also exceeded the maximum design capacity of 1,000 gallons per day on one day in September. The applicant did not notify the County of these occurrences until October 8, nor was the County provided information regarding the corrective actions which were taken during the exceedances, contrary to the requirements of the operations and maintenance plan proposed by the applicant and approved by the Commission on October 2, 2024.
Given the applicant’s failure to meet existing requirements as noted above, Environmental Health was unable to support applicant’s request without a new feasibility study that represented the requested new use in its entirety, including proposed seating and monitoring, to ensure Environmental Health’s ability to evaluate the request and respond. Alternatively, in lieu of applicant preparing a new feasibility study, Environmental Health was amenable to the applicant’s request if the following operational mandates as identified in the applicant’s Contingency Plan submitted on June 12, 2025, by NORCAL Civil Engineering are met:
a. Use of an offsite licensed commissary kitchen to perform food preparation and cleanup with actual cooking and assembly occurring onsite. The applicant shall provide a copy of the commissary agreement and a standard operating procedure for warewashing and associated cleanup, storing of soiled utensils, and food preparation to be evaluated for approval by Environmental Health.
b. For all events, the use of temporary portable restrooms will be implemented to alleviate discharge to the septic system on a temporary basis. This action may coincide with closure of the onsite restrooms to be effective and achieve the intended result.
c. Upon exceeding 800 gallons per day, pumping of the Septic System Tanks, including:
i. Drip Dosing sump tank, and if appropriate
ii. Septic tank(s)
iii. Grease tank
iv. Septic/Recirculation Tank
d. Early closure for the day should there be a septic system failure with surfacing of effluent.
Should any operational mandates be unmet, or any imminent health and safety hazards identified which render the facility unsafe to operate, the facility would be closed until the Environmental Health Division can determine the facility’s operational capacity as acceptable.
These two options were provided to applicant for consideration on November 13, 2025. On November 24, 2025, the Applicant’s representative notified PBES staff that it would proceed with the operational mandates alternative outlined by Environmental Health noted above. This would be applicable for both businesses on the site. The applicant also submitted November’s report on December 5, 2025, demonstrating daily flows are within 800 gallons although previous monthly reports going back to June 2025 have shown some exceedances above 800 gallons (Refer to Attachment C). Given this information, the Environmental Health Division supports the proposed seating plan subject to their revised conditions of approval which continues the Operations and Maintenance Plan and the Contingency Plan for performance monitoring of the existing wastewater system and implementation of a licensed commissary kitchen for food preparation (Refer to Attachment C, Final Environmental Health Memorandum, dated December 5, 2025 which has more detailed information of the program as well as timelines for compliance). Environmental Health and Planning staff also recommend that the Commission schedule a status review within one year to evaluate the efficacy of the Operations and Maintenance Plan.
Outdoor Seating - The project is located in the Commercial Neighborhood (CN) zoning district. Uses allowed in the CN upon grant of a use permit include such commercial uses as retail businesses including candy, ice cream shops and retail bakeries; dry goods and variety stores; and food/meat markets (NCC § 18.32.030(A)(1) and (2).
Since restaurants and cafes are not permitted in the CN zoning district, the CN zoning does not have limits on the number of seats allowed. Food/meat market uses such as Marketplace-Under-Study which are not intended to operate as a restaurant or café in the CN may have some modest accessory level of seating for customer convenience but not to accommodate sit-down table service and patron seating by wait staff.
Instead, ‘Grab and Go” services have been allowed under the prior businesses permitted (e.g., Dean & Deluca and Gary’s Wine and Marketplace) in this location and is currently allowed under the Marketplace-Under-Study operation. “Grab and Go foods” are characterized as premade and/or prepackaged meals and snacks as an alternative way of dining in grocery stores, deli’s, bakeries, and coffee shops. In this case, the meal options provided at the Marketplace-Under-Study are of high quality and as diverse as what would be provided in a full-service restaurant. A commissary kitchen is usually required to wash, cut, and cook foods making them ready for final preparation and assembly for grab and go service. This enables the business to eliminate table service, extensive food prep and cooking, ware washing, and associated clean-up thereby reducing wastewater flows.
The Press Restaurant was also recognized by a Certificate of Legally Nonconformity (CLN) in 2003 and authorized an outdoor dining area located at the rear of the building under a Very Minor Modification in 2004. Additional storage was authorized under a CLN in 2023. Currently, the Press Restaurant is subject to wastewater flow restrictions similar to the Napa Valley Museum and the Under-Study due to the limited capacity of their existing septic system and is currently being monitored by the Environmental Health Division.
Due to the fact that the original Certificate of the Extent of Legal Nonconformity clearly expressed no seating, and that previous tenants attempted but were unable to obtain an entitlement for outdoor seating in response to Environmental Health concerns over the capacity issues associated with the existing septic system, staff at the October 2,, 2024, Commission hearing recommended adoption of the revised Condition of Approval and deferred seating for one year subject the following Condition 4.12 (c ):
“No Marketplace seating is authorized under this use permit. However, if the project’s wastewater generation is at or less than 800 gallons per day on an average daily basis for the first twelve (12) months of joint operation (reflecting a decrease in flows captured in the project’s wastewater feasibility study), the Marketplace may have outdoor seating on the patio subject to the Operations & Maintenance Plan for the wastewater system.”
On November 24, 2025, the applicant provided staff with additional information in the form of a floor plan depicting the approximate seating arrangement requested which would include 12 indoor seats indoors and 20 outdoor seats for a total of 32 seats, as well as additional information regarding the wastewater system. Staff’s willingness to support this request is based upon revised conditions of approval imposed by the Environmental Health Division and additional conditions of approval requiring the applicant to continue operation as a “Grab and Go” food service facility, implementation of the County’s Reuseable Foodware and Waste Reduction provisions, and installation of signage to keep customers off grass areas. Furthermore, staff is recommending that within 12 months of seating approval, the Commission conduct a status review of the existing wastewater system’s performance, and the proposed revised Conditions of Approval to ensure compliance and/or any modifications to conditions are warranted (Attachment B - Recommended COA No. 4.12(e)).
Public Comments - At the time this staff report was completed, no public comments have been received.
Decision Making Options:
Provided below are three decision-making options for Planning Commission consideration:
Option 1 - Approve Applicant’s Proposal as requested, subject to the revised Conditions of Approval in Attachment B. (Staff Recommendation)
Option 2 - Require the applicant to comply with the existing Conditions of Approval and complete twelve (12) months of joint operations monitoring (per COA No. 4.12 (c) imposed on October 2, 2024, as provided in Attachment D) and return to the Planning Commission in June 2026 to finalize seating arrangements.
Option 3 - Deny the request and require the applicant to comply with existing Conditions of Approval imposed by the Commission on October 2, 2024, (as provided in Attachment D).
Attachments:
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Approval Memos
C. Very Minor Modification Application Packet, Site Plan and Wastewater System Monitoring Reports
D. Napa Valley Museum Use Permit & Variance Approval Letter & Conditions
E. Graphics