TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Kelli Cahill, Planner III
SUBJECT: William Cole Winery Appeal
RECOMMENDATION
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PUBLIC HEARING - William Cole Winery Appeal
Open and move to continue the public hearing for an appeal filed by Water Audit California (Appellant) to the Napa County Planning Commission’s decision on May 1, 2024, to approve the William Cole Winery Use Permit Modification No. P19-00101-UP and Variance P19-00441-VAR filed by William and Jane Ballentine on behalf of the William Ballentine Jr. and Jane Sorenson TR (Applicant). (No Fiscal Impact)
(APPELLANT, APPLICANT, AND STAFF REQUEST A CONTINUANCE TO OCTOBER 15, 2024, AT 2:00 PM)
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BACKGROUND
The matter before the Board involves an appeal filed by Appellant concerning the William Cole Winery and the decisions made by the Napa County Planning Commission on May 1, 2024, to: (1) adopt the Negative Declaration; (2) approve the Variance; and (3) approve the Use Permit Major Modification to recognize and approve items that are out of compliance with the permitted entitlements and for expansion beyond existing entitlements such as marketing activities, on-premises consumption of wine produced on-site, parking, conversion of an existing agricultural barn for winery use outdoor hospitality areas, and necessary infrastructure improvements and upgrades. Upon compliance with the approved entitlements to a time not less than three years from May 1, 2024, the winery may increase production, number of employees, and weekly visitation. The Variance would allow the existing winery and barn to be located less than 320 feet from Highway 29.
On May 15, 2024, a timely Notice of Intent to Appeal was filed by the Appellant, and on May 30, 2024, the Appellant submitted a timely Appeal Packet.
Pursuant to the County's appeals ordinance (Napa County Code Chapter 2.88), a public hearing on the appeal must be scheduled not less than twenty-five days nor more than ninety calendar days from submittal of an appeal. In order to satisfy the ninety-day scheduling deadline in the appeals ordinance, Staff requests that the Chair introduce the item, open the public hearing and request a motion for continuance to October 15, 2024, at 2:00 PM. Applicant, Appellant and Staff all support the continuance request.
Staff, Appellant and Applicant presentations and public testimony will not occur at the July 23, 2024 hearing; presentations and public testimony will occur at the October 15, 2024 hearing.
Documents associated with Use Permit Major Modification No. P19-00101-UP, Variance P19-00441-VAR and this appeal record (No. P24-00137-APL) are available for review in the Napa County Department of Planning, Building and Environmental Services, and at https://www.pbes.cloud/index.php/s/RbrSABQCbNxELWe
Procedural Requirements:
1. Chair invites disclosures regarding any ex-parte communications or new Levine Act disclosures if any.
2. Chair introduces and opens the public hearing.
3. Motion by a Board member, second by another Board member, and a vote by the Board to continue the hearing to October 15, 2024, at 2:00 PM.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Where is it budgeted? |
All County staff costs associated with this Appeal will be fully reimbursed by the Applicant on time a materials basis as set forth in County Fee Policy 80.037(c). |
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Is it Mandatory or Discretionary? |
Mandatory |
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Consequences if not approved: |
The Applicant and the Appellant will be unable to explore a potential resolution. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would have any potentially significant environmental impacts. The project site is not included on a list of hazardous materials sites enumerated under Government Code Section 65962.5.