TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Trevor Hawkes - Supervising Planner
REPORT BY: Trevor Hawkes - Supervising Planner
SUBJECT: Parable Winery Minor Modification and Variance #P23-00230 & P23-00231
RECOMMENDATION
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FTM INVESTMENTS, L.P. c/o TREY EPPRIGHT / PARABLE WINERY / USE PERMIT MINOR MODIFICATION AND VARIANCE (P19-00230-MM & P23-00231-VAR)
CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures (or MM’s). MM’s are proposed for the following area(s): Biological Resources, Land Use and Planning, and Tribal Cultural Resources. 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 Minor Modification to a 20,000 gallon per year Pre-WDO winery destroyed by wildfire, to allow the following: 1) Construction of a new 12,051 sq. ft. winery facility replacing the previous 7,464 sq. ft. facility lost to fire. Improvements include the new winery facility, which will consist of 9,137 sq. ft. of production space and 2,914 sq. ft. of accessory space, a 50,000 gallon fire water storage tank, a 30,000 gallon treated pre-wastewater storage tank, a 5,000 gallon domestic water tank, bio-retention facilities, landscaping, driveways, an entry gate and other winery improvements; 2) Conversion of the existing cave to a Type III Cave (Tasting Room and Guided Tours); 3) Installation of a new winery recycled process wastewater system; 4) Installation of a new winery domestic wastewater system; 5) Increase onsite parking spaces from 13 to 15; 6) Change the traffic direction of the existing looped driveway to flow west to east; 7) Installation of a Left-Turn lane on Silverado Trail at the Project entrance; 8) Increase in annual permitted wine production from 20,000 gallons to 30,000 gallons; 9) Increase employment from three (3) full-time employees to four (4) full-time employees and two (2) part-time employees; 10) Establish Tours and Tastings by appointment only for a total of 30 visitors per day and a maximum of 210 visitors per week; 11) Establish a Marketing Program allowing 10 marketing events with total visitation not to exceed 12 vehicle trips and one (1) marketing event with total visitation not to exceed 20 vehicle trips; and 12) Addition of On-Premise consumption activities in conformity with AB 2004 (Evans Bill) within the patio area directly adjacent to the south cave portal. A Variance application (P23-00231) is also requested to allow the new winery within approximately 250 feet from the center line of Silverado Trail. Napa County code requires a 600-foot winery setback from Silverado Trail (N.C.C. § 18.104.230.A.1). The project would be built out over two (2) phases in order to maintain Average Daily Trips to the winery below 28 and not initially trigger the need to construct a Left-Turn Lane on Silverado Trail until phase two (2) is constructed. Phasing will be conditioned in the project’s Conditions of Approval. The project site is located on the Napa Valley Floor, approximately 0.3 miles north of the intersection of Silverado Trail and Dutch Henry Canyon Road. 4300 Silverado Trail, Calistoga, CA 94515. APN 020-120-028 (10.3- acre parcel).
Staff Recommendation: Adopt the Mitigated Negative Declaration and grant the Use Permit Minor Modification and Variance, as conditioned.
Staff Contact: Trevor Hawkes, Supervising Planner; phone number (707) 253-4388; email address: trevor.hawkes@countyofnapa.org
Applicant: Trey Eppright, 3215 Steck Avenue, Suite 101, Austin, TX 78757, email address: trey@captexdev.com
Representative: Joshua Devore. Tom Adams, DP&F, 1500 First Street, Suite 200, Napa, CA 94559; phone number (707) 761-7000, email address: jdevore@dpf-law.com, tadams@dpf-law.com
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Zoning Administrator:
1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) based on Findings 1 - 7 of Attachment A;
2. Approve Variance Application No. P23-00231-VAR, based on Findings 8 - 11 in Attachment A; and
3. Approve Use Permit Minor Modification Application No. P23-00230-MM, based on Findings 12 - 16 of Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
DISCUSSION:
The applicant requests approval of a Use Permit Minor Modification to an existing 20,000 gallon a year pre-WDO winery (Dutch Henry) which was completely destroyed by the 2020 Glass Fire. This minor modification would allow construction of new production and hospitality facilities, construction of new process and domestic wastewater systems, increases in parking, a change in the traffic direction for the internal loop driveway, the installation of a left-turn lane on Silverado Trail, a 10,000 gallon increase in annual wine production, establishment of by appointment tours and tastings, establishment of a marketing program and the addition of on-premise consumption activities in conformity with AB 2004.
Based on trip generation numbers from the increase in employment and the establishment of by-appointment tours and tastings and a marketing event program the proposed project would trigger the need to install a southbound left-turn lane on Silverado Trail at the project entrance (southern driveway). The applicant has proposed to phase certain operational aspects of the minor modification request to maintain total project trips below the warrant to build a left-turn lane until such time as the applicant can install the left-turn lane. The specified operational aspects of the project will be conditioned such that they cannot be implemented until the left-turn lane is installed.
Prior to the 2020 Glass Fire, Dutch Henry’s winery building existed within the County’s 600-foot winery setback, approximately 180 feet from the centerline of Silverado Trail. The applicant has submitted a request for variance from NCC 18.104.230(A)(1), which requires a 600-foot setback for winery buildings from Silverado Trail, for the proposed new production building, hospitality buildings and tanks. The closest structure (phase 1 tasting room) will be no more than 265 feet from the centerline of Silverado Trail. The variance is requested due to the overwhelming impact of the 600-foot winery setback, which encumbers nearly all of the developable portions of the property, with steep slopes covering the areas outside the setbacks along the rear property line.
Staff has reviewed the proposal and found it to be consistent with the Zoning Ordinance and applicable General Plan policies. Additionally, Staff believes that the required Findings to approve a Variance can be made. Conditions of Approval related to groundwater, traffic, and wastewater will prevent the project from creating any significant environmental impacts. Adoption of the project’s Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program will also reduce potential impacts to Biological Resources, Land Use and Planning Resources, and Tribal Cultural Resources to a less than significant impact. Staff believes that the necessary findings for the project can be made and recommends approval of the Use Permit Minor Modification request as proposed and subject to conditions, approval of the Variance, and adoption of the Mitigated Negative Declaration.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures (or MM’s). MM’s are proposed for the following area(s): Biological Resources, Land Use and Planning, and Tribal Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Applicant: Trey Eppright, 3215 Steck Avenue, Suite 101, Austin, TX 78757, email address: trey@captexdev.com
Representative: Joshua Devore. Tom Adams, DP&F, 1500 First Street, Suite 200, Napa, CA 94559; phone number (707) 761-7000, email address: jdevore@dpf-law.com, tadams@dpf-law.com
Parcel Size: 10.3 acres
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Application Filed: August 7, 2023; Resubmittal (1): December 18, 2023; Resubmittal (2): August 14, 2024.
Application Complete: September 13, 2024
Existing Development: There is an existing single-family residence and winery cave. A winery facility existed on the Property until it was destroyed by the 2020 Glass Fire.
Winery Characteristics:
Winery Size (Approved): 5,898 sq. ft.
Winery Size (Proposed, Phase 1): 10,594 sq. ft.
Winery Size (Proposed, Phase 2): 12,051 sq. ft.
Accessory to Production Ratio (Approved): Not designated
Accessory to Production Ratio (Proposed, Phase 1): 1,457 sq. ft. (15%)
Accessory to Production Ratio (Proposed, Phase 2): 2,914 sq. ft. (31%)
Production Capacity (Approved): 20,000 gpy pre-WDO entitlement.
Production Capacity (Proposed): 30,000 gpy of which 20,000 gpy will be a pre-WDO entitlement.
Winery Coverage (Approved): 28,919 sq. ft. (.66 acres) = 6.4% of project parcel.
Winery Coverage (Proposed, Phase 1): 43,876 sq. ft. (1.01 acres) = 9.8% of project parcel (Maximum 25% allowed).
Winery Coverage (Proposed, Phase 2): 46,750 sq. ft. (1.07 acres) = 10.4% of project parcel
Number of winery employees (approved): No formal recognition of employee numbers in existing Use Permit.
Number of winery employees (proposed, Phase 1): Two (2) full-time employees and one (1) part-time employee
Number of winery employees (proposed, Phase 2): Three (3) full-time employees, two (2) part-time employees and one (1) seasonal harvest employee.
Wine Production Day and Hours of Operation (approved, excluding harvest): Monday - Friday from 8:00 a.m. - 5:00 p.m.
Wine Production Day and Hours of Operation (proposed, excluding harvest): Monday - Sunday from 8:00 a.m. - 6:00 p.m.
Tours and Tastings Visitors (approved): No public visitation.
Tour and Tastings Visitors (proposed, Phase 1): 30 visitors per day non-harvest, 28 visitors per day during harvest but no more than three (3) visitor vehicles per day, Monday - Sunday from 10:00 a.m. to 6:00 p.m.
Tour and Tastings Visitors (proposed, Phase 2): 30 visitors per day non-harvest, 28 visitors per day during harvest, Monday - Sunday from 10:00 a.m. to 6:00 p.m.
Marketing Program (approved): No existing approved marketing program
Marketing Program (proposed, Phase 1): Ten (10) events per year with a maximum of 30 guests not to exceed 12 vehicles per event.
Marketing Program (proposed, Phase 2): Ten (10) events per year with a maximum of 30 guests not to exceed 12 vehicles per event, one (1) event per year with a maximum of 50 guests not to exceed 20 vehicles per event.
Hospitality Days and Hours of Operation (approved): N/A
Hospitality Days and Hours of Operation (proposed): Tours and Tastings: Daily 10:00 A.M. - 6:00 P.M. Marketing Events: 10:00 A.M. - 11:00 P.M. with quiet cleanup until 12:00 A.M.
Parking (approved): 13
Parking (proposed): 15
Adjacent General Plan Designations / Zoning Districts / Land Uses:
North: Agriculture, Watershed and Open Space (AWOS) / Agricultural Watershed (AW) / Open space
East: Agricultural Resource (AR) / AW and Agricultural Preserve (AP) / Open space, vineyards
South: AR / AP / Vineyards
West: AWOS & AR / AW / Open space
Wineries within One Mile of Project Site: Hourglass Winery, Davis Estates
Property History: On January 18, 1984, the Napa County Conservation, Development and Planning Commission approved Use Permit #U-278384 to establish a 20,000 gallon per year 2,600 sq. ft. winery at the project parcel. Use Permit #U-278384 also entitled a minimum of 13 parking spaces, a restriction on picnicking, and tasting and related activities required to be conducted inside the winery. Operating hours were set for 8am to 5pm, Monday through Friday. Additionally, the Commission denied the applicant’s request for public tours and tastings.
On December 15, 2004, Use Permit Modification P04-0338 and Variance P04-0339 were approved by the Napa County Conservation, Development and Planning Commission permitting the construction of a 2,400 sq. ft. winery cave for barrel storage and allow one cave portal to encroach 480 feet into the required 600-foot setback for Silverado Trail.
On November 26, 2007, Use Permit Minor Modification P07-00557 was approved by the Director of Conservation, Development and Planning. This modification allowed for a relocation of the previously approved cave and cave portal and an expansion of the cave area from 2,600 sq. ft. to 4,500 sq. ft.
The winery facility and much of its infrastructure was destroyed in the 2020 Glass Fire.
Existing Characteristics: The project site is located on the Napa Valley Floor, approximately .3 miles north of the intersection of Silverado Trail and Dutch Henry Canyon Road.
The project parcel is approximately 10.3 acres in size. Access to the project is achieved from a driveway accessed from Silverado Trail. Where the project parcel immediately abuts Silverado Trail, the terrain is generally flat, with slopes between zero (0) and 15 percent in the previous and proposed development areas. The terrain rises sharply in the northeastern corner of the project parcel, where slopes between 30 and 50 percent are achieved. The lowest elevation on the parcel is approximately 330 feet amsl while the highest elevation on the project parcel is approximately 500 feet amsl. State of California, Department of Conservation Farmland Mapping and Monitoring Program designates the vineyards on the parcel as ‘prime farmland’ while the remainder of the parcel is designated as ‘Other land’. Napa County Environmental Resource Map (GIS layer; vegetation) designates the vineyard area as agriculture, while the remainder of the parcel beyond the loop road designated as Oak Woodland with a small segment of Urban/Built up where the parcel abuts a neighboring parcel owned by Upper Valley Disposal & Recycling Service (APN 020-120-011). The project parcel contains two main soil types; Hambright rock-Outcrop complex, 30 to 75 percent slopes in the western half of the project parcel and perkins gravelly loam, one (1) to 10 percent slopes in the eastern half. A blue line stream runs along the western boundary of the project parcel, although it is not identified as a significant stream for under the Napa County Groundwater Sustainability Plan. The entire parcel is within the Very High Fire Hazard Severity Zone for the State Responsibility Area.
There is an existing single-family residence on the project parcel. The winery cave is still intact after the 2020 Glass Fire. Land uses in the area are dominated by large lot residential properties, wineries, vineyards and Open Space. The closest residence to the proposed winery is approximately 1,500 feet to the northeast.
Compliance History: There are no active code violations at this project site.
Discussion Points:
Existing Setting: The project parcel is approximately 10.3 acres in size. Access to the project is achieved from a driveway accessed from Silverado Trail. Where the project parcel immediately abuts Silverado Trail, the terrain is generally flat, with slopes between zero (0) and 15 percent in the previous and proposed development areas. The terrain rises sharply in the northeastern corner of the project parcel, where slopes between 30 and 50 percent are achieved. The lowest elevation on the parcel is approximately 330 feet amsl while the highest elevation on the project parcel is approximately 500 feet amsl. State of California, Department of Conservation Farmland Mapping and Monitoring Program designates the vineyards on the parcel as ‘prime farmland’ while the remainder of the parcel is designated as ‘Other land’. Napa County Environmental Resource Map (GIS layer; vegetation) designates the vineyard area as agriculture, while the remainder of the parcel beyond the loop road designated as Oak Woodland with a small segment of Urban/Built up where the parcel abuts a neighboring parcel owned by Upper Valley Disposal & Recycling Service (APN 020-120-011). The project parcel contains two main soil types; Hambright rock-Outcrop complex, 30 to 75 percent slopes in the western half of the project parcel and perkins gravelly loam, one (1) to 10 percent slopes in the eastern half. A blue line stream runs along the western boundary of the project parcel, although it is not identified as a significant stream for under the Napa County Groundwater Sustainability Plan. The entire parcel is within the Very High Fire Hazard Severity Zone for the State Responsibility Area.
There is an existing single-family residence on the project parcel. The winery cave is still intact after the 2020 Glass Fire. Land uses in the area are dominated by large lot residential properties, wineries, vineyards and Open Space. The closest residence to the proposed winery is approximately 1,500 feet to the northeast.
Visiting/Marketing Program: Dutch Henry’s original Pre-WDO Use Permit, U-278384, did not include allowances for visitation or marketing events. The applicant’s proposed Minor Modification would include establishing by appointment tours and tastings as well as a marketing program at the winery. Daily by appointment tours and tastings would be established at 30 visitors per day during non-harvest and 28 per day during harvest from the hours of 10:00 a.m. to 6:00 p.m. By appointment tours and tastings is requested by the applicant to be included as a phased operational condition on the winery, where the winery would maintain average daily trips below 40 ADT, the maximum ADT before the County’s Road and Street Standards trigger a left-turn lane warrant at the project entrance. While the left-turn lane installation is deferred to a later date, by-appointment tours and tastings are required to utilize no more than three (3) visitor vehicles per day to the winery. When combined with calculated ADT for other trip producers on the project parcel such as employment (which is also included as a phased operational condition), winery truck trips and the existing onsite residential structure, the combined ADT from the submitted winery trip estimation sheet demonstrates that the project would stay under 40 ADT. Allowing no more than three (3) visitor vehicles per day until the left-turn lane is installed has been included as a condition of approval on the project.
The applicant requests to also establish a marketing program under this minor modification. Two different types of marketing events are requested. Annually the applicant requests 10 smaller marketing events with no more than 30 guests. Like by appointment tours and tastings, smaller events are proposed to not exceed utilizing more than 12 visitor vehicles per event in order to maintain ADT for the event below 24 for the event. One larger event is also requested per year with no more than 50 guests not to exceed 20 visitor vehicles. Large events are requested as part of the phased operational conditions and would not commence until the left-turn lane has been built. Marketing event hours are proposed for between 10:00 a.m. and 11:00 p.m. with quiet cleanup until midnight.
Traffic: Trip generation for the full extent of the project would trigger the need for the Left-Turn Lane (LTL) from Silverado Trail at the project driveway. The applicant has decided to separate operational characteristics into phases, allowing under phase one (1) no more than three (3) vehicles for visitation to enter the property per day. Under phase 1 the proposed project would generate fewer than the maximum ADT before an LTL is triggered at the project driveway. The Department of Public Works has reviewed their proposal and agreed with the methodology, conditioning the project to monitor their ADT in their Traffic Demand Management and Monitoring Plan during phase 1 of the proposed project and maintaining it under 28 ADT per day. If the project is approved, the permit will be further conditioned to ensure that there is no increase in the hospitality operations such that the amount of visitation vehicles allowed to access the property daily would exceed 28 ADT, until the LTL is constructed. The project has been reviewed by the Engineering and Fire divisions and approved as conditioned.
Groundwater: The project seeks to rebuild a winery on a parcel where a previous winery was lost to fire. Some existing infrastructure still exists from the previous winery, including three groundwater wells. Well #1 is used for the winery and domestic water supply, and well #2 is currently unused and planned to be abandoned. Well #3 has been used for vineyard irrigation in the past but is currently unused.
The parcel is bisected by the boundaries of the GSA Subbasin, and project wells are located outside of the GSA. Normally a project would need to provide an analysis demonstrating the amount of the project parcel that falls within the GSA and the amount of parcel that falls outside of the GSA, providing a parcel specific recharge analysis for the percent of project parcel outside the GSA boundary. The remainder area would be subject to the .3 acre feet per acre per year groundwater criteria of the GSP. The sum of these two areas would constitute the maximum groundwater recharge for the project. The project applicant has provided an analysis that utilizes the GSP criteria for the full area of the parcel in this case, and calculates the maximum groundwater recharge rate at 3.087 af/yr (based on a project parcel size of 10.3 acres). However, the applicant has also calculated that groundwater use will decrease under the proposed project from existing entitlements. Despite the increase in operation levels for the winery (wine production, employment, visitation and marketing events), this is achieved through the inclusion of a recycled process wastewater system utilized for a reduction in groundwater used for vineyard irrigation. Because the project would reduce groundwater use compared to the entitled conditions the project is expected to not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. The applicant’s analysis of existing and proposed groundwater use for the project is shown below.
|
Usage Types |
Existing Usage (af/yr) |
Proposed Usage (af/yr) |
|
Irrigation - Well |
0.815 |
0.815 |
|
Irrigation - Recycled Process Wastewater |
0 |
-.0.446 |
|
Landscaping |
0.1 |
0.19 |
|
Existing Residence |
0.5 |
0.5 |
|
Process Water |
0.430 |
0.552 |
|
Domestic Water |
.036 |
.169 |
|
Totals |
1.881 |
1.78 |
The project will include the County’s project specific Condition of Approval setting a limitation on groundwater use for the parcel to 1.78 af/yr and requiring well monitoring. The condition would also include the potential to modify/alter permitted uses on site should groundwater resources become insufficient to supply the use.
Wastewater: The prior winery’s process wastewater system was damaged in the 2020 Glass Fire. The applicant proposes to replace the damaged system with a new recycled process wastewater system which would supplement vineyard irrigation. Previously a domestic wastewater system served both the destroyed winery and the existing residence. The existing domestic wastewater system will continue to serve the house onsite and a new domestic wastewater septic field system will be installed for the new winery. A Winery Wastewater Feasibility Report (RSA+, October 2024) was submitted to the Napa County Environmental Health division, who has concurred with the report and approved the project as conditioned.
Biological: The applicant proposes to develop a 12,051 sq. ft. winery facility on a 10.3-acre parcel in Napa County’s Agricultural Watershed zoning district. A winery (Dutch Henry) previously existed on the parcel, with a looped driveway, a wine cave, water tanks, associated infrastructure, approximately 1.88-acre vineyard block and a residence. The winery facility was located between the looped driveway and Silverado Trail, adjacent to the vineyard block. The winery, much of its infrastructure and the vegetation on the parcel was destroyed in the 2020 Glass Fire, although the residence and wine cave survived.
According to Napa County Environmental Resource Maps (GIS; Vegetation layer) all land between the looped driveway and Silverado Trail, the existing residence, an olive orchard, cave portal and areas where the existing water tanks reside, is designated as agricultural land. Much of the remainder of the parcel, and primarily where the development of the new winery facility is located is designated as oak woodland. There is a small strip of land, where the western boundary of the project parcel abuts another parcel owned by Upper Valley Disposal Holding, Inc., that is designated as Urban/Built Up. Civil Plans submitted for the application indicate that approximately 35 trees will be removed from the site to build the project, 22 of these trees are identified as live or blue oak. A blue line stream runs north to south along the western edge of the project parcel. The California Natural Diversity Database (CNDDB) has no records of candidate, sensitive, or special status species on the parcel, although there are several records of occurrence within approximately one mile of the project parcel including Cobb Mountain Lupine, Calistoga popcornflower, Townsend’s big-eared bat, pallid bat and foothill yellow-legged frog. Site visits by County Planning Staff identified existing vegetation on the site and aerial photographs from prior to the 2020 Glass Fire indicate that vegetation canopy cover was once denser in the areas of proposed development.
The project proposes vegetation clearing and grading to clear areas for driveways, building pads, parking pads, and walkways. Considering the above the project would have the potential to impact candidate, special or sensitive plant and animal species that may be in the area during these activities. Removal of existing standing trees could also have the potential to impact nesting birds in the area. To reduce potentially direct and indirect significant impacts on candidate, special or sensitive plant or animal species to a less-than-significant level, three (3) Biological Resource mitigation measures have been proposed in the project’s Mitigated Negative Declaration.
Although the project proposes to develop the new winery facility adjacent to the existing developed driveway and much of the vegetation on the project parcel was destroyed in the 2020 Glass Fire, there is a chance that grading and vegetation removal to develop the project would remove oak woodland habitat. Oak woodland habitat would be considered sensitive habitat by the California Department of Fish and Wildlife and in the Napa County General Plan Conservation Element. Removal of oak woodland habitat without replacement or preservation could potentially cause a significant impact. Napa County General Plan policy CON-24C requires the County to maintain and improve oak woodland, preserving to the extent feasible oak trees and other significant vegetation and providing for replacement or preservation of like habitat in the event a project would remove oak woodland habitat. For this reason, the project is conditioned with mitigation measure BIO-4, which requires prior to permit issuance for the permittee to submit, and received approval for, an oak woodland restoration and preservation plan by the CDFW. The plan will delineate whether and to what extent oak woodland habitat is impacted by the project, demonstrate the permittee’s ability to comply with Napa County General Plan policy CON-24, including identifying areas for replacement or preservation of like habitat and providing a plan for the maintaining and monitoring of replacement habitat should it be necessary.
The project parcel has an Agricultural Watershed zoning designation and is subject to Napa County’s Water Quality and Tree Preservation Ordinance (WQTPO; Ordinance #1438). Under Ordinance 1438, for earthmoving activities within the AW zoning district, a minimum of 70 percent of vegetation canopy cover as configured on a particular date shall be maintained. Removal of any vegetation canopy cover shall also be mitigated by permanent replacement or preservation of comparable vegetation canopy cover, on an acreage basis at a minimum 3:1 ratio. The ordinance includes a list of priority locations for replacement or preservation in Napa County Code 18.108.020.D.
The previous Dutch Henry Winery and most of the vegetation on the parcel was destroyed in the 2020 Glass Fire. Many fire-damaged trees that remained on the parcel have been cut down and removed. Page two (2) of the applicant’s Civil Plans demonstrate that approximately nine (9) existing standing trees and 26 tree stumps would be removed to develop the project. Some of these 35 trees constitute ornamental olive trees, but, according to the plans, a number of these trees are also Live Oaks and Blue Oaks.
Although the property was damaged in the 2020 Glass Fire and much of the canopy cover that would have been removed by the project is not existing at this time, the project is still subject to the Vegetation Retention and Removal Mitigation of the WQTPO because removal depends on how the canopy cover was configured on the parcel at a prior date. For fire-damaged properties that date is June 19, 2018 (NCC 8.80.130.B). A project that does not maintain a minimum of 70 percent of the vegetation canopy cover for the parcel as it was configured on that date and does not mitigate any of that removal with permanent replacement or preservation of comparable vegetation canopy cover would be in violation of the WQTPO. Napa County aerial mapping from 2018 shows the parcel heavily vegetated compared to existing conditions. Considering that the winery coverage is nine (9) percent of the total parcel area, and much of this coverage is existing driveway area, it would appear that the project as currently configured would not violate the 70 percent retention requirement. However, replacement and preservation for what is removed would still be required. For this reason the project has been conditioned with BIO-5, which requires, prior to the issuance of any grading or building permits associated with the Use Permit minor modification, the permittee to submit to the Director of Planning, Building and Environmental Services a plan detailing how much vegetation canopy cover, as configured on the parcel on June 19, 2028, would be removed by the proposed project, and provides a plan to replace and/or preserve vegetation canopy cover under the requirements of NCC 18.108.020.D.
Tribal Cultural Resources: On September 27, 2024, County Staff sent invitations to consult on the proposed project to Native American tribes who had a cultural interest in the area and who as of that date had requested to be invited to consult on projects, in accordance with the requirements of Public Resources Code section 21080.3.1. The Middletown Rancheria responded by email to Staff on the morning of October 1, 2024, notifying staff that they had determined this project was within Middletown Rancheria’s Area of Concern (AOC) and requesting an opportunity to enter consultation with Staff. A virtual consultation meeting with Middletown Rancheria Staff was held later that afternoon. Tribal representatives requested project documents from Staff, such as the proposed Site Plan, as well as a summary of the proposed project. The meeting concluded with Middletown Rancheria representatives informing staff of their concerns with the potential upset of tribal culture resources due to the proximity to a blue line stream during grading of the project and requesting that a tribal monitor be onsite. A requirement that the permittee contact and include a tribal monitor from the Middletown Rancheria onsite during grading or any earth disturbing activities has been included as mitigation measures (see TCR-1 through TCR-5).
Variance: The property borders Silverado Trail, which is subject to a 600-foot setback for winery uses. The original winery predated that setback and was located less than 180 feet from Silverado Trail. While County Code allows for expansion of winery structures that pre-existed the setback so long as the expansion is no closer to Silverado Trail, the prior winery was destroyed. As such, while the replacement structures are still further from Silverado Trail - and indeed, as far as possible given the topography, the project calls for new structures less than 600 feet from the road, and thus a variance is required. Given the shape of the parcel and its frontage on Silverado Trail, nearly the entire parcel, and essentially all its developable area, is within the 600’ setback.
Applicant requests reduction of the setback for the winery building, both hospitality buildings and the three (3) tanks. All structures have different distances to the centerline of Silverado Trail with the closest (phase 1 tasting room) being 265 feet from the centerline of Silverado Trail.
The property already has an existing variance (P04-0339) approved with similar findings to those proposed in the Variance Application. The existing cave portal was originally approved to be only 120 feet from Silverado Trail. It was ultimately built further back under P07-00557 with no additional variance, approximately 260’ from the center of Silverado Trail. The proposed project keeps approximately the same minimum setback to the existing cave portal.
The alternative to the variance request would be to rebuild the winery where it was - much closer to Silverado Trail than is now proposed. Instead, the proposed location increases the distance from Silverado Trail. The proposal pushes the buildings back toward the steep slopes, without interfering with the stream setback and avoiding unnecessary grading for the winery building. Due to the shape of the parcel, while the tasting room building is located as close to the cave entrances as possible, at the edge of the steep slopes, it will still be approximately 259 feet from the center of Silverado Trail. The Winery building will be approximately 40 feet further back due to the angle of the slopes and property line, while providing screening for the water tanks behind, and leaving required space for the domestic dispersal and reserve septic areas. (See Sheet UP5.0.) Due to the well setback and stream location, it is not possible to place the dispersal field further west, and as such the proposed layout is the practical design given the unique shape of the parcel.
Public Comments: At the time of publication of this Staff Report no public comments have been received.
Decision-Making Options:
As noted in the Executive Summary Section above, staff is recommending approval of the project and the variance request with conditions of approval as described in Option 1 below. Decision making options also include a reduced project alternative, a no project alternative and a continuance option.
Upon consideration of additional public comment and close of the public hearing, the Commission may take one of the following actions:
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This option would result in approval of the proposed modifications to the winery and allow an increase in 10,000 gallons per year of production with phased operational increases. Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies. With implementation of the project’s Conditions of Approval the project would not increase groundwater extraction above the fair share allotment for the parcel or cause impacts to transportation facilities. Adoption of the project’s Mitigated Negative Declaration and Mitigation and Monitoring Report would prevent significant impacts to Biological Resources, Land Use and Planning and Tribal Cultural Resources.
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.
Option 2: Modify the Applicant’s Proposal
Discussion - This option would result in modification to the winery’s requested by appointment visitation, marketing events and/or wine production levels to address concerns of the Zoning Administrator 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 require a reduction in requested operational conditions. This option would have proportionately fewer environmental impacts, since groundwater extraction and wastewater generation would be reduced and would result in less traffic trips 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, item will need to be continued to a future date.
Option 3: Deny the Requested Use Permit
Discussion - As a result of this action, the winery would continue to operate under its currently permitted production levels. The winery would gain no by-appointment visitation or marketing event entitlements. Denial of the project would also result in no new winery facilities being developed, but the applicant would be able to develop winery structures in the footprints of what was destroyed by the 2020 Glass Fire. In the event the Zoning Administrator determines that the project with conditions does not or cannot meet the required findings for granting of a Use Permit Minor Modification the Zoning Administrator should clearly articulate what aspect or aspects of the project are in conflict with the required findings. State law requires the Zoning Administrator to adopt findings, based on the General Plan and County Code, setting forth why the proposed use permit exception is not being approved.
Action Required - Zoning Administrator would adopt a tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Zoning Administrator at a future hearing date.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date, at its discretion.
SUPPORTING DOCUMENTS
A - Recommended Findings
B - Recommended Conditions of Approval and Final Agency Approval Memos
C - Mitigated Negative Declaration
D - Minor Modification & Variance Applications
E - Project Description
F - Focused Vehicle Collision and Left-Turn Lane Requirement Analysis
G - Water Availability Analysis
H - Water Feasibility Report
I - Wastewater Feasibility Report
J - Stormwater Control Plan
K - Graphics