TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Charlene Gallina for Brian D. Bordona - Director Planning, Building and Environmental Services
REPORT BY: Kelli Cahill, Planner III
SUBJECT: Stewart Ranch Micro-Winery Use Permit P23-00178-UP
RECOMMENDATION
title
AILENE M PRICHETT TR/ STEWART RANCH MICRO-WINERY / USE PERMIT #P23-00178-UP
CEQA Status: Consideration and possible adoption of a Categorical Exemption pursuant to §15303 (Class 3, New Construction or Conversion of Small Structures) of the State Guidelines and under Appendix B of Napa County’s Local Procedures for Implementing CEQA (Additional Categorically Exempt Projects in Napa County), Item No. 10 - Construction and operation of small wineries, other agricultural processing facilities and farm management uses. The project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
Request: Approval of a Micro Winery Use Permit to establish a 250-gallon winery, including conversion of two existing structures with production and accessory uses, associated tours and tastings by appointment only, employees, on-premise consumption of wines, use of an existing well, four (4) 5,000-gallon water tanks for fire protection, additional septic reserve area, parking, widen the existing driveway to meet the Napa County Roads and Street Standards. The holding comprises approximately 26.99 acres, zoned Agricultural Watershed (AW) with a General Plan land use designation of Agriculture, Watershed and Open Space (AWOS), located at 2195 Golden Gate Drive near the City of Napa; following a recent lot line adjustment of which the parcel numbers have not yet change, include all of APN 043-190-013 (winery parcel) and 043-103-026 (well parcel), and a portion of APN 043-190-031 (winery parcel).
Staff Recommendation: Find the project Categorically Exempt from CEQA and approve Use Permit P23-00178-UP, as conditioned.
Staff Contact: Kelli Cahill, Planner III, (707) 265-2325; kelli.cahill@countyofnapa.org
Applicant Contact: Ailene Prichett and Paul Tarap, (707) 322-5557; ailene@oreocows.net
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Zoning Administrator:
1. Find the project to be Categorically Exempt from CEQA, as set forth in recommended Finding 1 of Attachment A; and
2. Approve Use Permit P23-00178-UP based on recommended Findings 2-6 of Attachment A, subject to recommended Conditions of Approval included in Attachment B.
Discussion:
This is the third Micro-winery to be considered by Napa County and the Zoning Administrator. On April 5, 2022, the Board of Supervisors adopted Ordinance 1474, amending Section 18.10.020 of Chapter 18.10 (Zoning Administrator); Section 18.124.130 of Chapter 18.124 (Use Permits); and added a new Section 18.08.377 to Chapter 18.08 (Definitions) of Title 18 (Zoning) of the Napa County Code regarding issuance of micro-winery use permits and modifications to use permits.
The applicant is requesting to establish a Micro-Winery Use Permit that would allow for the following: 1) establishment of a 250 gallon per year winery, 2) convert 821 square feet (sf) of an existing structure formerly used as the properties dairy storefront which will serve as the proposed tasting room, office, dry good storage (production) and combined guest/employee restroom, 3) demolish 862 sf of an existing, deteriorating garage and replace it in-kind with a fermentation building and add 360 sf crush pad and work area, 4) tours and tastings for up to 10 guests per day Monday through Sunday/70 persons per week during harvest and non-harvest seasons; 5) on-premises consumption of wines produced on-site inside the winery and outside within a 1,200 square foot patio area in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB2004-Evans Bill); 6) one (1) full-time and one (1) part-time employee including ownership during harvest and non-harvest seasons; 7) production hours between 7 a.m. and 7 p.m. Monday through Saturday and visitation hours between 10 a.m. to 6 p.m. Monday through Sunday; 8) improvements to widen the existing driveway from 12 to 22 feet in compliance with the Napa County Roads and Street Standards, 9) construction of a parking area with five (5) parking stalls, one of which will be ADA compatible; 10) additional septic reserve area, 11) installation of four (4) 5,000 gallon water tanks for fire protection on the southwest side of the proposed fermentation building with construction of a new retaining wall; and, 12) installation of a new wet draft hydrant. No crushing will occur on site. Rather, crush will occur at the Laird Family custom crush facility on Solano Avenue. Grape juice will be transported to the property where it will be discharged to tanks for fermentation and barrel aging. A minimum of 201 gallons of wine will be fermented on site in the proposed fermentation building. The project well (APN 043-103-026) is located within the Napa River Watershed and is subject to 0.3-acre feet per acre of water or no net increase.
Staff has reviewed the proposed project and supports granting approval, subject to the attached findings and recommended conditions of approval included in Attachments A and B, respectively. As Micro-wineries are conditionally permitted uses within the Agricultural Preserve (AP) and Agricultural Watershed (AW) zone districts, the winery and improvements as proposed are suitable for this location, considering the existing development and road access. The are no wineries located within 1 mile of the project site, the nearest winery is located approximately 1.4 miles away. The project is surrounded by residences to the southwest and northwest, grazing lands with cattle to the north and vineyards. Furthermore, staff finds that the proposed winery is consistent with the standards set forth by the AW zone district, the provisions of the Micro-winery regulations the Water Availability Analysis (WAA), and other provisions of the County Code.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Article 19 of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) establishes a list of classes of projects that are categorically exempt from the provisions of CEQA. The proposed project would be considered exempt under §15303 (Class 3, New Construction or Conversion of Small Structures) of the State Guidelines and under Appendix B of Napa County’s Local Procedures for Implementing CEQA (Additional Categorically Exempt Projects in Napa County), Item No. 10 - Construction and operation of small wineries, other agricultural processing facilities and farm management uses that: (a) are less than 5,000 square feet in size excluding caves; (b) will involve either no cave excavation, or excavation sufficient to create no more than 5,000 additional square feet within all of the excavated cave spoils to be used on site; (c) will produce 30,000 gallons of wine or less per year; (d) will generate less than 40 vehicle trips per day and 5 peak hour trips except on those days when marketing events are taking place; (e) will hold no more than 10 marketing events per year, each with no more than 30 attendees, except for one wine auction event with up to 100 persons in attendance; and 5) hold no temporary events. The project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner: Ailene Prichett TR, ailene@oreocows.net or (707) 322-5557
Applicant: Ailene Prichett and Paul Tarap, ailene@oreocows.net or (707) 322-5557
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Application Filed: June 23, 2023; Resubmittal Received: November 21, 2023, July 1, 2024, November 4, 2024, March 12, 2025; Application Deemed Complete: March 27, 2025
Courtesy Notice: A Courtesy Notice was mailed to all property owners within a 1,000-foot radius and interested parties on January 30, 2025, based on the revised project description.
Existing Development: 35.40 acres of vineyards, three (3) residential structures, five (5) barns, and three (3) outbuildings. All but one structure on the property today predates the Building code, which is the Horse Stable/Barn permitted in 2018.
Proposed Winery Characteristics:
Proposed Winery Building Size:
Former Dairy 821 sf (543 sf Accessory, 278 sf Production)
Garage 1222 sf Production space (862 sf within the structure, 360 sf outdoor crush pad/workspace)
2,043 sf total space (543 sf Accessory; 1,500 sf Production)
Proposed Winery Development Area: 10,463 sf
Proposed Winery Coverage Area: 22,965 sf or 0.53 acres (maximum allowed: 2 percent or approximately 26.71 acres winery parcel and 0.28-acre parcel with project well)
Proposed Production Capacity: 250 gallons produced onsite
Proposed Accessory/Production Ratio: 36 percent (maximum allowed: 40 percent); 543 sf accessory and 1,500 sf production
Proposed Number of Employees: 1 full time, 1 part time
Proposed Visitation: Hosted daily, tours and tastings by appointment for a maximum of 10 guests per day per day Monday through Sunday with a weekly maximum of 70 persons during harvest and non-harvest seasons
Proposed Days and Hours of Operation: Production hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday and Visitation hours between 10:00 a.m. and 6:00 p.m. Monday through Sunday
Proposed Parking: four (4) parking stalls, one ADA compatible
Setbacks:
Required road setbacks: 300 feet from the centerline of Golden Gate Avenue and 600 feet from State Highway 29
Required property line setbacks: 20 feet front, 20 feet side, 20 feet rear
Existing Setbacks: The nearest portion of the existing agricultural structure is approximately 323 linear feet from the centerline of Golden Gate Drive. Rear Setback: 47 feet; Side Setback: 42 feet (south property line), 24 (north property line).
Proposed Setbacks: The converted portion of the former dairy retail store for the winery tasting room and garage that will be demolished and reconstructed to winery production building would be located 345+ feet from the front property line. Rear and Side setbacks would not change. [See discussion below under Winery Setback for staff’s determination on compliance with the Winery Definition Ordinance provisions on the 300-foot public road setback and 600-foot highway setback].
Adjacent General Plan Designation / Zoning / Land Use:
North: Agricultural Watershed (AW) and General Plan land use designation Agriculture, Watershed and Open Space (AWOS), rural residential and cattle grazing
South: Agricultural Watershed (AW) and General Plan land use designation Agriculture, Watershed and Open Space (AWOS), grazing land, rural residential
East: Agricultural Watershed and Agricultural Preserve (AW and AP) and General Plan land use designation Agriculture, Watershed and Open Space and Agricultural Resource (AWOS and AR), State Highway 29, vineyard, and lands owned by the Napa County Flood Control District.
West: Agricultural Watershed (AW) and General Plan land use designation Agriculture, Watershed and Open Space (AWOS), rural residential.
Wineries in Vicinity:
There are no wineries located within one (1) mile of the project site and proposed micro winery. There nearest winery is located approximately 1.4 miles from the project site.
Parcel History:
The site has historically been operated as a cattle ranch and diary. The holding today continues to support cattle and beef operation. The site is relatively level with increase slopes on the west side, with tree coverage around the residence and barns and along western slopes. The property is served by a single well located on parcel No. 043-103-026. There is an existing septic system and leach field for on-site domestic sewage disposal. The property is accessed via Golden Gate Avenue.
Permitting history includes the following:
In 1973, Use Permit U-757273 was granted for a six (6) person rest home for the elderly. The record does not indicate how long the property operated as a rest home. The property presently has a single-family residence, guest house and several agricultural structures and garages. All existing buildings with the exception of the horse barn were constructed prior to building code. The eleven (11) stall horse barn was permitted in June 2018 under B18-00704, with construction completed August 13, 2018, as well as a final inspection of the structure. Planning permit P22-00181 is a home occupation permit issued in June 2022 for internet wine sales and associated record keeping with wine stored offsite.
More recently, with approximately 35 acres of vineyard on three separate but contiguous parcels. The parcels including 043-103-022, 043-103-021 and a portion of 043-103-027 were recently sold to the Napa County Flood Control and Water Conservation District. These parcels will be used as part of the Napa River Estuary Enhancement and Public Access Project. Through this purchase, approximately 57.8 acres of land consisting of APN Nos. 043-103-007 (access road), 043-103-021, 043-103-022, and portion of 043-103-027, in Napa County located directly east of California Highway 29 and south of South Jefferson Street just outside of Napa City limits (Refer to Attachment G) and are slated to be restored back to tidal wetlands.
Code Compliance History:
There are no records of prior code violations related to the project site.
Discussion Points:
Proposed Micro Winery - The proposed winery would be located in a portion of an existing structure with building construction limited to the rehabilitation and interior conversion for winery use, and an existing dilapidated garage that will be demolished and replaced in the same footprint that will be used for fermentation, aging, bottling and barrel storage, construction of a detached crush pad and outdoor workspace, and outdoor patio for hospitality. The majority of the site development includes the marking of parking stalls that will utilize existing disturbed areas, and an outdoor tasting area. The winery will utilize the existing driveway which will be widened from 12 to 22 feet in compliance with the Napa County Roads and Street Standards. All driveway improvements will take place within areas presently being utilized for pasture and grazing lands. Of those lands discussed above to be restored into tidal wetlands, approximately 0.28 acres (reassigned as APN 043-103-026; formerly APN 043-103-020) where the project well is located will be retained by the project applicant (Ailene Pritchett 2020 Revocable Trust). Additionally, approximately 0.40 acres will be located on APN 043-109-013 and will provide grapes for the proposed winery.
Interior and Exterior Structural Improvements - The proposed project includes the conversion of an approximately 821 square foot portion of the existing barn. The portion to be converted was used as the dairy storefront and retail space. The interior alteration of the structure would include 543 sf of accessory and 278 sf of production area, including tasting room, private office, restroom, retail space and utility/storage. The exterior alteration includes repairing a wall, replacing where needed, the aluminum doors, windows with wooden versions including double hung windows, reframe the awning using wood elements, and replacing metal roofing materials over the wood framing consistent with other structures of the same vintage on the property. All proposed work will be performed in accordance with the Secretary of Interior Standards governing rehabilitation.
A second structure currently known as the garage is not in a condition that will allow for conversion, requiring the structure to be demolished and new structure constructed in the same location of the same size which will be used for barrel storage, fermentation and aging. The garage is 862 sf in size and 360 sf outside crush pad and work area totaling 1,222 sf of production space.
Building Design - The proposed winery buildings will be designed to incorporate a wood lap siding, vertical lap metal siding, awnings with wood elements, wood framed or double hung windows, wooden doors, and a metal roof and trim. The final colors of the winery will be compatible with the Napa County authorized Color Palette and required standard condition of approval regarding limiting colors to earth tones.
Road and Access Improvements - The applicant proposes road and access improvements. These improvements include improving the driveway apron on Golden Gate Drive at the entrance to the property, driveway improvements including widening from 12 to 22 feet and parking improvements, all of which would be constructed consistent with Napa County Road and Street Standards.
Visitation and Employees - Consistent with the definition of “marketing of wine” (County Code Section 18.08.370), the applicant proposes a visitation program to include tours and tastings for up to 10 visitors per day Monday through Sunday, with a maximum of 70 persons per week during harvest and non-harvest seasons. Visitation would be by appointment only and would occur between the hours of 10:00 a.m. and 6:00 p.m., Monday-Sunday. Parking would be provided on site. The applicant has requested one full-time and one part-time employee for winery operations resulting in no more than 20 Average Daily Trips (ADT) generated by tasting room visitors, winery employees and deliveries to and/or from the winery. No marketing events are allowed to be conducted on site under the provisions of the Micro-winery regulations.
Groundwater - The applicant proposes use of an existing groundwater well located on APN 043-103-026. A second groundwater well located on winery parcel 043-190-013, is used for the residence located on a portion of APN 043-190-031 under recorded easement No. 2004-0021762. The project well presently serves residential uses, irrigation for vineyard, lawn and pasture lands. Future uses will include the proposed winery. The project well is located within the Napa Valley Subbasin and subject to the Tier 1 analysis. The project well is not located within 500 feet of a neighboring well or spring; therefore, a Tier 2 analysis is not required. The well is located within 1,500 feet of several tributaries to the Napa River considered significant streams which required a Tier 3. The following is a summary of the Tier 1 and 3 analyses:
Tier 1: The project parcel and project well parcel is located within the Napa Valley Subbasin and subject to a Tier 1 analysis. However, the Water Availability Analysis (WAA) dated January 2024, footnote no. 4- Where existing groundwater use exceeds the 0.3 acre-feet per year (ac-ft/ac), No Net Increase in Groundwater use is required (Subject to change by the GSA), and shall be demonstrated through a water demand analysis. The Revised WAA prepared by Applied Engineering, Inc. dated February 28, 2025, calculated a reduction in groundwater demand as the result of a property sale to the Napa County Flood Control District of 52.09 acres that includes approximately 35 acres of vineyard that are currently irrigated using the project well. The sale of the property will result in the removal of the vineyard and groundwater demand by approximately 66%, from 26.04 acre-feet per year (ac-ft/yr) to 8.92 ac-ft/yr as demonstrated in Table 1.
Table 1
|
Uses |
Existing (acre feet per year) |
Proposed (acre feet per year) |
|
Residential |
0.70 |
0.70 |
|
Winery |
0 |
0.18 |
|
Vineyard irrigation |
17.50 |
0.20 |
|
Lawn and Pasture irrigation |
7.84 |
7.84 |
|
Total |
26.04 |
8.92 |
Based upon these figures, the water demand would be a reduction meeting the criteria noted in Footnote 4 of the Napa County WAA Requirements; however, future development would be subject to no net increase above 8.92 ac-ft/yr of groundwater demand. The overall use exceeds 0.3 acre-feet/acre/year; therefore, as noted above, per Napa County standards, the subject property being located in the Napa Valley Subbasin is limited to a no net increase in groundwater and subject to monitoring requirements in Condition of Approvals (COAs) 4.20(d) and 6.15(a) and 9.9(b) of Attachment B.
Tier 2: There are no known wells within 500 feet of the project well and therefore a Tier 2 Analysis was not required. Furthermore, a Tier 2 is not required if the project is not proposing to increase groundwater demand.
Tier 3: 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. [2018] 26 Cal.App.5th 844, 861, 868; San Francisco Baykeeper, Inc. v. State Lands Com. [2018] 29 Cal.App.5th 562, 569.) There is no “procedural matrix” governing how an agency should consider public trust uses. (Citizens for East Shore Parks v. State Lands Com. [2011] 202 Cal.App.4th 549, 576.) 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.).
Pursuant to the Napa County Application of Public Trust Doctrine to Projects Dependent on Groundwater memorandum, dated January 10, 2024, the Water Availability Analysis (WAA) was prepared by Applied Engineering, Inc. dated February 28, 2025 to document existing and proposed groundwater demand for the proposed project taking into consideration the sale of the aforementioned parcels less 0.28 acres (APN no. 043-103-026) which will be retained by the project applicant which houses the project groundwater well. It is the intent of the Flood Control District to restore the vineyard lands and enhance the existing estuary. The WAA took into consideration the overall reduction of groundwater with the sale of irrigated vineyard totaling approximately 35 acres, and the addition of 0.40 acres planted on parcel no. 043-190-013 (winery parcel).
Based on a map provided by Napa County Flood Control District, the project wells are located with, the holding on the east side of State Highway 29, located within the historic Napa River floodplain and associated tributaries. Therefore, there is assumed connectivity to the estuary ecosystem. There would be a reduction in potential harm relative to existing conditions following sale of the 52.65 acres that includes 35 acres of irrigated vineyards that are presently irrigated with project well, reducing the overall groundwater demand by 66%.
Historical Resources - A Historic Resource Evaluation (HRE) was prepared for the project site, dated January 11, 2023 (Attachment H - An Abbreviated Version). The HRE determined the project site and individual structures, including the former storefront qualify to be listed in the California Register of Historic Resources, but are not presently listed on the local or state registers. Pursuant to CEQA, the lack of listing does not preclude determination as a historic resource or evaluation as specified under Public Resource Code Section 5024.1 and under Section 21084.1 of the California Environmental Quality Act (CEQA).
The HRE assessed the property including the dairy storefront and garage. Of the two structures, the HRE found that the former dairy storefront as an individual resource meets Criteria 3 of the California Register of Historic Resources (CRHR) for the association with Vernacular architecture, specifically dairy farming design within a period of significance with their construction dates, and aspects of integrity. The garage individually did not qualify under Criteria or integrity.
The CRHR uses four key criteria to determine the eligibility of a resources for listing. Criteria 3 evaluates the Embodiment of Distinctive Characteristics, that the resource(s) must embody the distinctive characteristics of type, period, region, or method of construction, or represent the work of a master, or possess high artistic value. The former dairy storefront meeting the criteria as distinct to the type, period and region has been taken into consideration as part of the project, including proposed alterations to the structure required to convert from a former dairy storefront to winery use. The alterations would qualify under CEQA Section 15331 that allows for the repair and rehabilitation of historic structures in a consistent manner the Secretary of Interior Standards for Rehabilitation that include alterations. Based on this commitment consistent with Condition of Approval 6.9, conversion of the former dairy storefront in a manner that preserves the integrity of the building individually, but also as part of the property as a dairy farm dating back to the early 20th century.
Sanitary Waste Disposal - A Wastewater Feasibility Study was prepared by Applied Engineering, Inc for the proposed project on May 18, 2023. The existing septic system serves the existing residential uses on the property, served by a septic tank and leach field system located north of the residence. The project proposes to ferment wine onsite only, with no barrel or tanks washing onsite; therefore, no process wastewater is proposed to be generated onsite.
Wastewater flows would be generated from employees and visitation totaling approximately 60 gallons of wastewater per day, combined with the main residence that consists of two bedrooms and a guest cottage with one bedroom. The three bedrooms equates to 150 gallons per day (gpd) for a total combined wastewater flow of 510 gpd. As there is no documentation on file for the existing septic system for the residence, the project proposes the addition of a new standard septic system to be installed which will service only the winery facility. Based on the increase in wastewater flows, the Wastewater Feasibility Study recommends a minimum 60 linear feet of trenching; however, the minimum requirements per code is 100 linear feet of additional leach line and additional reserve area that includes the existing main residence and guest cottage in addition to the winery for total area of 550 linear feet. Environmental Health Division staff has reviewed the proposed project and provided conditions of approval to ensure project consistency with state and local water and wastewater utility standards.
Production - Production of approximately 250 gallons will occur at a custom crush facility with wine moved to the property for fermentation and aging, with no less than 201 gallons on-site at any given time. An additional 3,800 gallons will be produced and fermented offsite at a custom crush facility. There will be storage of approximately 105 cases. The conversion of existing structures onsite will allow for future expansion to allow for up to 5,000 gallons of production subject to planting additional vineyard onsite upon grant of required Erosion Control Plan Application and Winery Use Permit Modification. The request would restrict the micro winery to produce only 250 gallons. These provisions do not have any limit restrictions for storing wine for aging purposes. In the future, the applicant will be able to process a subsequent application for an increase in the production of wine within two years after the approval of this micro-winery use permit (Chapter 18.08.377 (G) Micro-winery).
Greenhouse Gas Reduction Strategies - The applicant intends to implement voluntary best management practices to reduce GHG emissions resulting from implementation of the project (Attachment D). These practices include reuse of existing structures, use of recycled materials, and limit the amount of grading.
Grape Sourcing - A total of 0.33 tons of wine grapes would be required in order to produce 250 gallons of wine annually. The on-site vineyards produce an average of 0.27 tons of wine grapes per year. If at any point the applicant chooses to source wine grapes outside of Napa County the quantity will not exceed 0.06 tons or 25 percent of the total grapes.
Noise - The proposed project would result in a temporary increase in noise levels during demolition and construction activities and the intermittent increase of ambient noise resulting from wine making and visitation. However, noise generated by construction activities would be limited to daylight hours and the use of properly muffled vehicles. Ambient noise resulting from wine making and visitation would be intermittent and would only occur within the proposed operation hours of 7:00 a.m. to 7:00 p.m., and the nearest residence to the property is 580 linear feet from the winery production building. Hospitality activities would be conducted inside the winery and outside on the 1,200 square foot hospitality patio. No outdoor amplified music is proposed as part of the project.
Winery Setback from Golden Gate Drive - Section 18.104.230.A.2 (Wineries located in open space areas - setbacks; Minimum setback for wineries) of Napa County Code provides: "Wineries, or structures containing accessory uses allowed by Sections 18.16.060(G) and (H) and 18.20.030(I), which are located on parcels contiguous to any other public road or private road(s) used by the public: three hundred feet from the centerline of the road. Section 18.104.230.C states “Legally constructed structures, existing prior to the enactment of the Winery Definition Ordinance (January 23, 1990), may be exempted from the setback provisions of subsection A of this section if it is found that use of this exemption will result in a more environmentally beneficial placement of the winery. The winery may not encompass or expand beyond the legally established footprint of the structure as it existed on or about stated date. Any expansion of such structure beyond the footprint that legally existed on the above date shall comply with the setback provisions of subsection A of this section. Additional setbacks are required as the property also fronts State Highway 29 - Section 18.104.230.A.1 of Napa County Code provides: “Wineries, or structures containing accessory uses allowed by Sections 18.16.030(G) and (H) and 18.20.030(I) and (J), shall meet a six-hundred-foot setback from the centerline of any state highway, Silverado Trail, or any arterial county road. Underground portions of caves are not subject to the winery or yard setback requirements. Cave portals shall be required to meet the setback if the portal is visible from the applicable road. If the associated entry pad outside of the cave portal is used for winery functions (such as, but not limited to, placement of winery equipment, crushing, visitation, etc.), then the pad is also required to meet the winery setback requirements.”
The winery structures, and outdoor patio space will encompass the former dairy storefront and retail shop, and garage are located outside the required 300-foot setback from Golden Gate Drive, as well as the 600-foot setback from State Highway 29.
Public Comments - No public comment letters have been received as of the date of publishing this staff report.
Decision-making Options:
As noted in the introductory paragraphs of this report, staff recommends that the Zoning Administrator approve the project as proposed, subject to the findings and conditions of approval in Attachments A and B, respectively. However, staff has provided the following options for consideration by the Zoning Administrator:
Option 1: Approve the Project as Proposed (Staff Recommendation)
Disposition: Staff recommends the Zoning Administrator approve Option 1, to approve the project as proposed and allow for the establishment of a 250 gallon per year winery within an approximately 1,222 square foot garage that will be demolished and replaced in kind, and 821 square feet of a portion of the existing 3,800 square foot dairy barn, which will include 543 square feet of accessory space. The proposed winery is consistent with the standards set forth by the AW zone district and, the provisions of the Micro-winery regulations and other provisions of the County Code.
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 the time the 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 and Reduce Visitation
This Option includes approving the applicant’s proposal for the 250 gallon per year winery, with a reduction in the visitation requested by the applicant. As proposed, the winery would offer visitation for up to 10 persons per day Monday through Sunday with a weekly maximum of 70 persons during harvest and non-harvest seasons. Although this project has been determined categorically exempt from CEQA, should the Zoning Administrator determine that the intensity of the visitation plan should be reduced, the Zoning Administrator may take action to further reduce the number of daily, weekly, or yearly visitors.
Action required - Follow the proposed actions listed in the Executive Summary and amend scope and project specific conditions of approval and required conditions of approval to reduce the maximum daily visitation. If significant revisions to the conditions of approval are required, the item may be continued to allow staff adequate time to prepare the revised conditions.
Option 3: Deny the Applicant’s Proposal:
In the event that the Zoning Administrator determines that the project does not, or cannot meet the required findings for granting the Use Permit, the Zoning Administrator should identify what aspect/s 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 is not being approved.
Action required - Take tentative action to deny the project and remand the matter to staff for preparation of findings for denial and continue the item to a date specific for final action by the Zoning Administrator.
Option 4: Continuance Option:
The Zoning Administrator may continue an item to a future hearing date at its own discretion.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval
C. Categorical Exemption Determination
D. Applications Materials and Project Description
E. Water Availability Analysis
F. Wastewater Feasibility Study
G. Historic Resource Evaluation (Abbreviated)
H. Graphics