TO: Board of Supervisors
FROM: Sheryl D. Bratton, County Counsel
REPORT BY: Laura Anderson, Deputy County Counsel
SUBJECT: Rutherford Ranch Winery - Findings of Fact
RECOMMENDATION
title
Consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Water Audit California (Appellant) concerning the Napa County Planning Commission's decision on June 21, 2023, to approve the Rutherford Ranch Winery Use Permit Major Modification No. P19-00126-MOD and Use Permit Exception to the Conservation Regulations P23-00145 submitted by Marko B. and Theo Zaninovich, Round Hill Cellars (Applicant or Rutherford Ranch) for an existing winery located at 1680 Silverado Trail South, St. Helena, CA. (No Fiscal Impact; Mandatory)
body
BACKGROUND
At the appeal hearing on February 6, 2024, the Board heard and considered evidence submitted from the Appellant, Applicant, Staff, and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to: 1) deny the appeal in its entirety; 2) uphold the Planning Commission’s approval of the Rutherford Ranch Winery Use Permit Major Modification No. P19-00126-MOD and Use Permit Exception to the Conservation Regulations No. P23-00145 and adoption of a Negative Declaration; and 3) adopt revised conditions of approval.
The revised conditions of approval (attached as Exhibit “A”): a) impose additional restrictions on groundwater use, including the reduction of the groundwater use limit/quantity, the installation and operation of the well pump flow restrictor or equivalent equipment, a limit to the well pumping rate, and no increase to the existing well pumping duration and frequency; b) extend the submittal date for the work plan for the removal of existing improvements and the restoration plan; c) extend the deadline for completing the removal and restoration work; d) extend the deadline to complete the outstanding items under Code Enforcement case CE19-00124 and to get a building permit for the pump house permitted to be retained; e) require the Applicant conduct pre-construction surveys for Swainson’s Hawk, per the CDFW Letter (dated June 14, 2023); and f) update various deadlines because of the Appeal.
The Board directed staff to return on March 26, 2024, with a Resolution of Findings of Fact and Decision on Appeal. Staff has prepared a proposed Resolution that reflects the Board’s intent as expressed on February 6, 2024, which was shared with Appellant’s and Applicant’s respective counsel in advance of today’s meeting. Counsel for Water Audit California (WAC) and Applicant both provided comments and edits on the proposed Resolution and conditions of approval. Some but not all of their edits were incorporated into the final version before the Board. The public hearing is closed. Public comment is limited to whether or not the proposed Resolution accurately reflects the Board’s intent as expressed on February 6, 2024. Staff believes the Resolution accurately reflects the Board’s intent and recommends that the Board adopt the Resolution. The Board’s action results in approval of the Rutherford Ranch Winery project.
Procedural Requirements:
1. Staff Report.
2. Chair invites Appellant, the Applicant and interested parties to comment on proposed findings. Comments are limited to whether the Resolution accurately reflects the Board’s tentative action.
3. Motion, second, discussion and vote on the Resolution.
FISCAL & STRATEGIC PLAN IMPACT
|
Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Readoption of Negative Declaration prepared (January 2019) (State Clearinghouse No. 2023050520). According to the proposed Negative Declaration, the proposed Project would not have any potentially significant environmental impacts The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.