TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Riley Hebb for Brian D. Bordona-Planning, Building, Environmental Services Director
REPORT BY: Riley Hebb, Permit Technician I
SUBJECT: Festival Napa Valley-Arts for All Gala - Category 4 Event
RECOMMENDATION
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Festival Napa Valley-Arts for All Gala - Category 4 Event Application #P24-00101
CEQA Status: Ministerially Exempt from the provisions of the California Environmental Quality Act (CEQA). The project site is not included in the list of hazardous materials sites complied pursuant to Government Code Section 65962.5.
Request: Approval of an application for Temporary Event License P24-00101 filed by Cori Fagundes of Festival Napa Valley to hold Festival Napa Valley-Arts for All Gala at Nickel and Nickel Winery. This is event will be held on July 14, 2024, from 5:00pm-10:00pm with a maximum of 450 people in attendance. This event will be located on 8164 State Highway 29, Napa, CA 94558, Assessor’s Parcel # 031-270-013-000.
Staff Recommendation: Find that the project is Ministerially Exempt from CEQA and approve the Temporary Event Application.
Staff Contact: Riley Hebb, Permit Technician I, (707)299-1335 or riley.hebb@countyofnapa.org
Applicant Contact: Cori Fagundes, Senior Events Manager, Festival Napa Valley, (707)342-0153 or cori@festivalnapavalley.org
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EXECUTIVE SUMMARY
That the Zoning Administrator:
1. Find that the project is Ministerially Exempt from the CEQA; and
2. Approve Temporary Event Category 4 License P24-00101.
Discussion: On April 18, 2024, Festival Napa Valley applied for a permit for a Category 4 Temporary event to be held at Nickel and Nickel Winery on July 14, 2024, for a maximum of 450 people with amplified music from 5:00pm-10:00pm. This event will be open to the public and limited by the number of tickets sold.
Unlike conditional use permits or other discretionary permits, temporary event permits are ministerial and shall be approved and issued if the minimum standards contained in the “Minimum Standards Table” of the Temporary Events Manual (the Minimum Standards) are met. Since the permit is ministerial, the purpose of the hearing is for the Zoning Administrator to evaluate and consider evidence regarding whether the applicant has demonstrated that the minimum standards have been met or will likely be met prior to the event. The Zoning Administrator cannot impose standards, conditions, or restrictions on the permit beyond what is provided in the Minimum Standards. As such, the public comment should be limited to whether the Minimum Standards have or have not been met or will likely be met before the event begins. Finally, the Zoning Administrator’s approval of the permit is limited to just the temporary event permit. Any permits, approvals or authorizations required from other agencies, departments, or divisions must be satisfied prior to the event.
Staff recommends approval of the requested permit subject to compliance with County Code Chapter 5.36 and all applicable Minimum Standards in the Temporary Events Manual prior to the concert event.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Pursuant to Napa County’s Local Procedures for Implementing the California Environmental Quality Act (CEQA) and Sections 15022 and 15268 of the State CEQA Guidelines issuance/approval of a temporary event license shall be conclusively presumed to be ministerially exempt from the requirements of CEQA and thus preparation of an environmental document is not required. The project site is not included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Property Owner: FN Land LLC
Applicant/Representative: Festival Napa Valley; Cori Fagundes, Senior Events Manager (707)342-0153
General Plan Designation: Agricultural Resource (AR)
Zoning: Agricultural Preserve (AP)
Concert Project Site Area: 34.65 acres
Application Submittal Date: April 18, 2024; Deemed Complete: May 29, 2024
Code Compliance History: There are not new violations on record with this proposed activity.
Discussion: The applicant, Festival Napa Valley, requests a license to hold the Festival Napa Valley-Arts for All Gala on July 14, 2024, at Nickel and Nickel Winery with a maximum of 450 people in attendance with amplified music. The event is open to the public and will be limited by the number of tickets sold. Hours of the event are 5:00pm-10:00pm. Per the venue site plan, ADA restrooms will be available for the public as required by the Minimum Standards.
Noise: Since temporary event permits are ministerial, applicants are not required to submit a noise study for County review. Furthermore, County Code Section 5.36.010 exempts temporary events from the County’s noise standards, provided such events are conducted pursuant to a license issued pursuant to Chapter 5.36, respectively, of this code and then only as specifically required by such chapter or any manual of standards adopted by resolution of the Board of Supervisors for the purpose of implementing such chapter.
Permit/License Process: Since the event will have a maximum of 450 attendees, under County Code Section 5.35.015.G, it is considered a Category 4 event. This will be the first Category 4 event to occur on this parcel this year.
Event Authorization: County Code Sections 5.36.050.B requires a public hearing before the Zoning Administrator prior to issuance of a Category 4 license/permit. This Category 4 event meets the definition of a “temporary event” under County Code section 5.36.010, which means “…any festival, fair, show, showcase, house or garden design tour, concert, dance, rally, parade, demonstration of competition of creative athletic form, or any other gathering or assemblage of individuals for the purpose of observing or engaging in expressive activities within the ambit of the First Amendment of the United States Constitution and Sections 2, 3, and 4 of Article 1 of the California Constitution, including, but not limited to music, dance, theater, speech, athletics, or any other visual, audio, or tactile arts, or combination thereof.”
Per County Code Section 5.36.050.B, within thirty days following receipt of a completed application, a public hearing shall be scheduled before the Zoning Administrator on the Department’s recommendation. At least ten days prior to the hearing, notice shall be given to property owners within 1,000 feet, interested persons, and mailed to the property owners and emailed to interested parties. The Notice was published in the Napa Valley Register on June 14, 2024.
The application was deemed complete per the County’s application checklist and the required Certificate of Insurance was provided. Other agencies and departments were notified of the application and have determined the application meets or will likely meet the Minimum Standards that are within those agencies and departments’ jurisdictional authority.
The applicant (and Nickel and Nickel Winery) shall be responsible for supervising all event activities, ensuring compliance with all required conditions and shall accept all risk and liability. Furthermore, the license must be displayed in close proximity to the primary entrance to the event site and be available to public inspections during all phases of the event, including cleanup.
Public Comments: As of the date this report was released, no comments have been received.
SUPPORTING DOCUMENTS
1. Attachment A - Application
2. Attachment B - Site Plan