TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director Planning, Building and Environmental Services
REPORT BY: Matt Ringel, Planner III
SUBJECT: Barnett Vineyards Winery Use Permit (P19-00125-UP), Viewshed Protection Program (P20-00121-VIEW), and Exception to the Road and Street Standards
RECOMMENDATION
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HAL AND FIONA BARNETT / BARNETT VINEYARDS WINERY / USE PERMIT P19-00125-UP, VIEWSHED P20-00121-VIEW, AND EXCEPTION TO THE ROAD AND STREET STANDARDS
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. Mitigation measures are proposed for the following area: Biological Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning December 4, 2025, and running through January 3, 2026 (State Clearinghouse No. SCH 2025120300) https://ceqasubmit.opr.ca.gov/. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
Request: The proposal is for a new Use Permit for a small winery established under a Small Winery Use Permit Exemption approved on September 12, 1988, for an existing 20,000 gallon per year winery (Permit No. 158889). This application was submitted to participate in the County’s Code Compliance Program as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018. The request is to allow the following:
The Use Permit would modify and supersede an existing winery first approved under a Small Winery Exemption permit to recognize and establish uses and activities beyond the scope allowed under the previous Small Winery Exemption. The existing winery is currently approved for 20,000 gallons per year with 7,046 sq. ft. winery facility containing a 3,276 sq. ft. type 1 production cave, 1,470 sq. ft. production building, and 2,300 sq. ft covered crush/fermentation pad with solar panels, two (2) full time employees, six (6) parking spaces, process wastewater system, and other improvements typically associated with a winery.
A. Components Necessary to Remedy Existing Violations:
Establish a new Use Permit to recognize and approve:
1) Twenty-one (21) visitors per day for by-appointment Tours and Tastings with a weekly maximum of 97 visitors. The winery was approved for zero (0) visitors per day;
2) Recognize and approve a marketing program in the form of seven (7) events per year with a maximum of 30 guests with catered food and one (1) event per year with a maximum of 250 guests with catered food. The winery was approved for zero (0) marketing events;
3) Recognize and approve five (5) full-time employees. The winery was approved for two (2) full-time employees;
4) Recognize and approve on-premises consumption of wines produced on-site on the outdoor patio, outside of the northeastern cave portal, in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5. No on-premises consumption was approved for the winery;
5) Hours of operation seven days a week: production 8:00 a.m. to 5:00 p.m., visitation 8:00 a.m. to 4:00 p.m. and marketing events 10:00 a.m. to 9:00 p.m. The winery was approved for wine production between 8:00 A.M. - 5:00 P.M. Monday through Sunday. Recognition and approval of these unpermitted activities and uses triggers the installation of a public water system; excavation of approximately 1,000 cubic yards of spoils associated with the construction of improvements to the project driveway; removal of three (3) oak trees associated with driveway improvements, and the planting of nine (9) replacement oak trees (at a 3:1 ratio) on the project parcel.
6) Approval of an Exception to the Napa County Road and Street Standards (RSS) to construct a modified driveway design that serves the same overall practical effect of the RSS.
B. Expansion Beyond Existing Entitlements:
1) Increase production capacity from 20,000 gallons per year to 30,000 gallons per year;
2) Construction of a new 1,700 square foot structure for uses accessory to a winery, including a tasting room and office, in conformance to the Viewshed Protection Program (Napa County Code Chapter 18.106) and a garbage enclosure;
3) Excavation of approximately 800 cubic yards of spoils associated with the construction of structural pads for the new accessory structure and removal of approximately 1,150 square feet of vineyard;
4) Increase the number of onsite parking spaces from six (6) to twelve (12);
5) Install a new 12,000-gallon fire protection water tank;
6) Increase visitation from 21 visitors per day (recognized above) to 30 visitors per day for by-appointment Tours and Tastings with a weekly maximum of 210 visitors (97 maximum weekly visitors recognized above);
7) Increase employment from five (5) full-time employees (recognized above) to nine (9) full-time employees;
8) Reconfigure the marketing program to allow: four (4) events per year with a maximum of 20 guests, three (3) events per year with a maximum of 60 guests, and two (2) events per year with a maximum of 100 guests. Events to include catered food. Daily tours and tastings shall not occur on days with marketing events;
9) Installation of wastewater improvements, as detailed in the Wastewater Feasibility Report prepared by Madrone Engineering, dated February 12, 2020; and
10) Landscaping, and other improvements typically associated with wineries.
The project is located on an approximately 39.96-acre site within the Agricultural Watershed (AW) zoning district with a General Plan land use designation of Agriculture, Watershed, and Open Space (AWOS) at 4070 Spring Mountain Road, St. Helena, CA 94574; APN: 020-300-047-000.
Staff Recommendation: Adopt the Initial Study/ Mitigated Negative Declaration prepared for the project and approve Use Permit No. P19-00125, Viewshed Protection Program No. P20-00121, and Exception to the Road and Street Standards, as conditioned.
Staff Contact: Matt Ringel, Planner III, Matthew.ringel@countyofnapa.org, (707) 299-1351
Applicant Contact: Hal and Fiona Barnett, 4070 Spring Mountain Road, St. Helena, CA 94574, hbarnett@barnettvineyards.com, (707) 963-3724.
Applicant Representative Contact: Rob Anglin, Holman Teague Roche Anglin, LLP, 1455 First Street, Suite 217, Napa, CA 94559, anglin@htralaw.com, (707) 927-4280.
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Initial Study/ Mitigated Negative Declaration based on recommended Findings 1-7 in Attachment A;
2. Approve the Exception to the Road and Street Standards based on recommended Findings 8-9 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
3. Approve the Viewshed Protection Program request (P20-00121-VIEW) based on recommended Findings 10-16 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
4. Approve the Use Permit request (P19-00125-UP) based on recommended Findings 17-21 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
Discussion:
The existing 7,046 square foot winery facility includes a 1,470 square foot production building, 2,300 square foot covered crush/fermentation pad, and 3.276 square foot production cave. The proposed project includes a new 1,700 square foot accessory/hospitality building area located adjacent to the existing production building, creating a 24% production to accessory ratio. The facility includes a looped driveway that circles adjacent to the proposed development area, which is proposed to be realigned to create additional parking. The project includes landscaping and design measures to blend the facility into the surrounding environment (in conformance with the Viewshed Protection Program), approximately 1,800 cubic yards of earthwork for driveway improvements and the construction of the new structure, the removal and replacement/preservation of oak trees at a 3:1 ratio, onsite parking for twelve (12) vehicles, increasing onsite employment, and the establishment of a visitation and marketing program.
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. Wineries are conditionally permitted uses within the Agricultural Watershed (AW) zoning district. The project is located within 2-miles of 13 existing wineries and is surrounded with residential homes primarily containing agricultural uses, as well as vacant land. The majority of the project’s proposed disturbance area has previously been disturbed and includes a single-family residence and Accessory Dwelling Unit (ADU). The increase in water demand from implementation of the winery would be approximately 0.34 AFY acre-feet per year (AFY), bringing the parcel’s proposed water usage to 6.584 AFY. The provided Water Availability Analysis, prepared by O’Connor Environmental, Inc. (OEI), details that the proposed 6.584 AFY water usage is within the parcel’s estimated yearly groundwater recharge total 25.1 AFY.
Based on the reasons stated above, staff recommends approval of the project, subject to the recommended Conditions of Approval.
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. Mitigation measures are proposed for the following area: Biological Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning December 4, 2025, and running through January 3, 2026 (State Clearinghouse No. SCH 2025120300) https://ceqasubmit.opr.ca.gov/. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner/Applicant: Hal and Fiona Barnett, hbarnett@barnettvineyards.com or (707) 963-3724
Representative: Rob Anglin, Holman Teague Roche Anglin, LLP, anglin@htralaw.com or (707) 927-4280
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Parcel size: 39.96-acres
Application Filed: March 27, 2019
State Clearinghouse Number: 2025120300
Existing Development: Access to the project site is located off of a private driveway, stemming from Spring Mountain Road, approximately 0.4 of a mile due north of the western boundary of the County of Napa, 0.7 miles north of the intersection of Spring Mountain Road and St. Helena Road . The project includes one (1) parcel, APN 020-300-047-000, approximately 39.96 acres in size and includes an existing driveway, single-family residence, Accessory Dwelling Unit (ADU), and winery. The project site’s access is shared with the parcel’s existing single-family residence that is located approximately 500 feet to the east and at an elevation that is higher by 30 feet. The winery is existing and the proposed expansion site is located on a developed portion of a hillside with slopes in excess of 15%. Soil types include forward silt loam, 12-57 percent slopes, Major Land Resource Area (MLRA) 15 - Central California Coastal Range. According to the County of Napa’s Environmental Mapping (GIS Vegetation layer) the northwestern portions of the property are identified as containing California Bay, Madrone, Coast Live Oak, and Black Oak Big Leaf Maple; the western portion of the property is identified as containing Douglas-fir; and the proposed project site is mapped agriculture. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. The closest off-site residences measures between approximately 680 feet to the south from the proposed winery.
Existing Winery Building Size: 1,470 sq. ft. production building, 3,200 sq. ft. covered crush/fermentation pad, and 3,276 sq. ft. production cave
Proposed Winery Building Size: 1,700 sq. ft. for uses accessory to a winery
Existing Winery Development Area: 5,085 sq. ft. or 0.12-acres
Proposed Winery Development Area: 8,315 sq. ft. or 0.19-acres
Existing Winery Coverage Area: 15,500 sq. ft. or 0.36-acres
Proposed Winery Coverage Area: 24,710 sq. ft. or 0.57-acres (maximum allowed: 25 percent or approximately 9.99-acres).
Existing Accessory/Production Ratio: 0 percent (no existing indoor tasting, only currently occurs on outdoor patio)
Proposed Accessory/Production Ratio: 24 percent (maximum allowed: 40 percent)
Existing Production Capacity: 20,000 gallons
Proposed Production Capacity: 30,000 gallons
Entitled Number of Employees: Two (2) full time
Existing Number of Employees: Five (5) full time
Proposed Number of Employees: Nine (9) full time
Entitled Visitation: 0 visitors per day
Existing Visitation: Hosted daily, tours and tasting by appointment for a maximum of twenty one (21) visitors per day with a maximum of 97 visitors per week, resulting in 5,044 visitors per year.
Proposed Visitation: Hosted daily, tours and tasting by appointment for a maximum of thirty (30) visitors per day with a maximum of 210 visitors per week, resulting in 10,920 visitors per year.
Entitled Marketing Program: 0 marketing events
Existing Marketing Program: seven (7) events per year with a maximum of 30 guests with catered food and one (1) event per year with a maximum of 250 guests with catered food. (460 yearly marketing guests)
Proposed Marketing Program: four (4) events per year with a maximum of 20 guests, three (3) events per year with a maximum of 60 guests, and two (2) events per year with a maximum of 100 guests (460 yearly marketing guests).
Phases Outlined within Conditions of Approval:
Road Improvements: Staff recommends that the Winery continue to operate at existing/recognized visitation, marketing, and employment levels until October 15, 2026. At this date, the winery shall have obtained all necessary permits and constructed driveway improvements. If the driveway improvements have not been constructed by this date, the winery shall revert operation to the original visitation, marketing, and employment levels outlined within the winery’s original Small Winery Exemption Permit (SW-158889).
Public Water System: If the total amount of individuals on the parcel exceeds 24 individuals (visitation, marketing, employment, residence, etc.) for 60 days or more per year, a Public Water System is required by the State of California. Staff recommends limiting the number of individuals on the parcel to aggregate to less than or equal to 24 individuals on the parcel per day, until a Public Water System has been constructed and is operational.
Wastewater System Improvements: The wastewater system on the parcel can effectively process wastewater for the existing/recognized uses. Staff recommends limiting the visitation, marketing, employee, and production volumes to the existing/recognized levels, until wastewater system improvements have been installed, then the winery could operate at increased levels.
Existing Days and Hours of Winery Production: 8:00 A.M. - 5:00 P.M. Monday through Sunday
Proposed Days and Hours of Winery Production: 8:00 A.M. - 5:00 P.M. Monday through Sunday
Entitled Days and Hours of Visitation and Marketing: Not entitled for visitation or marketing
Proposed Days and Hours of Visitation: 8:00 A.M. - 4:00 P.M. Monday through Sunday
Proposed Hours of Marketing Events: 10:00 A.M. - 9:00 P.M.
Existing/Entitled Parking: six (6) parking stalls
Proposed Parking: twelve (12) parking stalls, including one ADA compatible
Setbacks:
Required road setbacks: 28 feet from the centerline of the shared private driveway
Required property line setbacks: 20 feet front, side, and rear yards setbacks.
Existing Setbacks: The winery meets all required road, front, side, and rear setbacks.
Proposed Setbacks: All winery related buildings are 300 or more feet away from the centerline of the shared private driveway.
Adjacent General Plan Designation / Zoning / Land Use:
North: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District /agriculture, single-family residential, and vacant land uses
South: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agriculture and single-family residential land uses
East: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agricultural and single-family residential land uses
West: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agricultural and single-family residential land uses
Wineries in 2 Mile Vicinity:
Pride Mountain Vineyards, Ritchie Creek Vineyards, Sherwin Family Vineyards, Behren’s Family Winery, Vineyard 7 and 8, Schweiger Vineyards, Paloma Vineyards, Guilliams, Domaine Charbay Winery, Philip Vineyard, Robert Kennan Winery, 3646 SMR Vineyard, and Stoney Hill Vineyard.
Parcel History:
A Small Winery Use Permit Exemption for Barnett Vineyards Winery was approved on September 12, 1988, for a 20,000 gallon per year winery with no visitation or marketing (Permit No. 158889). The parcel includes an existing driveway, single-family residence, ADU, vineyards, and the Barnett Vineyards Winery.
Code Compliance History:
This application was submitted to participate in the County's Code Compliance Program as described in Resolution No. 2018-164. Pursuant to that Resolution, a site inspection was conducted by Code Compliance, Planning, and Environmental Health staff to identify any potential health and safety issues, as well as to review the existing use and proposed changes. Life safety issues included minor Fire and Building Code issues such as, exiting signage in buildings, keeping cave exit routes clear of obstructions, and the installation of fire extinguishers. Code Enforcement Case CE20-00070 was opened for the alleged violations outside the scope of the Use Permit. The last remaining item to be addressed is to obtain a building permit to properly bolt down fermentation tanks and to obtain the necessary special inspections. The proposed project is conditioned to apply for the necessary building permit application(s) to complete the work within 60-days of obtaining Use Permit approval.
Discussion Points:
Setting - Access to the project site is located off of a private driveway, stemming from Spring Mountain Road, approximately 0.4 of a mile due north of the western boundary of the County of Napa, 0.7 miles north of the intersection of Spring Mountain Road and St. Helena Road. The project includes one (1) parcel, approximately 39.96 acres in size and includes an existing driveway, single-family residence, ADU, and winery. The project site’s access is shared with the parcel’s existing single-family residence that is located approximately 500 feet to the east and at an elevation that is higher by 30 feet. The winery is existing and the proposed expansion site is located on a developed portion of a hillside with slopes in excess of 15%. Soil types include forward silt loam, 12-57 percent slopes, Major Land Resource Area (MLRA) 15 - Central California Coastal Range. According to the County of Napa’s Environmental Mapping (GIS Vegetation layer) the northwestern portions of the property are identified as containing California Bay, Madrone, Coast Live Oak, and Black Oak Big Leaf Maple; the western portion of the property is identified as containing Douglas-fir; and the proposed project site is mapped agriculture. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. The closest off-site residences measures between approximately 680 feet to the south from the proposed winery.
Winery Proposal - The proposed project includes bringing an existing winery, originally established under a Small Winery Exemption, under a Use Permit, recognizing the existing conditions, and proposed expansions beyond the existing conditions. The original winery, under the scope of the Small Winery Exemption, authorized a maximum production volume of 20,000 gallons per year, two (2) full-time employees, and no visitation or marketing. The winery is currently in the Code Compliance program to recognize the current conditions, which include five (5) full-time employees, 21 visitors per day, seven (7) marketing events with 30 guests, and one (1) marketing event with 250 guests. Additionally, the proposed project includes expansion beyond the current conditions to increase maximum volume to 30,000 gallons per year, increase the number of employees to a total of five (5) full time employees, increase tours and tastings to 30 visitors per day, reconfigure the marketing program, and to build a 1,700 square foot building for uses accessory to a winery (tasting room and offices). Staff’s recommended Conditions of Approval allow the winery to operate at existing/recognized conditions for approximately 9 months, then require that the winery construct driveway improvements by October 15, 2026, or revert back to the conditions originally approved under the Small Winery Exemption.
The proposed new 1,700 square foot winery building will support uses accessory to wine production, including a tasting room and offices for staff. The structure is one story tall and will include vegetative screening, to screen a minimum of 51% of the structure from view from Silverado Trail (within 5 years of obtaining final occupancy). The winery is proposing recognition of an outdoor seating area outside of the northern cave portal, used for tasting and onsite consumption of wine.
Visitation and Marketing - The applicant proposes a visitation and marketing program to include tours and tastings for up to 30 guests per day with a maximum of 210 guests per week by appointment only between the hours of 8:00 a.m. and 4:00 p.m., Monday-Sunday. The applicant also proposes recognizing a total of seven (7) marketing events per year allowing a maximum of 30 guests and one (1) marketing event per year allowing 250 guests. Beyond recognition, the applicant proposes reconfiguring the events to include four (4) marketing events per year allowing a maximum of 20 guests, three (3) events allowing a maximum of 60 guests, and two (2) events allowing a maximum of 100 guests. Under both scenarios, the total amount of annual marketing guests would remain at 460 guests. Guests for the larger event will be transported to the site via shuttle/bus. No visitation will occur on days with marketing events. The marketing events will occur between 10:00 a.m. and 9:00 p.m.
Water - A Water Availability Analysis was prepared by O’Connor Environmental, Inc. (OEI), dated June 14, 2023, with minor revisions made December 2, 2025. As directed by the County Water Availability Guidelines (May 2015) the report includes Tier 1 calculations for the existing and proposed water uses and a groundwater recharge analysis, a Tier 2 well interference analysis, and a Tier 3 surface water interference analysis.
Tier 1: The Tier 1 analysis considered existing uses onsite to include the existing single-family residence, accessory dwelling unit, residential pool, residential landscaping, existing winery, and winery landscaping irrigation. The existing groundwater usage is estimated at 6.244 acre-feet per year (AFY). The proposed project would increase groundwater use by 0.34 AFY resulting in an overall water usage of 6.584 AFY (note- this staff report rounds the water usage values to a higher decimal accuracy than the conclusions of the WAA).
Source of Demand Existing (acre-ft.) Proposed (acre-ft.) Difference (acre-ft.)
Primary Residence 0.75 0.75 0
Accessory Dwelling Unit 0.35 0.35 0
Residential Pool 0.1 0.1 0
Residential Landscaping 0.07 0.07 0
Vineyard 4.3 4.3 0
Process Water 0.43 0.65 +0.22
Domestic & Landscaping 0.10 0.15 +0.05
Employees 0.06 0.1 +0.04
Tasting Room Visitation 0.08 0.11 +0.03
Events and Marketing, with 0.004 0.004 0
onsite catering
Total 6.244 6.584 +0.34
Well 1, Well 2, and all of the approximately 40 acres of the project parcel are outside of the GSA. Napa County’s WAA procedures are dependent of the location of the project well(s) being located inside or outside of the GSA for determination of the project’s groundwater usage criteria. A parcel specific recharge calculation was prepared for this project. The groundwater recharge was estimated by reviewing the soil properties and geological materials present and their ability to percolate groundwater to the saturated zone of the aquifer. Calculation of evapotranspiration using local climate data along with soil moisture storage and precipitation is believed to provide a more accurate representation of local conditions; evapotranspiration is the largest component of the water balance. The analysis used the PRISM data aggregated from a 10-year average for precipitation in Napa County between water year 2011-12 and water year 2020-21. The project WAA estimates that the project parcel has a parcel specific recharge total of 25.1 AFY.
As a whole, the total proposed groundwater demand is 6.584 AFY, equivalent to 26% estimated annual groundwater recharge values for parcel area. The County’s standard “Ground Water Management - Wells” Condition of Approval has been included.
Tier 2: Pursuant to County’s WAA, a Tier 2 analysis is required when a neighboring off-site well is located within 500 feet of the project well or the well is located within 1,500 feet from a spring. The project wells (Well 1 and 2) are both located at a greater distance than 500 feet from a neighboring well and greater than 1,500 feet from a spring; therefore, the County’s Tier 2 requirements have been met.
Tier 3: A Tier 3 review is the County’s adopted method for complying with its duties under the Public Trust Doctrine. As discussed herein, the existing project will comply with the WAA guidance document. Per the County’s WAA, a Tier 3 analysis was performed to evaluate potential groundwater to surface water interaction.
Project Well 1 and Well 2 are 975 feet and 685 feet respectively from a designated significant stream, named Mill Creek. OEI’s WAA concludes that Well 1 and 2 are not in direct hydraulic connection with any defined significant streams because:
Well 1:
a. Project well 1 is presumed to be screened entirely within the andesitic to basaltic lava flow rocks, the Tsa unit of the Sonoma Volcanics, a fractured bedrock aquifer which is known to have a relatively low permeability.
b. Well 1 is perforated between 281 and 301 ft below ground surface and has a surface seal depth of 55 ft. The well pump rate is approximately 8 gallons per minute. The County’s WAA establishes that “Very low capacity pumping rate” category, which this well meets, has an “acceptable distance” of 500 ft to the significant stream. Well 1 is located approximately 975 ft from Mill Creek; therefore, “the groundwater/surface water criteria are presumptively met”.
Well 2:
a. Project well 2 is presumed to be screened entirely within the andesitic to basaltic lava flow rocks, the Tsa unit of the Sonoma Volcanics, a fractured bedrock aquifer which is known to have a relatively low permeability.
b. Well 2 is perforation begins at 420 ft below ground surface and has a surface seal depth of 20 ft. The well pump rate is approximately 8 gallons per minute. The County’s WAA establishes that “Very low capacity pumping rate” category, has an “acceptable distance” of 500 ft to the significant stream. Well 2 is located approximately 665 ft from Mill Creek. The “Very low capacity pumping rate” category includes a construction assumption of a surface seal at 50 ft, but Well 2 has a surface seal depth at 20 ft. OEI elaborates that due to the well’s construction on a hill above Mill Creek, the well seal screened internal lies 167 feet below the base of the closest segment of channel in Mell Creek and is within the low permeability fractured bedrock of the Sonoma Volcanics. The WAA concludes that the depth of the surface seal is not a potentially significant control on groundwater-surfacewater interaction given the topographic relationship of the well in relation to Mill Creek and the depth to groundwater.
According to OEI, the aquifers of the project wells are not directly connected to Mill Creek. The proposed project conforms to Napa County’s WAA Tier 3 guidelines. Due to these factors, the project well presumptively meets Napa County’s Tier 3 WAA guidelines for groundwater-surface water interaction. County has satisfied its duty to consider impacts to trust resources and no further analysis is required. Impacts would be less than significant.
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. ; San Francisco Baykeeper, Inc. v. State Lands Com.) There is no “procedural matrix” governing how an agency should consider public trust uses. (Citizens for East Shore Parks v. State Lands Com.) 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.). As demonstrated in the Environmental Law Foundation vs State Water Resources Control Board Third District Appellate Court Case, that arose in the context of a lawsuit over Siskiyou County’s obligation in administering groundwater well permits and management program with respect to Scott River, a navigable waterway (considered a public trust resource), the court affirmed that the public trust doctrine is relevant to extractions of groundwater that adversely impact a navigable waterway and that Counties are obligated to consider the doctrine, irrespective of the enactment of the Sustainable Groundwater Management Act (SGMA). As disclosed and assessed in the Initial Study/Mitigated Negative Declaration and the WAA, the County concludes that no harm to (or less-than-significant impacts on) public trust resources would result from the proposed project.
The project design complies with designated stream setbacks established by the Napa County Conservation Regulations and County Code Section 18.108.025.
Sanitary Waste Disposal - A Wastewater Feasibility Report, dated February 12, 2020, was prepared by Madrone Engineering (Exhibit D), which outlines the required wastewater system to meet the needs of the proposed winery production, employees, visitation, and marketing programs. The existing septic system serving the winery consists of both domestic and process septic tanks, and a pump tank to convey wastewater to an existing leach field of approximately 240 linear feet. The Division of Environmental Health has reviewed the Wastewater Feasibility Report and concurred with its findings, that the existing system is appropriately sized to support the existing/recognized conditions. To support the proposed increase in production, visitation, marketing, and employment count, the owner proposes to continue using the existing leach field for winery domestic waste only (for which it is appropriately sized), and install a new pre-treatment system for winery process wastewater. The owner will have the option of installing a system suitable for dispersing the wastewater directly into the ground via sub-surface drip lines, or a system that will treat the water to the appropriate standard for re-use of the wastewater for vineyard irrigation. All application of treated winery process wastewater must comply with the requirements of the Napa County Process Wastewater Guidelines for Surface Drip Irrigation. The facility will have to enroll for coverage under the General Waste Discharge Requirements for Winery Process Water and meet discharge standards and monitoring requirements specific to the amount of waste discharged. The Division of Environmental Health reviewed this report and concurred with its findings, conditioned that the plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health. Ongoing water quality monitoring will be required. Additionally, water quality would be maintained through standard stormwater quality treatment control measures and compliance with Engineering Division Conditions of Approval.
Greenhouse Gas Reduction Strategies - The applicant intends to implement a number of greenhouse gas reduction strategies including the generation of on-site renewable energy, exceeding Title 24 energy efficiency standards with new construction, the installation of water efficient fixtures; designing new construction to achieve low-impact development (incorporated into the draining design); use of efficient lighting; installation of water efficient landscaping; recycling 75% of all waste, solar hot water heating; installation of electrical vehicle charging stations; designing the structure to limit the amount of grading and tree removal; and installation of an Energy Star roof. Additionally, the proposed winery will educate staff and visitor on sustainable practices, such as turning off lights after leaving the room and keeping heating/cooling thermostats at consistent temperatures to reduce energy usage.
Grape Sourcing - The proposed winery will have a maximum production of 30,000 gallons of wine. The 8.6 acres of on-site vineyards will provide a source for grapes for wine production. The applicant has signed the County’s 75 Percent Grape Source Agreement.
Noise - The proposed project would result in a temporary increase in noise levels during grading and construction activities and the intermittent increase of ambient noise resulting from wine making and visitation. However, noise generated during by construction activities would be limited to daylight hours and the use of properly muffled vehicles. Outdoor amplified music is not proposed.
Biology - The proposed winery facility includes the construction of a new 1,700 sq. ft. tasting room and office, the construction of a garbage enclosure, improvements to the site’s driveway to meet commercial standards, and the expansion of onsite parking. The proposed new development is in areas that have previously been disturbed with ornamental landscaping and vineyards. The project site is approximately 1990 feet above mean sea level (amsl). The proposed winery tasting room and office is to be located on a portion of an existing driveway and vineyard row, with an average slope of approximately 22%. The proposed trash enclosure is proposed atop an existing vineyard.
According to the Napa County Environmental resource maps (based on the following GIS layer - Natural Diversity Database (CNDDB) and CNDDB owl habitat) the project site is within a boundary known for spotted owl habitat. As noted above, new construction is limited to disturbed areas on site. The existing winery was originally approved as a Small Winery Exemption in 1988, and the project does not include any building demolition. The proposed project includes the removal of three (3) oak trees, three (3) fir trees, two (2) madrone trees, and approximately 14 ornamental olive trees. All trees proposed for removal are within 10 feet of the winery’s existing driveway. The general attributes of Northern Spotted Owl (NSO) habitat include dense, multi-layered canopy of several tree species of varying size and ages with open spaces among the lower branches to allow flight under the canopy. NSO habitat also tends to include abundant logs, snags/cavity trees with broken tops or platform-like substrates. The three oak trees, fir trees, and olive trees are directly adjacent to the project driveway and provide low quality and highly disturbed habitat due to regular driveway vehicle traffic. Out of an abundance of caution and in order to mitigate any potentially significant impacts to owls, Mitigation Measure BIO-1 requires Northern Spotted Owl surveys prior to any on site vegetation removal.
While the proposed tree removal is located next to the project driveway, with low quality and highly disturbed habitat due to regular vehicle traffic, migratory birds and raptors have the potential to nest within the woodlands adjacent to the project area. Tree removal along the periphery of the project site to accommodate improvements to the project driveway and intermittent increases in noise levels due to project construction may cause nest abandonment and death of young or loss of reproductive potential at active nests located near project activities, resulting in potentially significant indirect and cumulative impacts to special-status bird species. Out of an abundance of caution, Mitigation Measure BIO-2 will require preconstruction surveys for nesting birds to reduce this impact to less than significant level. Due to proposed tree removal, and out of an abundance of caution, in order to mitigate any potentially significant impacts to bat species, Mitigation Measure BIO-3 requires a bat habitat assessment and surveys prior to any on site vegetation removal.
No other sensitive species have been identified. Based on the limited location of site improvements and minor modifications to winery operations, it is unlikely that the proposed project would have a substantial adverse effect on any candidate, sensitive or special status species, or that it would have a substantial adverse effect on sensitive natural communities. Due to the aforementioned factors, the proposed project would have a less than significant impact on any candidate, sensitive or special status species, or would have a substantial adverse effect on sensitive natural communities.
Based on the property zoning of Agricultural Watershed (AW) the project is subject to the vegetation canopy cover retention and removal mitigation requirements pursuant to the Conservation Regulations Napa County Code Section 18.108.020. This section requires 70% retention of the vegetation canopy cover on the parcel (or contiguous parcels under common ownership), and that any vegetation canopy cover removed as part of the project be mitigated at a 3:1 ratio (by acreage) via preservation or restoration, and permanently preserved through deed restriction or other means acceptable to the County.
The vegetation canopy cover subject to NCC 18.108.020 includes the oak woodland and coniferous forest vegetation communities. Three (3) oak trees, three (3) fir trees, two (2) madrone trees are considered for removal and conversion to road improvement. As proposed, the project would plant nine (9) new oak trees, resulting in over 100% retention compared to the 2016 condition. This is compliant with NCC Section 18.108.020(C). The proposed removal of three (3) oak trees and replanting of nine (9) oak trees complies with 3:1 replacement or preservation ratio found in NCC Section 18.108.020(D). In addition to the vegetation canopy cover analysis, the oak woodland removal is subject to General Plan Policy CON-24, which requires preservation or replacement of lost oak woodlands at a 2:1 ratio. The proposed planting nine (9) oak trees to account for the three (3) oak trees being removed, meets the General Plan Policy requirement.
Cultural - On August 25, 2025, 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. No comments were received and the consultation period closed on September 24, 2025. No request for consultation were received, and more than 30 days had elapsed since the County’s consultation invitation was provided; therefore, the consultation period closed on September 24, 2025.
Access Improvements/Transportation - An Exception to the Napa County Road and Street Standards (“NCRSS”) is requested for improvements to the driveway and the driveway entrance to accommodate environmental, physical, and legal constraints that present challenging obstacles to the installation of a fully compliant road. NCRSS requires a 22 ft minimum width for commercial access roads. The exception will preserve unique features of the natural environment which includes, but is not limited to, natural water courses, steep slopes, geological features, heritage oak trees, or other trees of at least 6” dbh and found by the decision-maker to be of significant importance, but does not include man-made environmental features such as vineyards, rock walls, ornamental or decorative landscaping, fences or the lake.
The existing driveway in this area serves only the subject parcel, and currently consists of 9’ to 10’ of pavement width with a dirt shoulder. As part of this project, the shoulder will be widened with gravel for a total driveable width of 14 feet and two turnouts will be constructed. Current NCRSS require the road to be 20’ paved width, with 1’ shoulders on each side; however, widening the road as required in this area would require complete driveway reconstruction, either with a large cut embankment or a large fill retaining wall. The existing slopes on either side of the road are steeper than 50%, in the form of a steep dropoff on the downhill side and a steep existing cut on the uphill side.
An exception is requested for the existing driveway width at this location for the existence of physical site limitations including existing steep slopes, natural water courses, and large native trees. This portion of the driveway is nearly straight with good sight distance and two turnouts will be constructed. Signage will be added at each end of each section of driveway stating “Single-Lane Road Next 400 Feet”. Additionally, a new 12,000-gallon water tank will be constructed and connected to a new hydrant at the winery site. Finally, the area around the winery buildings will be cleared of vegetation in accordance with the Napa County Defensible Space Guidelines, resulting in a driveway that provides the following characteristics: Access for emergency wildland fire equipment, safe civilian evacuation, signing that avoids delays in emergency equipment response; available and accessible water to effectively attack wildfire or defend a structure from wildfire, and fuel modification sufficient for civilian and fire fighter safety.
As proposed the project would not conflict with any plans, ordinances or policies addressing the circulation system. Existing pedestrian and transit facilities serving the site are limited, though given the rural location of the project site and anticipated demand for these modes, this is considered an acceptable condition. The project has been conditioned by the Napa County Public Works Department. County Fire and Engineering divisions have reviewed the proposed plans for access and circulation and found them to be in compliance with the Napa County Road and Street Standards.
Based on maximum employee and visitor/guest data for the harvest/crush season, the proposed project would be expected to generate 54 daily trips on a weekday and 53 daily trips on a Saturday. Since operational and visitor trips associated with the project are below the 110-trip threshold in the Office of Planning and Research guidelines and the County’s TIS Guidelines and VMT screening criteria the project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Impacts would be less than significant.
The winery project was analyzed to determine whether the proposed parking supply would be sufficient for the anticipated daily demand during harvest conditions. The project site, as proposed, would have a total of twelve (12) parking spaces (with one designated for ADA drivers). Visitors to the Winery will be by appointment only. On a busy day, the 30 visitors (11 daily vehicles) will arrive in a staggered arrangement so that there should never be more than three or four guest vehicles at the site at anytime. Occasionally, visitors will arrive in a higher-occupancy vehicle such as an SUV, minivan or smaller shuttle bus. The nine (9) employees per day would then occupy the remaining spaces. The winery owner lives in the existing single family residence on the project parcel, reducing the required parking for employees. The project is designed to meet the Napa County Road and Street Standards, to conform to the latest emergency access requirements, and the existing road system would continue to provide adequate emergency access to the project site. When larger marketing events are held, guests will be brought to the site via bus; furthermore, reducing the proposed project’s need for additional parking.
Viewshed Protection Program - Napa County Code Chapter 18.106 establishes:
18.106.030(A): Applicability-New and Expanded Structures. No building permit, erosion control plan for structural development, grading or other administrative permit shall be issued by any county staff, agency or department for any new structure or improvement to an existing structure if the structure is located on a slope of fifteen percent or more as defined in Section 18.106.020 or if the structure is located on any minor or major ridgeline as defined in Section 18.106.020 except as specifically provided for herein. The ordinance applies to all new structures located on slopes of fifteen percent or more or located on a minor or major ridgeline
The proposed accessory structure is located on slopes greater than 15% and would be visible from Silverado Trail, a designated Viewshed Road; therefore, is subject to the Viewshed Protection Program. The Viewshed Protection Program, includes different review paths depending on project specific and site-specific factors. The applicant has requested review under NCC Section 18.106.050 - Processing of projects subject to review and approval by the zoning administrator or commission. The project’s conformance to the Viewshed Protection Program’s required findings has been detailed within Attachment A.
Public Comments - At the time of staff report preparation, one public comment has been received that raises concerns regarding traffic increases, water usage, and fire safety.
Decision Making Options Regarding Remedying Existing Winery Violations:
As noted in the Executive Summary Section above, staff is recommending approval of the components of the project necessary to remedy existing violations with conditions of approval as described in Option 1 below. Decision-making options also include a no project alternative and a reduced project alternative.
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This option would result in approval of existing visitation, employee levels, installation of a public water system, and the installation of driveway improvements. Additionally, this option would bring the production and operation of the winery under a Use Permit, opposed to the existing Small Winery Exemption permit.
Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request.
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.
Option 2 - Reduced Project Request
Disposition - This option would require that the applicant reduce their existing maximum daily visitation numbers, employment numbers, marketing events, and/or the hours of operation. The existing visitation requested for recognition is above the annual visitation average and median values of by appointment and Pre-WDO wineries of similar production capacity. The marketing program requested for recognition is below the average and median values of marketing program visitation for by appointment and Pre-WDO wineries of similar capacity. The recognition of visitation and/or an increased employee count would require driveway upgrades. A public water system would be required if visitation and the employee county is equal or greater than 25 visitors per day for more than 60 days per year.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and project specific conditions of approval to reduce the maximum daily visitation and/or number of marketing events and required conditions of approval. The item will need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 3 - Deny Applicant’s Proposal
Disposition - This option would deny the applicant’s proposal to remedy existing violations and would require the applicant to operate the winery in compliance with the existing entitlements under the Small Winery Certificate of Exemption. This option would result in the need for unpermitted employees to be laid off, and ceasing all visitation and marketing events. In the event the Planning Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit, the Planning Commission should identify what aspect, or aspects, of the project are in conflict with the required findings. State Law requires the Planning Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action Required - Planning Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Planning Commission on a specific date.
Option 4 - Continuance Option
The Planning Commission may continue an item to a future hearing date at its own discretion.
Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:
Staff recommends approval of the applicant's proposal as described in Option 1 below.
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This option would result in approval of an increase in number of employees, increased daily and weekly visitation, reconfiguration of marketing events beyond their approved entitlements.
County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no traffic, groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
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.
Option 2 - Revised Project Request
Disposition - This option allows the Planning Commission to reduce all or some components of the requested expansion to visitation, marketing, employees, and on-premise outdoor consumption tasting area of wines produced at the winery. The visitation requested for expansion is above the annual visitation average and median values of by appointment and Pre-WDO wineries of similar production capacity. The marketing program (which is a reconfiguration) is below the average and median values of marketing program visitation for by appointment and Pre-WDO wineries of similar capacity. If the Planning Commission elects to pursue this option, the recommended Conditions of Approval would need to reflect the revised visitation, marketing, and employee numbers.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable Conditions of Approval to reduce the existing operations. The item may need to be continued to a future date if significant revisions to the recommended Conditions of Approval are desired.
Option 3 - Deny the Applicant’s Proposal
Disposition - This option would deny the applicant’s proposal to expand winery visitation, marketing, employment levels, and physical improvements beyond what was approved and necessary to remedy existing violations. This option would result in no expansion beyond existing levels.
In the event the Planning Commission determines that the project does not or cannot meet the required findings for issuance of a Use Permit, the Commission should identify what aspect, or aspects, of the project are in conflict with the required findings. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action Required - Planning Commission deny the project.
Option 4 - Continuance Option
The Planning Commission may continue an item to a future hearing date at its own discretion.
Supporting Documents
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Approval Memos
C. Initial Study/Mitigated Negative Declaration
D. 1986 Small Winery Exemption Permit
E. Use Permit Application/Project Description
F. Road and Street Standards Exemption Request
G. Water Availability Analysis
H. Stormwater Control Plan
I. Public Water System Feasibility Report
J. Wastewater Feasibility Report
K. Winery Comparison Chart
L. Graphics
M. Public Comment