TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Laura Anderson, Deputy County Counsel
SUBJECT: Duckhorn Winery Appeal - Findings of Fact
RECOMMENDATION
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Consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Appellant John Murphy on behalf of Preserve Lodi Lane concerning the Napa County Planning Commission’s decision on May 3, 2023, to approve the Duckhorn Vineyards Winery Use Permit Major Modification Application No. P19-00097-MOD and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. (No fiscal impact.)
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BACKGROUND
At the appeal hearing on August 20, 2024, the Board heard and considered evidence submitted from the Applicant, Appellant, 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) adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Project; 3) uphold the Planning Commission’s approval of the Duckhorn Vineyards Winery Use Permit No. P19-00097-MOD; and 4) approve Use Permit No. P19-00097-MOD subject to the revised Conditions of Approval.
The Board directed staff to return on November 12, 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 August 20, 2024, which was shared with Applicant and Appellant’s counsel in advance of today’s meeting. Applicant’s counsel concurs with the proposed Resolution. Appellant’s counsel had no comments. 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 August 20, 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 Duckhorn Vineyards Winery project.
Procedural Requirements:
1. Staff Report.
2. Chair invites Applicant, Appellant, 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
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Adoption of a revised 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 areas: Biological Resources and Cultural Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.