TO: Napa County Planning Commission
FROM: Brian D. Bordona - Planning, Building & Environmental Services Director
REPORT BY: Curtis Sawyer - Planner II
SUBJECT: 6110 Silverado Trail; Wildfoote Tentative Parcel Map Application P23-00076
RECOMMENDATION
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SHAFER VINEYARDS, LLC / 6110 SILVERADO TRAIL/ WILDFOOTE TENTATIVE PARCEL MAP APPLICATION #P23-00076
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. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: Approval of a Tentative Parcel Map to subdivide an existing 126.8-acre parcel into two parcels: Parcel 1 (85.8 acres) and Parcel 2 (41 acres). No immediate development is proposed for the newly created parcels. However, foreseeable future development is anticipated to include single-family residences, accessory structures, access roads, and supporting infrastructure.
Staff Recommendations: Adopt the Mitigated Negative Declaration and approve the Tentative Parcel Map as conditioned.
Staff Contact: Curtis Sawyer, Planner II, (707) 299-1361, or curtis.sawyer@countyofnapa.org
Applicant Contact: John Webb at (707) 963-1217 or email jwebb@albionsurveys.com
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, based on Findings 1-5 of Attachment A; and
2. Approve Tentative Parcel Map No. P23-00076, based on Finding 6-11 of Attachment A, and subject to the recommended Conditions of Approval (Attachment B).
Discussion:
The applicant requests approval of a Tentative Parcel Map to allow the division of an existing 126.8-acre parcel into two parcels: Parcel 1 (85.8 acres) and Parcel 2 (41 acres). There is no immediate development proposed on the resulting new parcel. Foreseeable future development on the resulting new undeveloped parcel is expected to be single-family residential structures, associated accessory buildings, access roads, and infrastructure. Staff recommends adoption of the project’s Mitigated Negative Declaration and approval of the project subject to the recommended conditions of approval and final agency approval memos. Staff believes all required findings can be made in support of this land division and recommends approval of the proposed Tentative Parcel Map.
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 potentially significant environmental impacts after implementation of Mitigation Measures. Mitigation Measures are proposed for the following area: Biological Resources. The project site is not on any of the lists of hazardous waste sites enumerated under Government Code §65962.5.
BACKGROUND AND DISCUSSION
Owner/Applicant: Shafer Vineyards, LLC / Matthew Sharp; Phone (707) 944-2877 or email msharp@shafervineyards.com
Representative: Jon Webb, 1113 Hunt Ave, St. Helena, CA. 94574; Phone (707) 963-1217 or email jwebb@albionsurveys.com
Zoning: Agricultural Preserve and Agricultural Watershed (AP & AW)
General Plan Designation: Agricultural Resource (AR)
Filed: April 3, 2023; Resubmittal Received: April 17, 2024, October 9, 2024; Deemed Complete: December 24, 2024
Existing Parcel Size: 126.8-acres
Proposed Parcel Sizes: Parcel one (1) 85.8-acres and Parcel two (2) 41-acres.
Existing Development: The property is currently developed with a residence, guest house, septic system, swimming pool, water holding tank, several wells, a 5-acre-foot reservoir for frost protection and 22-acres of vineyards. The subject property is under a Conservation Easement with the Napa County Land Trust, Deed 1995-013125, NCR. The conservation easement allows for subdivision of the property into two (2) parcels as proposed and dictates the location of the building site for Proposed Parcel One, limitations on development of the property, and limits removal of woodland outside of proposed residential building site to no more than five (5) acres. Furthermore, the General Plan Designation for the property is Agricultural Resource and per the Napa County General Plan Land Use Element, Policy AG/LU-114 and Table AG/LU-B, the minimum parcel size for the parcel is 40-acres.
Adjacent General Plan Designation/ Zoning / Land Use:
North
General Plan Designation: AWOS (Agriculture, Watershed and Open Space)
Zoning: AW (Agricultural Watershed)
Land use: Agricultural operations and single-family residential
East
General Plan Designation: AWOS (Agriculture, Watershed and Open Space)
Zoning: AP (Agricultural Preserve)
Land use: Agricultural operations and single-family residential
South
General Plan Designation: AWOS (Agriculture, Watershed and Open Space)
Zoning: AW (Agricultural Watershed)
Land use: Agricultural operations and single-family residential
West
General Plan Designation: AR (Agricultural Resource)
Zoning: AP (Agricultural Preserve)
Land use: Agricultural operations and single-family residential
Parcel History:
The parcel has historically supported both residential and agricultural uses. The County approved the original building permits for the existing single-family residence in 1970. Over time, the County also approved vineyard development across various portions of the parcel, including the northern, southern, eastern, and western areas.
In addition to these uses, the parcel holds entitlements for a winery, approved under Use Permit No. P02-285-UP. Subsequent approvals include a minor modification to the use permit (P05-0200-UP) and a variance application (#02284-VAR), both of which were approved on June 13, 2005. Although the winery has not yet been constructed, the County has determined that the use permit remains valid pursuant to Napa County Code Section 18.124.080(C).
Napa County Code Section 18.124.080(C) allows a use permit to be considered "used" if, prior to its expiration, sufficient expenditures or liabilities have been incurred for improvements equivalent to the cost of constructing a foundation, wastewater or sewage disposal system, bridge, cave, or similar facility required by the permit.
On August 7, 2006, County staff determined that more than $164,480.00 had been expended on winery-related consultants and permits necessary to satisfy conditions of approval. Based on this determination, the County concluded that the permit had been "used" in accordance with the requirements of Section 18.124.080(C).
Code Compliance History: There are no open or pending code violations on the parcel. The County is not aware of any compliance issues on the property and no complaints have been filed.
Discussion Points:
Setting: The property to be subdivided measures approximately 126.8-acres and is located on the east side of Silverado Trail approximately six (6) miles north of the City of Napa and 2 miles south of Yountville Cross Road. Natural lands identified in the biological reconnaissance survey and study include oak woodland, annual grassland, and waterways such as ephemeral streams. Valleys surrounding the study area have been developed with approximately 22-acres of vineyards. Portions of the property have been developed including a residence and guest house, barns and associated agricultural infrastructure, and paved and graded roads. Soils within the property consist of the Boomer, Bale, Bressa-Dibble, Boomer-Forward-Felta, Clear Lake and Perkins soil associations. The topography consists of flat to steep hills and elevation ranges from 120 to 480 feet above mean sea level. Oak woodland is the predominant vegetation type within the study area. Vegetation alliances associated with this natural community include: California bay-madrone-coast live oak- (black oak big-leaf maple) alliance, coast live oak alliance, coast live oak-blue oak-(foothill pine) alliance, coast live oak alliance, mixed oak alliance, and valley oak-(California bay-coast live oak-walnut-ash) riparian forest alliance. Uses surrounding the property are those compatible with allowable uses found within the AW and AP zoning districts, such as vineyards, wineries, and single-family homes.
Project Proposal: The applicant requests approval of a Tentative Parcel Map (TPM) to allow the division of an existing 126.8-acre parcel into two (2) parcels: Parcel one (1) 85.8-acres and Parcel two (2) 41-acres. There are no immediate future developments proposed on the resulting new parcel. Foreseeable future development on the resulting new parcel is expected to be single-family residential structures, associated accessory buildings, access road, and infrastructure.
General Plan Consistency: The parcel to be subdivided includes zoning designations of AP and AW. Staff has reviewed the General Plan and applicable zoning regulations and found the project to be consistent. The project is a land division, whose resulting parcels will measure 85.8-acres and 41-acres. The General Plan Designation for the property is Agricultural Resource and per the Napa County General Plan Land Use Element, Policy AG/LU-21, Policy AG/LU-114 and Table AG/LU-B, the minimum parcel size for the parcel is 40-acres. Thus, despite the project parcel containing both AW and AP zoning designations which have different minimum lot size requirements, the subject application and division of land is consistent with the Napa County General Plan.
The TPM provides building envelopes for future single-family residential development. This maintains the project’s compliance with General Plan policy AG/LU-12 and AG/LU-26, which prohibits new non-agricultural use in agricultural areas, except in the case of single-family residences on vacant legal parcels. The TPM has been designed to space out the building envelopes and avoid existing intermittent stream courses. Based on all these considerations, Staff believes that the project offers consistency with General Plan policies CON-1, CON-2, CON-3, CON-4, CON-10, CON-19. These General Plan policies direct the County to preserve land, maintain and enhance biodiversity, protect wildlife, fisheries and their habitats.
Biological Resources: As part of the application for this Tentative Parcel Map, and due to the largely undisturbed condition of major portions of the property, the applicant completed a Biological Resource Assessment in compliance with Napa County Guidelines (ESA, Biological Resources Reconnaissance Report, Shafer Vineyards, Napa County, California, February 2024). To identify which special-status plant and animal species could potentially occur on or near the site, a review of the California Natural Diversity Database (CNDDB) and the California Native Plant Society (CNPS) database was conducted.
The assessment concluded that none of the ten potentially occurring special-status plant species were observed during the January 2024 reconnaissance survey. Similarly, no special-status wildlife species were observed during the site visit. However, suitable habitat was identified for various sensitive species, including western pond turtle, Swainson’s hawk, white-tailed kite, bald eagle, nesting birds, roosting bats, and special-status plant species. Additionally, oak woodland habitat and sensitive riparian vegetation alliances are present on-site.
Because of the presence of suitable habitat and the potential for future development activities on the newly created parcels to impact these resources, five mitigation measures have been recommended for adoption as part of the Mitigated Negative Declaration to reduce impacts to biological resources to a less-than-significant level:
• BIO-1: Special Status Plants
Requires floristic surveys during the appropriate blooming season prior to ground disturbance. If special-status plants are found, impacts must be avoided or mitigated at a 3:1 ratio through restoration or habitat compensation measures approved by the California Department of Fish and Wildlife (CDFW).
• BIO-2: Special-Status Animals
Requires a qualified biologist to conduct surveys within 48 hours of construction or site disturbance. If special-status animal species are discovered, consultation with CDFW is required and avoidance/minimization measures must be implemented.
• BIO-3: Nesting Birds and Raptors
Requires nesting bird surveys to be conducted during the breeding season (February 1-August 31). If active nests are identified, appropriate no-disturbance buffers must be established and maintained until the young have fledged or the nest is deemed inactive.
• BIO-4: Roosting Bats
Requires a qualified biologist to assess tree removal impacts on potential bat roosting habitat at least 30-90 days before disturbance. If suitable habitat is present, special two-step tree removal procedures or other avoidance methods must be implemented under CDFW guidance.
• BIO-5: Sensitive Natural Communities
Requires evaluation of potential impacts to oak woodland habitat. If removal or permanent impacts are proposed, mitigation must occur at a minimum 2:1 ratio, with restoration conducted on-site where feasible, monitored for a minimum of five years.
Implementation and enforcement of these mitigation measures will be verified through the County’s Mitigation Monitoring and Reporting Program (MMRP), included as Attachment F. With the incorporation of these measures, impacts to biological resources would be less than significant.
Further detail on the biological assessment can be found in Attachments E and F.
Cultural Resources: According to Napa County Environmental Resource Mapping (Historic Sites Layer - Historic Sites: Lines), two known historic resources are located near the subject property. The first resource is Stags’ Leap Winery, situated east of the subject property. Over the years, the winery has undergone evaluations by historians who have deemed it to hold significant historical value. Key historical elements of the winery include buildings, a stone bridge, a stone foundation, stone walls, roads, pathways, and ornamental landscaping features. The subject property shares the same access road as Stags’ Leap Winery, which directly connects to Silverado Trail to the west. Historic evaluations have determined that both the winery and the access road are historically significant and eligible for listing in the California Register of Historic Resources. The access road itself includes several historic features, such as stone walls, a stone bridge, the original alignment and grade scale from Silverado Trail, and ornamental landscaping elements. However, this project will not cause a substantial adverse change to the significance of these identified historic resources since no physical construction is proposed. Any future discretionary project will be required to conduct appropriate analysis and mitigation if there is potential to impact known historical resources.
Greenhouse Gas Emissions: Though this project proposes no new development, as discussed in the project’s Mitigated Negative Declaration, it is foreseeable that it could result in the future development of single-family residential structures, associated accessory buildings, access roads, and infrastructure. One time “Construction Emissions” associated with a future project such as a single-family home may include: emissions associated with the energy used to develop and prepare the project area, construction, and construction equipment and worker vehicle trips (hereinafter referred to as Equipment Emissions). These emissions also include underground carbon stocks (or Soil carbon) associated with any existing vegetation that may be removed. As previously stated, this project is a division of land.
As discussed in the Air Quality section of this Initial Study, in 2010, the BAAQMD adopted and later incorporated into its 2011 CEQA Guidelines project screening criteria (Table 3-1 - Criteria Air Pollutants and Precursors & GHG Screening Level Sizes) and thresholds of significance for air pollutants, including GHG emissions, which have now been updated by BAAQMD through May 2017. The future potential development of one (1) new single-family residence, one (1) accessory (second) dwelling unit, and one (1) guest cottage that may foreseeably occur on the parcels resulting from the land division were compared to the BAAQMD’s GHG screening criteria of 56 dwelling units. The project was determined to be well below the 1,100 MT of CO2e/yr GHG threshold of significance.
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending approval of Tentative Parcel Map P23-00076 with conditions of approval as described in Option one (1) below. Decision making options also include a no project alternative and a continuance option.
Option 1 - Applicant's Proposal (Staff Recommendation)
Disposition - This option would result in approval of a Tentative Parcel Map (P23- 00076-TPM). Staff recommends this option as the request is consistent with the Zoning Ordinance, the Subdivision Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A).
Action Required - Follow the proposed action listed in Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at time motion is made. This option has been analyzed for its environmental impacts, which were found to be less than significant.
Option 2 - Deny Proposed Project
Disposition - In the event the Commission determines that the project does not or cannot meet the required findings for the granting of the Tentative Parcel Map, Commissioners should articulate 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 Tentative Parcel Map is not being approved.
Action Required - Commission would articulate the basis for denial and make a motion to deny the project based upon the Commission's statements.
Option 3 - Continuance Option
The 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 Memos
C. General Plan Consistency Analysis
D. Tentative Parcel Map Application
E Initial Study & Mitigated Negative Declaration
F. Biological Resources Reconnaissance Report
G. Graphics