TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Kelli Cahill, Planner III - (707) 265-2325
SUBJECT: The Winery at Mount Veeder Use Permit No. P22-00248-UP, Exception to the Conservation Regulations No. P25-00088-UP, and Exception to the Napa County Roads and Street Standards
RECOMMENDATION
title
P&M VINEYARDS HOLDINGS LLC / THE WINERY AT MOUNT VEEDER/ USE PERMIT APPLICATION #P22-00248-UP, EXCEPTION TO THE CONSERVATION REGULATIONS #P25-00088-UP AND EXCEPTION TO THE NAPA COUNTY ROADS AND STREET STANDARDS
CEQA STATUS: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation and Reporting Program (MMRP). According to the proposed Revised 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/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning May 1, 2025, and running through June 2, 2025 (State Clearinghouse No. SCH 2025041466) https://ceqasubmit.opr.ca.gov/. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
REQUEST: The request is to establish a new 25,000 gallon winery, including the construction of a new cave and hospitality facility with production and accessory uses, associated tours and tastings by appointment only, establishment of a marketing program, replacement of an existing bridge stream crossing and driveway improvements, removal and replacement of woodland habitat in conformance with the Conservation Regulations, a request for an Exception to the Conservation Regulations in the form of a Use Permit for a stream setback encroachment and a slope greater than 30 percent, and Request for Exception to the Napa County Roads and Street Standards. The project is located on a 114.87 acre parcel within the Agricultural Watershed (AW) zoning district and designated Agriculture, Watershed and Open Space (AWOS) in the General Plan at 1300 Mt Veeder Road, Napa (APN 034-230-029).
STAFF RECOMMENDATION: Adopt the Mitigated Negative Declaration/MMRP and approve an Exception to the Conservation Regulations, an Exception to the Napa County Roads and Street Standards (RSS), and a Winery Use Permit subject to the recommended conditions of approval.
Staff Contact: Kelli Cahill, Planner III, (707) 265-2325 or kelli.cahill@countyofnapa.org
Applicant Contact: Gavin Sharrocks, (707) 695-1837 or gavin@camboule.com
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EXECUTIVE SUMMARY
Proposed Actions:
Proposed Actions:
That the Planning Commission:
1. Adopt the Mitigated Negative Declaration and the MMRP based on Findings 1-7 of Attachment A;
2. Approve an Exception to the Napa County Roads and Street Standards, based on Findings 8-9 of Attachment A;
3. Approval of an Exception to the Conservation Regulations No. P25-00088, based on Findings 10-16 of Attachment A; and,
4. Approval of Use Permit No. P22-00248, based on Findings 17-21 of Attachment A and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The request is for a new 25,000-gallon winery on the existing 114.87-acre parcel. The proposed winery will consist of the following:
a. 13,754 square foot (sf) winery cave for production, barrel storage, administrative offices, a 1,509 sf covered pad, a 1,052 sf hospitality pavilion with outdoor deck,
b. Two (2) full-time and two (2) part-time employees,
c. Tours and tastings by appointment only for a maximum of 18 visitors per day; 126 visitors per week,
d. Marketing events shall include food to be prepared offsite by a catering company, consisting of
1. Eight (8) annual events with a maximum of 25 guests;
2. One (1) annual event with a maximum of 50 guests; and
e. On-premise consumption of wines produced on-site within the outdoor hospitality areas in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5;
f. Non-harvest production days and hours: 7:30 AM to 5:30 PM Monday through Saturday,
g. Visitation seven (7) days per week, hours 10:00 AM to 6:00 PM,
h. Seven (7) parking spaces, including 2 required spaces for the existing residence,
i. Wastewater treatment system including a 10,000-gallon storage tank,
j. Repair of an existing landslide,
k. Recommended 60,000-gallon fire suppression tank,
l. Use of existing groundwater well for winery purposes,
m. Replacement of an existing bridge, and
n. Improvements to the existing driveway that will include the removal of 0.78 acres of tree canopy which will be replaced at a 3:1 ratio onsite.
The request includes a Conservation Regulation Exception to allow earthmoving and improvements to the existing driveway within a stream setback and on slopes greater than 30 percent. Napa County Code (NCC) Section 18.108.025 establishes minimum setbacks from top of bank of intermittent and perennial streams, prohibiting structures, earthmoving activity, grading, removal of vegetation and certain agricultural uses of land within the specified setbacks. The required minimum setback is as little as 35 feet from top of back, with the setback distance increasing as the slope at top of bank becomes steeper, up to as much as 150 feet where the slope is or exceeds 60 percent. In the proposed project area, the slope at top of bank ranges between 30 and 40 percent, so that the minimum stream setback from top of bank of Pickle Creek is 85 feet depending on the precise location along the roadway. The length of the driveway from Mt. Veeder Road to the proposed winery site is approximately 2,700 feet of which 605 linear feet are located within the 85-foot setback of Pickle Creek and ephemeral drainages that are currently piped under the existing driveway typically have setbacks of 35 feet. Additionally, portions of the driveway are on slopes of 30 percent or greater, necessitating a request for an exception to the Conservation Regulations (NCC Section 18.108.040).
The request also includes an exception to the Napa County Road & Street Standards (RSS) from the commercial driveway width standard of 22-feet where the proposed roadway width requested is 14 feet to limit earthmoving, grading and vegetation removal while still providing access for emergency vehicles. The subject parcel is 114.87 acres developed with a single residence, a 10,000-gallon water tank, and three (3) groundwater wells identified as New Well, Old Well and Well A, with the latter being the project well. Additional development on the property includes a bridge crossing Pickle Creek that has access from Mt Veeder Road to the project parcel, and driveway to the residence and vineyards. The main residence was completed in 2005, and the vineyard was approved by Erosion Control Plan (P19-00080-ECP) in 2020 for 13.62 acres of vines in which only 5.87 acres have been installed.
Staff has reviewed the proposed project and support granting approval. Staff prepared an Initial Study/Mitigated Negative Declaration and MMRP that evaluated the potential environmental impacts of the proposal as presented by the applicant. Staff determined that the applicant’s proposal would not have any potentially significant environmental impacts with incorporation of mitigation measures, based upon the existing conditions of the parcel and given that the proposed physical improvements are limited, generally occurring in already disturbed areas. Therefore, staff recommend adoption of the Mitigated Negative Declaration. Furthermore, staff found the requests to be consistent with the Zoning Ordinance and applicable General Plan policies including the County’s current groundwater requirements.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration and MMRP. According to the proposed Revised 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/Mitigated Negative Declaration to the State Clearinghouse for a 30-day review period beginning May 1, 2025, and running through June 2, 2025 (State Clearinghouse No. SCH 2025041466.) https://ceqasubmit.opr.ca.gov/. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
PROJECT INFORMATION:
Owner: P&M Vineyards Holdings, LLC c/o Melvin Pearl, 1730 Trancas Street #143, Napa, California 94558
Representative: Gavin Sharrocks,1300 Mt. Veeder Road, Napa, (707) 695-1837 or gavin@camboule.com
General Plan Land Use Designation: Agriculture, Watershed and Open Space (AWOS)
Zoning District: AW (Agricultural Watershed)
Filed: July 21, 2022
Resubmittals Received: April 3, 2023, April 23, 2024, and June 3, 2024
Application deemed complete: June 3, 2024
Courtesy Notice Sent: August 22, 2022
Project site size:114.87 acres
SITE CHARACTERISTICS
Existing Development: The subject parcel is 114.87 acre, developed with residence, 10,000 gallon water tank, three (3) groundwater wells, a bridge crossing Pickle Creek that is access from Mt Veeder Road to the project parcel, and driveway to the residence and vineyards. The main residence was completed in 2005, and 13.62-acres of vineyard were approved by erosion control plan (P19-00080-ECP).
Winery Characteristics
Winery Development Area Proposed: 4,185 sf (0.01 acres)
Winery Coverage Proposed: 75,023 sf (1.72 acres, 1.58% of parcel)
Winery Cave: Proposed: 13,754 sf (Type III)
Covered Crush Pad: Proposed: 1,509 sf
Winery Hospitality Pavilion: Proposed: 1,052 sf
Production Capacity Proposed: 25,000 gallons
Accessory/ Production Ratio Proposed: 1,863 sf accessory / 12,943 sf production - approximately 14.4%
Number of Employees Proposed: Two (2) full-time employees and two (2) part-time employees
Visitation - Proposed: 18 per day, 126 per week
Marketing Program - Proposed:
a. Eight (8) annual events with a maximum of 25 guests
b. One (1) annual event with a maximum of 50 guests
Days and Hours of Operations - Proposed: Monday through Sunday 10:00 am to 6:00 pm
Days and Hours of Non-Harvest production - Proposed: Monday through Saturday 7:30 am to 5:30 pm
Parking - Proposed: seven (7) spaces
Setbacks:
Required yard setbacks: 20 feet
Existing yard setbacks: All existing and proposed winery development exceeds 400 feet from the property line
Required Stream Setback:
85 feet from Pickle Creek
35 feet from intermittent/ephemeral drainages
Proposed Stream Setback: The existing driveway is located as close as 35 feet from the top of bank to Pickle Creek. All proposed improvements would occur outside of the creek setback with the exception of the bridge replacement, which crosses Pickle Creek.
Required Road setback: 30 feet from Mt Veeder Road
Proposed Winery setback: The winery is located outside of the required 600 foot setback from Mt Veeder Road.
Adjacent General Plan Designation / Zoning / Land Use:
North: AWOS General Plan Designation / AW Zoning - there are three (3) properties ranging in size from 2.65 to 173.42 acres with three (3) homes and vineyard on the largest property.
South: AWOS General Plan Designation / AW Zoning - six (6) properties ranging in size from 4.86 to 236.66 acres with 4 homes and one winery with vineyard on the largest property
West: AWOS General Plan Designation / AW Zoning - one (1) property, 502.41 acres with agricultural structures and vineyards.
East: AWOS General Plan Designation / AW Zoning - six (6) properties ranging in size from 12.01 to 79.55 acres with six (6) homes and one (1) second dwelling.
Parcel History:
The property is developed with a single-family residence constructed in 2005, followed by approval of an erosion control plan in 2020 (P19-00080-ECP) for 13.62 acres of vines that have been partially installed. The residence and vineyard are served by a gravel driveway accessed from Mt Veeder Road crossing Pickle Creek across an existing bridge.
Nearby Wineries located within one mile of the project:
There are two (2) wineries within one mile of the project, which includes Hess Collection to the west and Woolls Ranch Winery to the south-southeast.
Please refer to Attachment N - Winery Comparison chart for comparison of proposed winery to approved wineries.
Code Compliance History:
None. There are no open or pending code violations for the site.
Discussion Points:
As part of this application, staff analyzed the following requested application types:
1) A Request for a Use Permit Exception to the Conservation Regulations;
2) An Exception to the Napa County Road and Street Standards (RSS); and
3) A Winery Use Permit
Exception to the Conservation Regulations (P25-00088) Napa County Code (NCC) Section 18.108.020 prohibits earthmoving activity within the stream setback areas, unless exempt or unless an exception is granted through the use permit process. NCC Section 18.108.040 allows applicants to request an exception to the requirements of the County’s Conservation Regulations. Such requests are made in the form of a use permit application, which is subject to a decision by the Planning Commission.
The applicant proposes to improve the existing driveway to avoid damaging the natural environment, grading on steep slopes, or impacting the stream and ephemeral drainages. The existing driveway is approximately 2,700 feet in length and is at minimum 14 feet wide of which 605 feet lie within the setback of Pickle Creek and ephemeral drainages as defined by NCC Section 18.108.025 (Attachment M). The proposed road improvements within the stream setback are minimized and limited to approximately 605 feet of road widening from 14 feet up to 22 feet, and installation of two (2) turnouts. Additional discussion below under Biological Resources.
Ultimately, the final grading plans will be reviewed, approved, and conditioned by the Engineering Division, which imposes construction and post-construction pollution prevention requirements to ensure that there is no potential for significant on- or off-site erosion, impacts to siltation, or flooding. A preliminary Stormwater Control Plan has been submitted and reviewed for consistency with NCC Section 16.28.100 (Reduction of pollutants in stormwater). A Regulated Project Stormwater Control Plan (SCP) in accordance with the latest edition of the Bay Area Stormwater Management Agencies (BASMA) Post-Construction Manual for review and approval by the Engineering Division in PBES shall be submitted prior building permit issuance, as indicated in Attachment B. Soil erosion from a project of this scale is negligible. Additionally, there are no unique geologic features within or near the project site. Vegetation removal and maintenance will also be performed to maintain sight distance and visibility.
Pursuant to NCC Section 18.124.070, the Commission's decision to grant or deny a use permit must be based on findings that the granting of the use permit would not adversely affect public health, safety, or welfare of the county, and that the request is consistent with the policies and standards of the County's General Plan. Among the purposes of the Conservation Regulations (NCC Chapter 18.108) are intentions for the County to:
1) Minimize the effects of cut, fill, earthmoving, grading operations and similar activities on the natural terrain;
2) Minimize soil erosion caused by human modifications to the natural terrain;
3) Maintain and improve water quality by regulating stormwater quality and quantity;
4) Preserve riparian areas and other natural habitat near streams; and
5) Encourage development that minimizes impacts to existing land forms, avoids steep slopes and preserves existing vegetation and unique geologic features.
Engineering staff has reviewed the latest iteration of the Stormwater Control Plan (SCP), dated June 26, 2023, and determined it is acceptable and consistent with the requirements of Napa County Code Section 16.28.100.
Staff has determined that the necessary findings can be made to approve the requested exceptions to the Conservation Regulations in this case, as conditioned, because the retention and maintenance of the existing gravel road, two turnouts, and removal of 0.78 acres of trees (78 total trees), would not result in substantial effects to environmentally sensitive areas and without anticipated threats to water quality. Providing the nine turnouts is required by the Napa County Fire Department, and grading of the proposed turnouts would be limited to the minimum requirements outlined in the Napa County RSS. The Napa County Engineering Division and the Fire Department have evaluated this request, and support approval.
Road and Street Standards Exception Request: The Engineering Division and the Fire Department received a request for an Exception to the RSS dated April 29, 2022, revised on January 26, 2023, for the access roadway design criteria as part of a Use Permit application for a winery and Exception to the Conservation Regulations. As identified in the Engineering memo dated March 21, 2025 (Attachment B), the parcel is served by an existing gravel road that starts at the intersection of Mt. Veeder Road. From Mt. Veeder Road, the road crosses Pickle Creek and meanders up the hill for but 2,700 feet terminating at the existing residence and proposed winery site. The Napa County RSS requires a 22-foot minimum width for roads serving commercial uses such as the proposed winery. The majority of the existing road does not meet the minimum width requirement. The project is seeking exceptions from the Napa County RSS to accommodate environmental and physical constraints that prevent compliance with the standards. Specifically, an RSS Exception Request is requested for three segments of the road: Station 0+90 - 1+50, Station 1+50-8+00, and Station 8+00 - 9+25.
Station 0+90 - 1 +50 An exception is requested for the minimum horizontal radius of 50'. This location provides an environmental constraint as widening to meet the standard would relocate the road closer to top of bank on Pickle Creek and involve a larger disturbance within the riparian area. The curve has been designed by a licensed civil engineer and a type 1 fire engine has been modeled demonstrating the curve can be negotiated with the appropriate minimum clearances. The proposed design demonstrates meeting same practical effect as the minimum standard.
Station 1+50 - 8+00 An exception is requested for the minimum commercial roadway width of 22' (20' homogenous surface + 2' of shoulder). The segment of roadway from station 1 +50 to -4+90 falls within the creek setback. Additionally, station 1 +50 to -2+50 is constrained by a near vertical cut on the uphill side and the riparian area on the downhill side. Station -5+70 to -7+ 15 is constrained by a near vertical cut on the uphill side and the riparian area on the downhill side. Station -7+ 15 to 8+00 is constrained by both the stream setback and steep slopes on the uphill and downhill sides. This segment of roadway will be improved with inter-visible turnouts to allow vehicle passing and prevent any delays in response. At approximately station 3+00, a standard turnout will be provided. At station 4+50- 5+50, an extended turnout providing 100' of 22' width to allow vehicle passing will be provided. These turnouts are inter-visible and provide a straight line-of-sight in both directions. The extended turnout provides inter-visibility to station -9+25 where the fully compliant commercial width roadway begins. The proposed design demonstrates meeting same practical effect as the minimum standard.
Station 8+00 - 9+25 An exception is requested for the minimum horizontal radius of 50'. This curve is constrained by environmental constraints with very steep slopes on the uphill and downhill sides and the stream setback. Improving this curve is infeasible given the constraints and would require significant redesign to achieve the minimum standard. The curve will be widened to the maximum extent practical facilitating the turning movements of the type l engine. The curve has been designed and modeled by a licensed civil engineer. Furthermore, the type 1 engine has been modeled in both the ingress and egress scenarios and with appropriate minimum clearances. The proposed design demonstrates meeting the same practical effect as the minimum standard.
Setbacks - The proposed project meets all applicable minimum setbacks, including the 600-foot minimum winery building setback from Mt Veeder Road. No variances are requested or required as part of the proposal.
Visitation/Event Program - The project proposes a maximum of 18 tours and tastings visitors per day by appointment only (126 maximum visitors per week). Tours and tastings may include wine and food pairings, and all food would include prepackaged items such as dried fruit, nuts, salumi, crackers and similar. The project also proposes to host up to 10 events per years including eight (8) events per year for up to 25 guests and one (1) event per year with up to 50 guests. Marketing events will include food that would be catered and prepared offsite by a catering company.
Traffic - A Transportation Impact Study (Attachment I), was prepared for the proposed project by W. Trans, dated June 3, 2024. including discussion of access for pedestrians, bicyclists and transit; the estimated vehicle miles traveled (VMT) for the proposed project, including safety. The existing driveway and proposed circulation will be designed to comply with the Napa County Roads and Street Standards (RSS), including emergency vehicle access. The anticipated trip generation for the proposed project was estimated using the Napa County Winery Trip Generation Worksheet (Attachment I). Based on the worksheet, the project would be expected to generate 24 daily trips during non-harvest months and 26 daily trips during harvest. Peak hour volumes would range from nine to 12 trips between weekdays and weekends as well as during typical operation and harvest. Based on the trip generation as estimated using the County worksheet, the project would generate fewer than 40 trips daily, so a full operational study was not prepared.
In addition to reviewing the site access, W-Trans reviewed the site distance along Mt Veeder Road, and provided recommendations for the driveway approaches based on stopping sight distance with approach travel speed used as the basis for determining the recommended sight distance.
The posted speed limit on Mt Veeder Road is 25 miles per hour (mph), with a minimum stopping sight distance needed of 150 feet, and minimum corner sight distance needed for existing vehicle of 275 feet. Based on field conditions, sight lines to and from the project driveway on Mt Veeder Road extend nearly 280 feet to the north and approximately 275 feet to the south, which are adequate to meet both stopping sight stance and corner sight distance criteria. There is adequate stopping sight distance available for a following driver to notice and react to a preceding motorist slowing to turn right or stopping to turn left into the project driveway. In order to maintain adequate corner sight lines along Mt Veeder Road, vegetation and foliage at the driveway entrance shall be maintained with foliage kept three feet or lower, and trees with branches trimmed to a minimum height of seven feet above the roadway consistent the Public Works Memorandum of Conditions of Approval, dated May 29, 2024.
Access/Parking - Access to the winery will be provided by the existing driveway currently off of Mt Veeder Road that crosses a bridge, then meanders up the hill approximately 2,700 feet to the proposed winery site. Onsite parking is provided for seven (7) vehicles, including an accessible parking space, based on the wineries business plan, visitation, and employee levels. Parking for larger marketing events will be located within the onsite parking and overflow within the existing vineyard avenues. No parking is permitted or proposed within the right-of-way Mt Veeder Road. Additionally, no parking is proposed within the setback of Pickle Creek.
Biology - Sol Ecology performed a resource database search and protocol level surveys of the study area on June 3, 2021, and July 9, 2021, following by a Biological Resource Report prepared in May 2022 (Attachment G). Consistent with the biological study previously prepared for Erosion Control Plan #P19-00080, isolated populations of Purple needlegrass were identified within the study area, including within the area of the landslide. The repair of the landslide includes the evacuation of the existing topsoil consistent with the recommendation of WRA for the reestablishment of the Purple needlegrass as mitigated for the vineyard project (P19-00080) and included in supplement letters provided by WRA, dated December 5, 2022, and July 11, 2023, recommending that the existing topsoil be mixed with the cave spoils. The mixing of the two soils, rather than placement of topsoil on top of cave spoils will reduce the amount of non-native plant establishment and promote the successful reestablishment of the Purple needlegrass. The remaining Purple needlegrass will be fenced during construction consistent with Mitigation Measure BIO-1 to ensure avoidance.
In addition to flora surveys, the biologist reviewed fauna, specifically in the area of Pickle Creek, the ephemeral drainages, the riparian habitat and woodlands in association with the bridge replacement and driveway improvements that have the potential to support species. Based on the review, eight special status wildlife species have potential to occur in the study area, particularly along the Pickle Creek riparian corridor. These species include foothill yellow-legged frog, California giant salamander, western pond turtle, and pallid bat. These species may be affected during proposed bridge replacement activities if present. Driveway widening may impact the nesting pond turtle if present in adjacent uplands. Pallid bat may also be affected by proposed tree removal. The biologist has recommended mitigation measures to reduce potential impacts as a result of bridge replacement and driveway work through implementation of Mitigation Measures BIO-2 through BIO-4.
The study area also provides suitable nesting substrate. Migratory birds were analyzed as part of the vineyard project and adopted Mitigation Measures for nesting bird species that will be replicated with this project to reduce potential indirect significant impacts to nesting birds as a result of construction of the project to a less than significant level, Mitigation Measure-BIO-5.
To further ensure impacts to biological resources are less than significant, environmental education shall be provided as prescribed by Mitigation Measure BIO-6 to provide awareness of biological resources onsite.
The study area supports mixed oak woodland of which the project proposes the removal of 0.78 acres of oak woodlands (78 trees in total) as part of the winery improvements, including the cave winery, new bridge, and driveway widening. The project is below the County’s vegetation retention requirements, of the approximate 83 acres of canopy, 99.06 percent of the canopy will be retained. The project complies with NCC Section 18.108.020.D and General Plan Goal CON-24 requiring the preservation or replacement of oak woodland canopy. As noted, the project will retain approximately 99 percent of the canopy through Mitigation Measure BIO-7, consistent with the Terre Moto Plan, dated April 27, 2022.
As noted, the project will replace an existing bridge crossing and widening of the existing driveway. These improvements will occur within the County’s required stream setbacks requiring consideration of an Exception to the Conservation Regulation to allow improvements to existing facilities to occur within the setbacks for Pickle Creek, as well as ephemeral drainages along the driveway. The bridge replacement will require permit authorizations from California Department of Fish and Wildlife (CDFW), California Regional Water Quality Control Board (RWQCB), and US Army Corp of Engineers (USACE) consistent with Mitigation Measure BIO-8.
Implementation of all proposed mitigation measures will reduce biological impacts to less than significant.
Noise - The project would result in a temporary increase in noise levels during construction of the winery and its infrastructure. Construction activities would be limited to daylight hours using properly muffled vehicles. Noise generated during this time is not anticipated to be significant. As such, the project would not result in potentially significant temporary construction noise impacts or operational impacts. Since the nearest residence to the winery development area is approximately 1,990 feet to the south-southwest and north-northwest of the proposed winery, there is a low potential for impacts related to construction noise to result in a significant impact. Further, construction activities would occur during the period of 7:00 am-7:00 pm on weekdays, during normal hours of human activity. All construction activities would be conducted in compliance with the Napa County Noise Ordinance (Napa County Code Chapter 8.16).
Additional regulations contained within County Code Chapter 8.16 establish exterior noise criteria for various land uses in the County. Based on the standards in County Code Section 8.16.070, noise levels, measured at the exterior of a residential structure or residential use on a portion of a larger property, may not exceed 50 decibels for more than half of any hour in the window of daytime hours (7:00 a.m. to 10:00 p.m.) within which the applicant proposes to conduct events. Noise impacts of the proposed project would be considered bothersome and potentially significant if sound generated by it had the effect of exceeding the standards in County Code more than 50 percent of the time (i.e., more than 50 decibels for more than 30 minutes in an hour for a residential use). Noise from winery operations is generally limited and intermittent, meaning the sound level can vary during the day and over the course of the year, depending on the activities at the winery. The primary noise-generating activities are equipment associated with wineries including refrigeration equipment, bottling equipment, barrel washing, de-stemmers and press activities occurring during the harvest crush season, delivery trucks, and other vehicles. The Napa County General Plan EIR indicates the average, or equivalent, sound level (Leq) for winery activities is 51dBA in the morning and 41dBA in the afternoon. Audibility of a new noise source and/or increase in noise levels within recognized acceptable limits are not usually considered to be significant noise impacts. Winery operations would occur between 7:30 a.m. and 6:00 p.m. (excluding harvest). Any outdoor equipment would be subject to standard conditions requiring that any exterior winery equipment be enclosed or muffled and maintained so as not to create a noise disturbance.
Wastewater - There is a septic system installed on site that serves residential development, which will remain separate from the wastewater treatment system for the proposed winery. RSA + Engineering prepared a wastewater feasibility report (Attachment J), dated March 21, 2023, to evaluate the feasibility of treating wastewater flows generated by the winery. The proposed winery domestic wastewater will be treated by a Biolfiltro treatment system or equivalent system. The treated wastewater will be stored in a 10,000-gallon storage tank which was sized based on monthly analysis (Attachment J - Table 2) that calculated a maximum of 7,587 gallons of storage is required prior to surface dripped onto the vineyard. The project would require a 1.08 acres vineyard and 0.25 cover crop dispersal area. The study concludes that the proposed winery’s wastewater disposal needs can be accommodated onsite in the existing vineyard. The Division of Environmental Health has reviewed the application materials and determined that the proposed system would be adequate to serve the winery. Full design calculations and construction plans will be prepared in accordance with Napa County standards at the time of building permit application submittal.
Groundwater Availability - A Water Availability Analysis (WAA) (Attachment K), dated March 22, 2024, was prepared by Richard C. Slade and Associates LLC. The report includes a Tier 1 and a Tier 2. A Tier 3 was not necessary as the groundwater wells onsite are not located within 1,500 feet of a significant stream or a spring.
Tier 1 - A Tier 1 parcel specific recharge analysis based on the parcel size of 114.87 acres was prepared for the project. In order to provide a more conservative, site specific estimate of groundwater recharge within the area, RCS assumed that deep percolation does not occur on areas with slopes over 30%, and that rainfall that falls on areas of slopes over 30% would leave the property through some other hydrologic process. Within the conservative recharge area, 96.3% of the ground surface slopes, approximately 42.9 acres were determined to not exceed 30%, where the remaining 3.7% of the ground surface, approximately 1.6 acres exceed 30%. Therefore, the average annual recharge that is estimated to occur at the subject property for the 42.9 acres under 30% slopes would be 10.3 acre feet per year (af/y) (calculated at a rate of 28.94 inches of rainfall, multiplied by the 42.9 acres area of the more gently slopes areas, divided by a factor of 12 to convert from inches to feet, and multiplied by the 10% deep percolation rate).
There are three existing wells on the subject parcel, including the proposed project well (Well A), and two additional wells, Old Well which is inactive and New Well which is offline. Currently Well A is serving the residence until the New Well is brought back online, curtailing water demand on Well A as it will be the primary source for the winery development.
Currently, water demand includes the existing three-bedroom residence and 5.87 acres of an approved 13.62-acre vineyard. The total entitled water demand is conservatively estimated at 7.27-acre feet of water per year (af/y), as demonstrated in the table below. Water demand for an average rainfall year would be 6.13 af/y for vineyard irrigation, but for the purposes of this analysis, the below average rainfall vineyard irrigation water demand of 6.87 af/y was used.
|
Usage Type |
Existing Usage |
Proposed Usage |
|
Irrigation |
|
|
|
Vineyard - Well |
2.94 |
6.87 |
|
Vineyard - Process Wastewater |
0.000 |
-0.270 |
|
Landscaping |
0.000 |
0.125 |
|
Winery |
|
|
|
Process Water |
0.000 |
0.384 |
|
Domestic Water |
0.000 |
0.116 |
|
Residential |
0.403 |
0.403 |
|
Total (Acre-ft per Year) |
7.286 |
7.568 |
Note:
The total water demand for vineyard irrigation was approved for 6.87 af/y under P19-00080-ECP when fully developed out to 13.62 acre. The vineyard development is currently only developed out to 5.87 acres.
The subject parcel has an annual groundwater recharge rate of 10.3 af/y, which is higher than proposed groundwater demand of 7.6 af/y. The project if approved, would include the County’s standard Condition of Approval requiring collection of well data for the on-site well. (COA #4.9).
Tier 2: There are three possible off-site neighboring wells located within 500 feet of Well A (the project well), but no evidence was discovered suggesting the existence of offsite springs that are used for water supply purposed within 1,500 feet of Well A. The neighboring property owner drilled a new well subsequent to approval of the vineyard. The new neighboring well is located approximately 137 feet from project Well A. The neighbor, Mr. Bachich provided a significant amount of water level data collected regarding the Bachich New Well. Water level drawdown recorded in the Bachich New Well appears to occur nearly every day throughout the year, but two categories of water level drawdown events appear to exist, small being no more than 4 feet of drawdown and large, being between 4 and 7 feet of drawdown. In RCS’s professional opinion, the small drawdown events are induced by pumping of the Bachich New Well, whereas the large drawdown events are probably induced, at least in part, by operation pumping of a nearby well during the irrigation season, but possibly not Well A. The drawdown events cannot be directly contributed to Well A since there are other wells in the area that could be contributing to a phenomenon referred to as the principle of superposition where drawdown is the cumulative result of all cones of depression that intersect that well at a given time. As a result, a totalizer was installed; however, at the time of the report, records were not yet available. Pumping duration during the irrigation does not exceed 24 hours, and generally does not exceed 16 hours as the as Well A is conveyed directly to the vines, therefore, operational periods of the well cannot exceed the irrigation periods of the vines.
A 24 hour pump test was performed in 2017 that did not result in a significant drawdown of either the onsite New Well or the two neighboring wells that existed at the time of testing. A new neighboring well was drilled in 2018 and the WAA provided subsequent analysis of drawdown data provided by the neighbor concluding that the drawdown measured does not exceed the criterion described in Table F-1 of the County WAA Guidelines (Napa County, 2015). Additionally, the project does not propose a pumping rate that was greater than that which was proposed for the erosion control plan in 2019, and it is not anticipated to have a significant impact to the neighboring wells as a result of continued pumping as previously approved and conditioned as part of the winery proposal.
Tier 3: Since Well A is located outside of the 1,500 Significant Stream buffer, a Tier 3 analysis was not required. Therefore, no harm to public trust resources would occur.
Grape Sourcing - The project site will have approximately 13.62 acres of vineyard once the winery is constructed, if approved, with the potential to produce approximately 34,000 gallons of wine per year. The winery operator, through the use permit application, has indicated that they intend to maintain compliance with the 75% Napa Valley grape source requirement. The recommended conditions of approval included requirements for compliance with the 75% grape sourcing rule (COA No. 4.6 - Attachment B)
Cultural Resources - Archeological Resource Services performed an archeological resource management report, dated May 31, 2023, this report is not included as these documents are considered confidential. The survey including 30 acres within the parcel including review of prior historical reports. The study was conducted to determine the presence or absence of historical or archaeological resources, and potential impacts, if any, as a result of the proposed project. According to the study, there are no significant or potentially significant prehistoric artifacts, archaeological deposits, or features that have been identified within the project area. The soil observed did not indicate any subsurface deposits or evidence of prehistoric human occupation. However, the project includes a standard condition of approval (COA 7.2) requiring that if any previously undiscovered resources are found during grading of the project, construction of the project is required to cease, and qualified archaeologist will be retained to investigate the site. AB-52 Tribal Consultation Letters were mailed out on January 2, 2025, and no consultation was requested. As stated, there are no anticipated impacts to cultural or archeological resources.
Public Comments:
As of the drafting of this staff report staff has received four letters of support (Attachment O).
Decision Making Options:
As noted in the Executive Summary Section above, staff is recommending approval of the project with conditions of approval as described in Option 1 below. Decision making options also include a no project alternative.
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This action would result in approval of a Use Permit for The Winery at Mount Veeder Project proposal, approval of an Exception the Conservation Regulations in the form of a Use Permit, and approval of an Exception to the Napa County Roads and Street Standards. Staff recommends this option, as the request is consistent with the Zoning Ordinance, applicable General Plan policies, and other County regulations as presented in the Recommended Findings (Attachment A). There will be no significant environmental impacts to the site, as discussed in the Mitigated Negative Declaration.
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 time motion is made. This option has been analyzed for its environmental impacts, which were found to be less than significant.
Option 2: Modify the Applicant’s Proposal
Disposition - This option would result in modification to the applicant’s project to address concerns of the
Commission and/or public comments if solicited.
Action Required - Follow proposed action listed in Executive Summary and amend scope and project specific conditions of approval to further address potential impacts or concerns identified. This option would have proportionately fewer environmental impacts compared to those discussed in the staff report, and thus, no new analysis beyond that already discussed above would be necessary. If major revisions of the conditions of approval are required, the item will need to be continued to a future date.
Option 3 - 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 Use Permit, Conservation Regulation Exception and/or the RSS Exception, 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 Use Permit, the Conservation Regulation Exception and/or the RSS Exception are not being approved.
Action Required - Commission would make a motion to deny the project based upon the Commission's statements.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
ATTACHMENTS:
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Approval Memos
C. Initial Study / Mitigated Negative Declaration
D. Use Permit Application & Project Description
E. Exception to the Conservation Regulations Application
F. Napa County Roads and Street Standards Request
G. Biological Report and Purple Needlegrass supplemental letter
H. Terre Moto Tree Mitigation Plan
I. Transportation Impact Study
J. Waste Water Feasibility Report
K. Water Availability Analysis
L. Storm Water Control Plan
M. Graphics
N. Winery Comparison Chart
O. Public Comments
P. Project Revision Statement