TO: Napa County Planning Commission
FROM: Brian Bordona - Interim Director of Planning, Building & Environmental Services
REPORT BY: Emily Hedge, Planner III - (707) 259-8226
SUBJECT: Bella Union Winery - P19-00139-MOD
RECOMMENDATION
title
FAR NIENTE WINE ESTATES LLC / BELLA UNION WINERY / USE PERMIT MAJOR MODIFICATION P19-00139
CEQA STATUS: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
REQUEST: Approval of a Major Modification to increase production, number of employees, and number of visitors. The project would modify the existing marketing plan, allow food and wine pairings with tastings, and permit on-premises consumption in additional areas on site. Physical changes on site include construction of an approximately 15,700 s.f. barrel storage and 2,000 office building, along with an addition to the existing winery building, additional parking spaces, and associated site improvements. Improvements to the existing water and wastewater systems would be required. The project site is located on a 60.65-acre parcel at 1960 St. Helena Highway, Rutherford, CA 94573. The General Plan designation is Agricultural Resource (AR) and the Zoning is Agricultural Preserve (AP). APN: 027-470-007.
The project site is located on a 60.65-acre parcel at 1960 St. Helena Highway, Rutherford, CA 94573. The General Plan designation is Agricultural Resource (AR) and the Zoning is Agricultural Preserve (AP). APN: 027-470-007
STAFF RECOMMENDATION: Adopt the Negative Declaration and approve the Use Permit Major Modification, as conditioned.
STAFF CONTACT: Emily Hedge, Planner III, (707) 259-8226 or emily.hedge@countyofnapa.org
APPLICANT REPRESENTATIVE CONTACT: Katherine Philippakis, Farella Braun + Martel LLP, 899 Adams Street, St. Helena; (707) 967-4000 or kphilippakis@fbm.com
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EXECUTIVE SUMMARY
PROPOSED ACTIONS
That the Planning Commission:
1. Adopt the Negative Declaration based on Findings 1-7 in Attachment A; and
2. Approve Use Permit Modification No. P19-00139, based on recommended Findings 8-12 in Attachment A and subject to the recommended Conditions of Approval in Attachment B.
DISCUSSION:
On January 7, 1985, Use Permit U-168687 for Money Vineyards Winery was approved by the Planning Commission. The winery was authorized for 85,000 gallons of production with retail sales and public tours and tastings. Site development included 40 parking spaces and an above ground wastewater treatment system. Subsequent modifications to the original Use Permit followed to allow increases in production up to 180,000 gallons and additional winery structures.
In 2019, Provenance Vineyard (then owned by Chalone Wine Group LTD c/o Treasury Wine Estates Holdings, Inc.) submitted a Major Modification to upgrade the winery’s operations and infrastructure. The property was purchased by Far Niente Wine Estates in 2021 and the Major Modification application was revised as currently presented to the Planning Commission.
As proposed, the use permit major modification represents an effort to upgrade the winery under new ownership. This permit encompasses and replaces the terms of Use Permit U-168687 and Use Permit Modifications No. 03233; No. 03531; No. P08-00522; P10-00390; P11-00206; P12-00112; P12-00430; P13-00246; and P16-00073 and shall be limited to:
1. Approval to modify an existing 180,000 gallon per year winery, to allow the following:
a. Increase annual production from 180,000 to 300,000 gallons;
b. Increase employment from 12 employees to 38 full-time and seven (7) part-time employees;
c. Add by-appointment tours and tasting for 132 visitors on Monday - Thursday and 182 visitors on Friday - Sunday;
d. Modify the Marketing plan to allow one (1) annual events for up to 500 guests; 12 events per year for up to 100 guests; and three (3) events per week for up to 50 guests;
e. Expand production hours of operation from 7:00 a.m. to 7:00 p.m. to 6:00 a.m. to 6:00 p.m. and hospitality hours of operation from 10:00 a.m. to 4:00 p.m. to 10:30 a.m. to 6:30 p.m.;
f. Allow food and wine pairings with tours and tastings;
g. Construct an approximately 15,700 s.f. barrel storage with an attached, approximately 2,000 s.f. office building (a remodel of the previously approved, but never constructed 20,650 barrel building);
h. Construct an approximately 1,200 s.f. addition to the existing winery building and remodel interior space of the existing building including installation of a commercial kitchen;
i. Construct two (2) approximately 2,600 s.f. canopies over existing outdoor production space;
j. Increase parking from 45 parking spaces to 59 parking spaces;
k. Allow on-premises consumption of wine in the winery building and on the outdoor patios;
l. Reclassify the facility’s domestic water system from a transient, non-community system to a non-transient, non-community system;
m. Improve the winery wastewater system; and
n. Improve the driveway to include an exclusive right turn lane when exiting the driveway.
Staff has reviewed the proposal and found it to be consistent with the Zoning Ordinance and applicable General Plan policies but notes that the requested annual maximum visitation and number of marketing events are higher than other wineries with the same production capacity. Sufficient groundwater is available to serve the project and a Transportation Demand Management plan would be implemented as part of the project, reducing potential transportation impacts. Staff prepared an Initial Study Negative Declaration that evaluated the environmental impacts of the project and did not identify any potentially significant effects. With no significant environmental effects anticipated, and with the project’s consistency with adopted County policy and regulations, staff believes that the necessary findings for the project can be made, and recommends approval of the Use Permit Major Modification request as proposed and subject to conditions.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
PROJECT INFORMATION:
Owner: Far Niente Wine Estates LLC; 1350 Acacia Drive, Oakville; (707) 944-2861; dvivier@farniente.com
Representative: Katherine Philippakis, Farella Braun + Martel LLP, 899 Adams Street, St. Helena; (707) 967-4000 or kphilippakis@fbm.com
General Plan Land Use Designation: Agricultural Resource (AR)
Zoning District: Agricultural Preserve (AP)
Filed: March 28, 2019; Resubmittals Received: September 9, 2020; The following submittals were received under the new Ownership: January 10, 2022; April 25, 2022; July 19, 2022; August 9, 2022; Application deemed complete: September 8, 2022.
Parcel size: 60.65 acres.
Existing Development: The winery development includes an approximately 15,000 square foot (s.f.), two-story winery building with production, hospitality, office space, and a mechanical area, an approximately 7,500 s.f. canopy, located on the northwest side of the building covers an outdoor production area, and an approximately 2,300 s.f. storage building. The driveway splits into two parking lots on either side of the outdoor area in front of the winery building. Two wastewater ponds are located northwest of the winery building. A residence is located in the northeastern corner of the property. The remainder of the parcel is planted in approximately 34 acres of vineyards with approximately 37 acres of undeveloped fields. A stream runs through the property, connecting to Bale Slough near the southeastern corner of the property; eventually meeting the Napa River approximately one (1) mile south of the property on the eastern side of State Highway 29.
WINERY CHARACTERISTICS
Approved and Proposed Winery Characteristics
Winery Development Area Approved: 55,588 s.f.
Winery Development Area Proposed: 95,415 s.f.
Winery Coverage Approved: 129,235 s.f. or 1.3 acres, approximately 2.1 % of the property.
Winery Coverage Proposed: 175,765 s.f. or 2.97 acres, approximately 4.9 % of the property. (Maximum 25% or
approximately 15 acres permitted, whichever is less)
Production Capacity Approved: 180,000 gallons per year
Production Capacity Proposed: 300,000 gallons per year
Accessory/Production Ratio Approved: 5,539 s.f. accessory/23,172 s.f. production - approximately 23.9%.
Accessory/Production Ratio Proposed: 10,439 s.f. accessory/46,678 s.f. production - approximately 22.3%.
Number of Employees Approved: 12 full time
Number of Employees Proposed: 38 full time and seven (7) part time
Visitation - Approved:
Public visitation - 300 guests/week (Averaged to 43/day for calculation purposes)
By-appointment only - None
Visitation - Proposed:
Public visitation - No change - 300/week - Averaged to 43/day for calculation purposes
By-Appointment - 132 guests/day Monday-Thursday and 182 guests/day Friday-Sunday;
Total Daily Maximum (public and by-appointment) - 175 guests/day Monday-Thursday and 225 guests/day Friday-Sunday
Total Weekly Maximum (public and by-appointment) - 1,375 guests/week
Marketing Program - Approved: 24 events per year with up to 50 guests per event, 12 events per year with up to 200 guests, and daily events for 10 to 25 guests with a maximum of 65 guests/week.
Marketing Program - Proposed: 12 events per year with up to 100 guests per event, one (1) event per year with up to 500 guests, and three (3) events per week with up to 50 guests (156 events annually)
Days of Operation - Approved: Monday through Sunday
Days of Operation - Proposed: No change.
Hours of Operation - Approved: 7:00 a.m. - 7:00 p.m.
Hours of Operation - Proposed: Production 6:00 a.m. - 6:00 p.m. and Hospitality 10:30 a.m. - 6:30
p.m.
Parking - Approved: 45
Parking - Proposed: 59 Total parking spaces will comply with CA Building Code requirements for accessible
parking and EV charging spaces
Setbacks
Required Property Line setbacks: 20 feet
Existing Property Line setbacks: All existing and proposed winery development exceeds 100 feet
from the property lines
Required Road setback: 600 feet from State Highway 29
Proposed Road setback: 430 feet from State Highway 29. Napa County Code Section 18.104.230 permits wineries that were constructed prior to the adoption of the Winery Definition Ordinance (WDO) to expand within the setback area only if the expansion is placed no closer than the nearest point of the existing structure to which the expansion is attached. The existing winery building, approved prior to the WDO is located 405 feet from the centerline of the highway. The proposed addition to the building is attached to the front of the existing building and is setback approximately 430 feet from the centerline of the highway. The closest portion of the proposed barrel building is approximately 555 feet from the centerline of the highway. In 2004, Use Permit modification #03531, included approval of a barrel storage building, which was partially located within the setback. The building was never constructed and is included in this major modification to redesign and relocate. The proposed development complies with Section 18.104.230.
Adjacent General Plan Designation/ Zoning / Land Use:
All surrounding properties have a General Plan designation of Agricultural Resource (AR). The Zoning designation of the majority of surrounding properties is Agricultural Preserve (AP) and includes wineries, vineyards, residences, and some undeveloped parcels. Upper Valley Disposal & Recycling facility is located north of the property and borders approximately 400 feet of the northern property line. This parcel has a zoning designation of Public Lands (PL).
Nearby Wineries located within 1 mile of the project - There are 13 wineries within one mile of the project. Please refer to Attachment K.
Parcel History:
January 7, 1985 - Use Permit U-168687 was approved by the Planning Commission to establish a new 85,000 gallon winery with retail sales and public tours and tastings. Site development included 40 parking spaces and an above ground wastewater treatment system.
August 28, 2002 - Sign permit #03142-Sign was approved by the Director to modify the existing winery signs.
July 30, 2003 - Minor Modification #03233 was approved administratively to allow construction of a 120 s.f. pump shed and installation of two 8,000 gallon water tanks.
July 21, 2004 - Major Modification #03531 was approved by the Planning Commission to increase wine production to 180,000 gallons, change in employee shifts, and add an annual marketing plan of 36 events and daily events for 10 to 25 guests not to exceed 65 guests per week. Site improvements included a 20,650 s.f. barrel building, 3,000 s.f. crush pad cover, and a stormwater detention pond.
February 3, 2009 - Minor Modification P08-00522 was approved administratively to allow a new break room and design changes to the existing winery.
February 10, 2011 - Very Minor Modification P10-00390 was approved administratively to allow use of temporary refrigeration units during harvest.
August 10, 2011 - Very Minor Modification P11-00206 was approved administratively to allow an expansion to the existing crush pad for a total of 7,500 s.f., add a new crush pad cover, and add an approximately 1,600 s.f. mezzanine with the existing building.
April 9, 2012 - Very Minor Modification P12-00112 was approved administratively to add picnic tables to a lawn area.
March 28, 2013 - Very Minor Modification P12-00430 was approved administratively to convert existing office space and mezzanine storage to hospitality space.
November 12, 2013 - Very Minor Modification P13-00246 was approved administratively to modify the winery landscaping and add pergolas.
March 13, 2017 - Very Minor Modification P16-00073 was approved administratively to allow on-premises consumption and food and wine pairings, construct a trellis and garden wall, and remove a previous condition of approval restricting use of outdoor areas for winery activities.
March 2019 - Major Modification #P19-00139 was submitted. The property was purchased by the current applicant in 2021 and a revised application and modified project request were submitted.
Code Compliance History: There are no open cases on the property.
Discussion Points:
Setting - The project site is located on a 60.65-acre parcel less than two (2) miles south of the City of St. Helena. The parcel is accessed via a driveway off of St. Helena Highway/State Highway 29. The property is currently developed with a single-family residence, winery, approximately 34 acres of vineyards, two wastewater ponds, and an approximately 37 acre open field. The property is flat, with slopes less than five (5) percent. The property is bisected by a stream running from the northwestern property line to the south eastern corner of the property; eventually meeting the Napa River approximately one (1) mile south of the property on the eastern side of St. Helena Highway/State Highway 29. The existing development and vineyards are located on the eastern side of the stream. The undeveloped field is on the western side of the stream. Surrounding properties include residences, vineyards, wineries, and undeveloped land. The closest residence is approximately 250 feet from the existing winery building. Upper Valley Disposal & Recycling facility is located north of the property and borders approximately 400 feet of the northern property line. The eastern property line is adjacent to State Highway 29.
Winery Proposal - The proposal is to modify an existing winery Use Permit to increase production, number of employees, and number of visitors. The project would modify the existing marketing plan, allow food and wine pairings with tastings, and permit on-premises consumption in additional areas on site. Physical changes on site include construction of an approximately 15,700 s.f. barrel storage building with an attached 2,000 s.f. office building, along with an addition to the existing winery building and remodeling of portions of the winery building including the addition of a commercial kitchen, construction of two canopy covers in the vicinity of the existing work area, additional parking spaces, and site improvements. Improvements to the existing water and wastewater systems would be required.
Phasing - The applicant anticipates completing the winery development in two phases. Phase 1 includes the 1,200 s.f. addition to the winery building, as well as the interior remodel and reconfiguration of uses such as private tasting rooms, offices, restrooms, and a conference room. The outdoor patio area in front of the winery building will be remodeled to replace the existing trellises with a new roof. Two new production canopy covers, approximately +/-2,600 and +/-2,000 square foot in area, would be installed on either side of the existing covered outdoor production area on the back side of the winery building. Phase 1 infrastructure improvements include updates to the water system, sanitary sewage disposal system, process wastewater treatment and disposal system, in order to support the increase in production capacity and onsite visitation. Phase 2 proposes a new approximately 15,700 s.f. barrel storage room, with an approximately 1,500 s.f. dry goods storage addition, and an approximately 2,000 s.f. production office building attached on the northeastern side of the new barrel building. The phasing described above is the applicant’s proposal, and staff does not intend to enforce the proposed schedule. However, the applicant will be required to complete infrastructure improvements necessary to support the increases approved by this modification prior to increasing operations. A condition of approval regarding the timing of these improvements has been added. See Attachment B - COA 4.20.c.
Visitation and Marketing - The winery is currently permitted 300 public visitors a week. There are no proposed changes to the public visitation. The 300 guests per week was averaged to 43/day for calculation purposes. The winery does not have by-appointment tours and tastings. The proposed addition of by-appointment tours and tasting of 132 guests/day Monday-Thursday and 182 guests/day Friday-Sunday, would result in total daily visitation of 175 guests/day Monday-Thursday and 225 guests/day Friday-Sunday. The Winery Comparison tables compare these levels to wineries with similar annual production levels (250,000-300,000 gallons) that are permitted for by-appointment tastings and pre-WDO wineries, which may have public visitation and/or by-appointment visitation. Looking at by-appointment wineries, the proposed visitation is significantly higher than the average visitation, however, the levels are comparable to the average daily and weekly visitation permitted to pre-WDO wineries. The approved annual marketing plan includes 24 events per year with up to 50 guests per event, 12 events per year with up to 200 guests, and daily events for 10 to 25 guests with a maximum of 65 guests/week. The proposed plan, which would replace the existing plan, includes 12 events per year with up to 100 guests per event, one (1) event per year with up to 500 guests, and three (3) events per week with up to 50 guests. This reduces the total number of events, but results in an increase the total marketing guests. Looking at by-appointment wineries, the proposed annual marketing plan is higher than the average of both the number of events and number of marketing guests. The number of events is close to the average number of events permitted for pre-WDO wineries, but with a higher total number of guests. The maximum number of annual guests at the winery would increase from 22,580 to 81,000. This total is significantly higher than the average for by-appointment wineries, but only slightly higher than the average for pre-WDO wineries.
Employees - In order to facilitate the increase in production and visitation the winery proposes to increase employees from 12 to 45.
Traffic, VMT Analysis, Parking - The County maintains a set of Transportation Impact Study Guidelines (TIS Guidelines) that define situations and project characteristics that trigger the need to prepare a TIS. The purpose of a TIS is to identify whether the project is likely to cause adverse physical or operational changes on a County roadway, bridge, bikeway or other transportation facility, to determine whether the project should be required to implement or contribute to improvement measures to address those changes, and to ensure that the project is developed consistent with the County’s transportation plans and policies. Based on the County’s Trip Generation worksheet, the proposed project would generate between 280 and 330 daily trips depending on the weekday or weekend, representing an increase in trips between 170 and 220 trips. The trip generation exceeds the County’s screening threshold of 110 daily trips, therefore the project was required to prepare a traffic study and a VMT analysis. The Final Traffic Impact Report, dated August 22, 2022, prepared by Crane Transportation Group, determined that the addition of project traffic will increase delays at the Project Driveway intersection with State highway 29 and Mee Lane (across the highway) during Friday and Saturday PM peak hour operation, to levels that would exceed County acceptable criteria. The applicant proposed the following measures to eliminate the project’s peak hour impacts and they have been incorporated into the project description and conditions of approval. See Attachment B - COA No. 9.5 and No. 4.20.a.
• Construct an exclusive right-turn lane on the Project Driveway approach to State Highway 29. This would allow for two cars to be pulled up to the stop sign at the same time, one preparing to go straight/turn left and one preparing to turn right. This would allow a car to turn right, while another car is waiting to go straight/turn left, instead of all cars queuing in one line to leave the winery, which could potentially allow cars to leave the winery at a quicker rate. The driveway eastbound approach to the State Highway is has approximately 12 to 14 feet of storage between the railroad track and the stop bar for a vehicle turning right. The existing paved crossing of the Wine Train track has enough width to accommodate this lane.
• Schedule all by-appointment guests and employees during the Friday and Saturday PM peak traffic hours (3:00 - 4:00 PM) to preclude any new inbound or outbound traffic during these hours.
• Provide bike lockers.
In order to reduce VMT generated by the project, the applicant has prepared a preliminary Travel Demand Management (TDM) program to implement operational procedures to reduce daily trips and overall vehicle miles traveled. Proposed approaches include providing incentives to establish carpools, riding bicycles to work, and use of public transportation; emergency/guaranteed ride home program; contracted shuttle service for guest pickup for large events; use of large vehicles for group staff travel; alternative work schedules and remote-work opportunities when possible; and encouraging visitors to use group rideshare services. The TDM program will be administered by the winery’s human resources manager in collaboration with those responsible for facilities operations, direct to consumer business, winemaking, use permit compliance and others, all reporting to the winery CEO. All records of the TDM activities will be kept for comparison of the program’s success to the baseline of no TDM program. These records will be available for County inspection and included in the required annual monitoring. The Department of Public Works has reviewed the project and approved it as conditioned. See Attachment B - Department of Public Works Memorandum dated August 9, 2022.
The winery currently has 45 parking spaces and proposes an addition 14 spaces, for a total of 59. New parking would primarily be employee parking located around the new building. Valet parking would be utilized for the 500-person marketing events.
Noise - In order to compare the estimated existing noise levels with future noise projections Salter prepared an Environmental Noise Assessment, dated April 22, 2022. Although there is a proposed increase in production levels, operations would continue to use the existing outdoor production area, which is approximately 350 feet from the closest offsite residence. Therefore, the Assessment focused on future noise projections generated by the increase in visitation and events compared to the Napa County Noise Ordinance and CEQA guidelines. The analysis is broken down into the following noise-generating activities: Increased Visitation - including revised projections for weekdays, weekends, and special events; Outdoor Use - including but not limited to day visitation and special gatherings including presentations/music; and Traffic and Parking Activities - including but not limited to daily traffic, instantaneous vehicle noise (engine starts, revs, fans). The nearest residential property line is located 200 feet north of the proposed outdoor patio, located in front of the winery building addition, with the residence approximately 50 feet further set back from the property line. The Assessment found that the daily visitation noise levels would most likely be inaudible due to the distance and the existing traffic noise from Highway 29. The analysis of the 100-person and 500-person events, proposed to occur in the evenings (generally 6:30 p.m. to 10:00 p.m.) could potentially impact the adjacent residential property. In order to reduce potential impacts, the applicant proposed a number of parameters to be applied to operations at the marketing events. The applicant has designed their marketing plan to incorporate the project components, which will be included as a condition of approval. Attachment B - COA 4.3.f.
Marketing Plan:
These following will be posted on premises in the employee break room and included in the winery’s contracts with event vendors:
1. Evening events will end not later than 10:00 p.m.; clean-up will end at 10:30 p.m.
2. No outdoor sound amplification devices are allowed at events.
3. Indoor sound amplification devices used for the annual event will be turned off not later than 9:00 p.m.
4. Operable doors and windows located on the north side of the winery will be closed after 9:00 p.m. during evening events.
5. Cars parked onsite for the annual 500-person event will be valet-only.
6. Advanced notice of valet parking for the annual event will be provided to attendees and signage will also be posted on the evening of the event.
Continuing enforcement of Napa County’s Noise Ordinance by the Division of Environmental Health and the Napa County Sheriff, including the prohibition against amplified music, should further ensure that marketing events and other winery activities do not create a significant noise impact. Amplified music or sound systems would not be permitted for outdoor events as identified in standard Conditions of Approval. Events and non-amplified music, excluding quiet clean-up, are required to finish by 10:00 p.m.
Groundwater Availability - The winery property is located within the groundwater basin boundary set by the California Department of Water Resources, which was studied and evaluated by the County’s Groundwater Sustainability Agency (GSA). The GSA has determined that projects within the subbasin boundary have an estimated recharge potential of 0.3 acre feet per year. Based on recommendations from the County’s hydrogeology consultant Luhdorff & Scalmanini Consulting Engineers (LSCE), if a parcel in the GSA boundary has existing groundwater uses that already exceeds the 0.3 acre feet per acre per year calculation, a no net increase in groundwater use is required.
For the 60.65 acre parcel the water allocation is 18.2 acre feet per acre per year under the 0.3 acre-foot per year limitation. There are two existing operational wells onsite. The existing water use associated with the winery, vineyards, and residence is estimated to be 21.8 acre feet. Because the existing water use exceeds the 0.3 acre feet per acre per year allocation, the applicant revised the project groundwater use to achieve a no net increase over existing conditions. The proposed increase in production, employees, and visitation would result in an increase in water use of 4.16 acre feet. There is no change in residential use. In order to offset the increase resulting from the proposed operational changes, the applicant proposed to reduce water use by 5.12 acre feet per year through reductions to their vineyard irrigation and landscape irrigation. This results in an overall reduction of 0.95 acre feet over existing conditions. The primary area of reduced water use is vineyard irrigation, where the applicant anticipates a reduction of 5.10 acre feet from existing estimated vineyard irrigation. In order to achieve this reduction, the applicant intends to implement a combination of the following: switch overhead irrigation to frost fans; reuse of treated process wastewater; and redevelopment of vineyards using drought tolerant rootstock, an updated irrigation system, and optimized canopy and vine row orientation. Based on information provided by the applicant, prepared by Premiere Viticultural Services, implementation of these infrastructure changes and irrigation practices can realistically achieve, and likely exceed, the estimated reduction 5.10 acre feet per year. Following the reduction in irrigation, the total proposed water use is 20.9 acre-feet of groundwater per year. Conditions of approval have been added that require development of a Groundwater Demand Management Program, which includes monitoring of wells and limits overall groundwater use for the parcel to 20.9 acre-feet of groundwater per year. See Attachment B - COA 4.20.b.; 6.15.a.; and 9.9.a.
Water system - Due to the increase in users resulting from the project, the winery would be required to reclassify the facility’s domestic water system from a transient, non-community system to a non-transient, non-community system. Additional storage tanks may need to be installed if the existing storage capacity (23,000 gallons) is not sufficient to meet Maximum Daily Demand (MDD). Additional tanks would be located within the existing developed area, most likely adjacent to the existing fire protection tank. Impacts would be less than significant.
Wastewater system - According to the Onsite Wastewater Feasibility Study prepared by Summit Engineering (Revised July 13, 2022), the proposed wastewater flows associated with the proposed project exceed the design capacity of the current process wastewater (PW) and sanitary sewage (SS) treatment and disposal systems. To accommodate the increased daily visitation and events associated with the proposed use permit modification, the systems will be improved to accommodate additional PW and SS flows. The Division of Environmental Health reviewed this report and concurred with its findings, conditioning that the selected design and plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health.
Green House Gas Emissions - On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted new recommended thresholds for determining the significance of individual projects’ greenhouse gas impacts under CEQA. Under the new thresholds, proposed land use projects may be analyzed for consistency with a qualified greenhouse gas (GHG) reduction strategy in the event one has been adopted. To date, Napa County has not adopted a qualified GHG reduction strategy pursuant to CEQA Guidelines section 15183.5. Absent an adopted strategy, BAAQMD recommends that a land use project must include specified minimum design elements to ensure that the project is contributing its “fair share” toward achieving the state’s key climate goal of carbon neutrality by 2045. Napa County has not adopted a qualified GHG reduction strategy or an air quality plan, therefore projects will be evaluated per the BAAQMD recommended minimum design elements.
Specifically for buildings, the project must not:
Include natural gas appliances or natural gas plumbing (in both residential and nonresidential development); and
• Result in any wasteful, inefficient, or unnecessary electrical usage as determined by the analysis required under CEQA section 21100(b)(3) and CEQA Guidelines section 15126.2(b).
Specifically for transportation, the project must:
• Achieve compliance with electric vehicle requirements in the most recently adopted version of CALGreen Tier 2, and
• Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target reflecting the following recommendations:
o Residential projects: 15 percent below the existing VMT per capita;
o Office projects: 15 percent below the existing VMT per employee; or
o Retail projects: no net increase in existing VMT.
To address these requirements, staff has recommended a project specific condition to prohibit the use of natural gas appliances or plumbing. Additionally, at the time of construction the project will be required to comply with the California Building Code, which is currently being updated to include regulations to assist in the reduction of air quality impacts associated with construction. Regarding electrical usage, the project has an existing solar array which will provide energy to the project development. Given this, any new construction will be required to install energy efficient fixtures complying with CA building code Title 24 standards. The project will also be required to comply with the recently adopted version of CALGreen Tier 2. Staff has included a project specific condition to ensure this is reviewed and implemented at the time of construction through adherence to the California Building Code. See Attachment B - COA 6.15.b and 6.15.c. As discussed above, the applicant has prepared a preliminary Travel Demand Management (TDM) program to implement operational procedures to reduce daily trips and overall vehicle miles traveled.
The applicant intends to implement a number of reduction strategies that they currently implement at two of their other wineries - Far Niente Winery and Nickel and Nickel Winery. These include installing electrical vehicle charging station and a solar array on the work area canopy and barrel building; water saving measures through use of water efficient fixtures, low impact development, water efficient landscaping; utilizing local food production, recycling 75% of all waste and composting 75% food and garden material; implementing a sustainable purchasing and shipping program and use of recycled materials; and education to staff and visitors on sustainable practices. The winery practices organic farming of the existing vineyards, which include 70-80% cover crop. The applicant intends to certify the winery in the areas of Certified Green Business, Certified Napa Green Winery, and/or a Certified "Napa Green Land". A condition of approval has been added requiring implementation of these measures. See Attachment B - COA 4.20.d.
Tribal Cultural Resources - On June 30, 2021, 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 responses were received.
Grape Sourcing - The parcel has 34 acres of vineyards and the applicant owns a number of other winery and vineyard properties in the County. The winery use permit was approved in 1987 prior to development of the Winery Definition Ordinance, therefore the originally approved 85,000 gallons of production is not subject to the County’s 75% grape sourcing rule. The remaining 95,000 gallons of the current 180,000 gallons production limit is subject to the 75% rule. Additional production approved with this modification would also be subject to the 75% rule. The applicant will provide information for the public hearing on their grape sources ensuring that the winery can accommodate the requested production increase.
Conditions of Approval - A number of site improvements are required to be completed prior to an increase in employees, visitation, and marketing. This includes recognition of the existing levels of employees and visitation. Improvements to the driveway, installation of the water system, and improvements to the wastewater system need to be completed prior to the winery operating at the recognition levels and any further expansions approved by the Planning Commission. A condition of approval regarding the timing of these improvements has been added. See Attachment B - COA 4.20.c.
Public Comments - At the time of publication of this staff report, one public comment in favor of the project has been received. See Attachment L.
Decision Making Options:
As noted in the Executive Summary, staff recommends approval of the project subject to conditions. Decision making options also include a reduced-intensity project alternative, and a no project alternative (denial of the requested Use Permit Major Modification).
Option 1 - Approve Applicant's Proposal (Staff's Recommendation)
Disposition - The proposed project includes operation changes, construction of new structures and remodeling of existing development, and infrastructure improvements. Operational changes include an increase in production along with an increase in employees, the addition of by-appointment visitation, and a revised marketing plan. Proposed physical improvements include construction of a barrel storage building, located in the same location as a previously approved, but unbuilt building, internal remodel of the existing winery building and an addition to the front of the structure, additional parking spaces and water and wastewater system improvements. The visitation and marketing are higher than similarly sized by-appointment wineries, but comparable to other pre-WDO wineries. In order to reduce potential impacts, the winery has proposed changes to the winery irrigation practices to reduce water below the estimated existing levels and incorporated operational restrictions to the marketing plan to limit effects on neighboring residential properties. This option has been analyzed for environmental impacts, which were found to be less than significant.
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.
Option 2 - Revised Project Request
Disposition - All potential environmental impacts have been found to be less than significant through a combination of project design and conditions of approval. However, this option provides the Planning Commission, at their discretion, the ability to further reduce potential impacts, such as decreasing the winery's production level, maximum daily visitation numbers, marketing activities, and/or the number of employees. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised production, visitation, marketing and/or employee numbers.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable conditions of approval to reduce the production, maximum daily visitation, marketing, and/or employee levels. 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 Applicant’s Proposal
Disposition - In the event the Commission determines that the project does not, or cannot meet the required findings for the granting of a Use Permit major modification, Commissioners 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 major modification is not being approved.
Action Required - Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Commission on a specific date.
Option 4 - 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
C. Previous Project Conditions
D. Initial Study/Negative Declaration
E. Use Permit Major Modification Application Packet
F. Water Availability Analysis
G. Water System Feasibility Report and Wastewater Feasibility Study
H. Final Traffic Impact Report
I. Environmental Noise Assessment
J. Graphics
K. Winery Comparison Analysis and Summary of Changes
L. Public Comments