TO: Napa County Planning Commission
FROM: Brian Bordona - Interim Director Planning, Building & Environmental Services
REPORT BY: Emily Hedge, Planner III - (707) 259-8226
SUBJECT: Piazza del Dotto Winery P18-00143-MOD
RECOMMENDATION
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YOUNTVILLE VINEYARDS LLC / PIAZZA DEL DOTTO WINERY / USE PERMIT MAJOR MODIFICATION P18-00143
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 add additional events to the existing marketing plan, permit on-premises consumption in additional areas on site, and allow outdoor speakers for background music. Physical changes on site include construction of an approximately 45,500 s.f. winery building with a 700 s.f. lounge building, increase the existing cave from 8,000 s.f. to 24,600 s.f., cabanas in the hospitality building patio, additional parking spaces, and improvements to an existing driveway off Yount Mill Road for non-public, emergency access. The winery would install a water filtration system. The project site is located on a 20.1-acre parcel at 7466 St. Helena Highway/State Route 29, Yountville, CA 94558. The General Plan designation is Agricultural Resource (AR) and the Zoning is Agricultural Preserve (AP). APN: 031-120-035.
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: Dan Westphal, O’Malley Wilson Westphal, Inc, 555 Fifth Street, Suite 200, Santa Rosa, CA 95401; (707) 636-0828; dan@omalleywilsonwestphal.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. P18-00143, based on recommended Findings 8-12 in Attachment A and subject to the recommended Conditions of Approval in Attachment B.
DISCUSSION:
On October 6, 2010, Use Permit P08-00185 and Variance P09-00492 for Ca’ Nani Winery, were approved by the Planning Commission. The winery authorized production of a 48,000 gallon per year winery. Operational components included 13 full-time and 2 part-time employees; up to 75 visitors per day (Fri-Sun) and 40 visitors per day (Mon-Thurs) by appointment only; a marketing plan with 27 events per year with a maximum of 24 people, two (2) events per year with a maximum 49 people, one event per year with 100 people, and one event per year with 300 people. Site development consisted of a two-story, 16,243 s.f. winery building and 15,970 s.f. of caves, conversion of an existing 1,460 s.f., detached garage to a farm equipment storage building; a new 375 s.f. utility building; 44 on-site parking spaces, an entrance monument and sign; and a new process wastewater septic system. Approval of the Variance granted a reduction in the minimum 600-foot winery setback from SR 29/St. Helena Highway to 520 feet.
Since approved the winery has been approved for three minor modifications. Use Permit modification P13-00054-MOD, approved by the Director in August 2013, permitted phased development of the winery, replacement of a 1,460 s.f. equipment storage building with a 2,311 s.f. tasting room, and installation of an interim 6,908 s.f. uncovered crush pad. Use Permit Modification No. P14-00141-MOD, approved by the Director in October 2014, permitted the winery to modify an existing one-story Tasting Room to add a 1,680 s.f. second story, relocate the fire tank and fire access road, reconfigure the parking lot, revise design of the entry gate and structure, replace existing garden trellis, add a crush pad to the south of the winery pad area, enlarge the mechanical room, and to construct a retaining wall for the approved, but unbuilt winery building. Use Permit Modification No. P15-00153-MOD, approved by the Planning Commission in October 2015, approved the winery to modify the existing hospitality building, including converting approximately 375 s.f. of existing storage area to a commercial kitchen use and tasting bar area, adding approximately 55 s.f. of storage space, the addition of a tasting bar near the outdoor patio, and adding on premise consumption within the hospitality building and outdoor patio.
As proposed, the current Major Modification encompasses and replaces the terms of the Use Permit and Modifications, and shall be limited to:
1.1 Approval to modify an existing 48,000 gallon per year winery, previously approved under Use Permit to allow the following:
a. Increase annual production from 48,000 gallons to 100,000 gallons;
b. Increase employees from 13 full time employees to 17 full time employees;
c. Increase tours and tastings by appointment from 75 per day to 125 per day Monday - Thursday and to 130 Friday - Sunday;
d. Revise the annual marketing plan to include an additional 19 events with a maximum of 120 people and four (4) events with a maximum of 400 people;
e. On-premise wine consumption in the hospitality areas in the new winery building, on the rooftop of the new building, in the grotto courtyard, and on the upper patio and courtyard on the existing hospitality building;
f. Construct a new, approximately 10,500 s.f. winery building consisting of production and hospitality space with a 700 s.f. lounge building;
g. Construct an approximately 16,500 s.f. cave expansion, including a tasting room and commercial kitchen, for a total cave of approximately 32,500 s.f.;
h. Construct two (2) cabanas on the patio of the existing hospitality building;
i. Convert hospitality building storage space to office and allow public access and use of the second floor balcony;
j. Allow outdoor speakers in the outdoor tasting areas for playing background music;
k. Increase parking spaces from 49 spaces to 54 spaces;
l. Install 10 bicycle parking spaces;
m. Install a water filtration bioreactor system for treatment of winery process waste (to replace the current use of hold and haul); and
n. Improve existing driveway off Yount Mill Road to be used for employees, agricultural and winery vehicles, and trucks during harvest; no public access permitted.
Staff has reviewed the proposal and found it to be consistent with the Zoning Ordinance and applicable General Plan policies. The requested annual maximum visitation and number of marketing events are higher than other wineries with the same production capacity. The project has been designed so that there will be no increase in water use. A Transportation Demand Management plan has been proposed to help reduce 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: Dave Del Dotto, Yountville Vineyards LLC; 1291 Zinfandel Lane, Saint Helena, CA 94574; (707) 963-2134; dave@deldottovineyards.com
Representative: Dan Westphal, O’Malley Wilson Westphal, Inc, 555 Fifth Street, Suite 200, Santa Rosa, CA 95401; (707) 636-0828; dan@omalleywilsonwestphal.com
General Plan Land Use Designation: Agricultural Resource (AR)
Zoning District: Agricultural Preserve (AP)
Filed: April 23, 2018; Resubmittals Received: October 25, 2018; October 25, 2019; December 21, 2020; September 21, 2021; March 17, 2022; October 12, 2022; November 30, 2022; Application deemed complete: December 30, 2022
Courtesy Notice Sent: March 2, 2020
Parcel size: 20.1 acres.
Existing Development: The parcel is currently developed with an approximately 7,000 s.f. winery hospitality building, approximately 8,000 s.f. of caves, uncovered crush pads, parking lot, entry driveway, and eight (8) acres of vineyards. A stream, as defined by County standards in code section 18.108.030, runs north-south through the site. It enters a culvert on the northern side of the winery development and daylights through the center of the access driveways between the crush pad and parking, before entering a southern culvert that drains to the south toward the adjacent property.
WINERY CHARACTERISTICS
Approved and Proposed Winery Characteristics
Winery Development Area Approved: 26,192 s.f. or .62 acres
Winery Development Area Proposed: 26,192 s.f. or .62 acres
Winery Coverage Approved: 137,485 s.f. or 3.15 acres, approximately 15 % of the property.
Winery Coverage Proposed: 139,729 s.f. or 3.2 acres, approximately 16% (Maximum 25% or approximately 15 acres permitted, whichever is less)
Production Capacity Approved: 48,000 gallons per year
Production Capacity Proposed: 100,000 gallons per year
Accessory/Production Ratio Approved: 6,575 s.f. accessory/17,000 s.f. production - approximately 38%.
Accessory/Production Ratio Proposed: 11,000 s.f. accessory/42,000 s.f. production - approximately 26%.
Number of Employees Approved: 13 full time
Number of Employees Proposed: 17 full time
Visitation - Approved: By-appointment only - 40 guests/day Monday-Thursday and 75 guests/day Friday-Sunday
Visitation - Proposed: By-Appointment - 125 guests/day Monday-Friday and 130 guests/day Saturday-Sunday
Marketing Program - Approved: 27 events per year with up to 24 guests per event; 2 events per year with up to 49 guests; 1 event per year with up to 100 guests; and 1 event per year with up to 300 guests
Marketing Program - Proposed in addition to the existing: 19 events per year with up to 120 guests and 4 events per year with up to 400 guests
Days of Operation - Approved: Monday through Sunday
Days of Operation - Proposed: No change
Hours of Operation - Approved: 7:00 a.m. - 6:00 p.m.
Hours of Operation - Proposed: No change
Cave - Approved: 16,000 s.f.
Cave - Existing: 8,000 s.f. with additional under construction
Cave - Proposed: 16,500 s.f. for a total of 32,500 s.f.
Parking - Approved: 49
Parking - Proposed: 54 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 and 300 feet from Yount Mill Road.
Existing Road setback: The original winery Use Permit P09-00185 included approval of Variance P09-00492-UP which allowed portions of the winery development to be developed within the setback, 520 feet from State Highway 29. Use Permit Modification P13-00054-MOD permitted replacement of an equipment storage building with an approximately 2,300 s.f. tasting room building. The building was located no closer than 520 feet from the highway. The hospitality building is located more than 300 feet from Yount Mill Road.
Proposed Road setback: The proposed winery building is located 600 feet from the highway and more than 300 feet from Yount Mill Road.
Adjacent General Plan Designation/ Zoning / Land Use:
All surrounding properties have a General Plan designation of Agricultural Resource (AR). The Zoning designation of most surrounding properties is Agricultural Preserve (AP) and includes wineries, vineyards, residences, and some undeveloped parcels. The adjacent property to the south includes an operating Bed and Breakfast. One property across the highway is partially zoned Commercial Limited (CL) and currently operates Mustards Grill.
Nearby Wineries located within 1 mile of the project - There are seven (7) wineries within one mile of the project. Please refer to Attachment K.
Parcel History:
October 2010 - The Planning Commission approved the original Ca' Nani Winery Use Permit P09-00185-UP and Variance P09-00492-VAR. This approval entitled a new, 48,000 gallon per year winery with a two-story, 16,243 s.f. winery building with 5,800 s.f. of offices, 1,670 s.f. of tasting/sales area; 2,281 s.f. of barrel storage, total 2,410 s.f. roof deck areas and 15,970 s.f. of cave area with four portals for a winery totaling 56,370 s f.; conversion of an existing 1,460 s.f., detached garage to a farm equipment storage building and a new 375 s.f. utility building; 13 fulltime and 2 part-time employees; 44 on-site parking spaces; new entrance monument and sign; up to 75 visitors per day (Fri-Sun) and 40 visitors per day (Mon-Thurs) by appointment only; a marketing plan with 27 events per year with a maximum of 24 people (10 as evening events ending at 10:00 PM), two events per year with a maximum 49 people, one event per year with 100 people, and one event per year with 300 people; and a new process wastewater septic system. Approval of a Variance was also granted to reduce the minimum 600-foot winery setback from SR 29/St. Helena Highway to 520 feet.
August 2013 - The Director approved Use Permit Modification No. P13-00054-MOD to allow phased development of the winery, replacement of a 1,460 s.f. equipment storage building with a 2,311 s.f. tasting room building, and installation of an interim 6,908 s.f. uncovered crush pad.
October 2014 - The Director approved Use Permit Modification No. P14-00141-MOD to modify the existing one-story tasting room building to add a 1,680 s.f. second story, relocate the fire tank and fire access road, reconfigure the parking lot, revise the design of the entry gate and structure, replace the existing garden trellis, add a crush pad to the south of the winery pad area, enlarge the mechanical room, and construct a retaining wall for the winery building.
October 2015 - The Planning Commission approved Use Permit Modification No. P15-00153-MOD to modify the existing 5,352 s.f. hospitality building, including converting approximately 375 s.f. of existing storage area to a commercial kitchen and tasting bar area, adding approximately 55 s.f. of storage space, adding of a tasting bar near the outdoor patio, and adding on premise consumption within the hospitality building and outdoor patio.
Building permits for construction of the winery development began processing in 2013. The property is currently developed with the winery hospitality building, cave, and a concrete outdoor work area in front of the cave. The original use permit approved a building in the center of the cave between the side cave portals. The building was never constructed and would be replaced by the current proposal. The existing, two-story hospitality building is yellow with white columns and ornamental design. The cave front is approximately 30 feet tall, measured from the ground floor level of the outdoor work area and cave portals. After initial construction the cave front was left as solid rock with stonework around the cave portals. In 2019, columns were added to the cave front and stonework in the shape of a face was constructed around the center of the cave, adding texture and detail. These elements were administratively authorized by the PBES Director, through Planning Division approval of a building permit. This application would locate the winery building in front of the cave, blocking the primary views of the cave design features.
Code Compliance History: There are no open cases on the property.
Discussion Points:
Setting - The project is located on a 20.1 acre parcel approximately 1.3 miles north of the Town of Yountville. The project site can be accessed via four existing driveways. The driveway on State Highway 29 (SR 29) serves as the main entrance used by the public, while the driveways on Yount Mill Road are reserved for employee use, agriculture and winery vehicles, and trucks during harvest. The parcel is currently developed with an approximately 7,000 s.f. winery hospitality building, an approximately 8,500 s.f. cave, uncovered crush pads, parking lot, entry driveway, and eight (8) acres of vineyards. Surrounding properties include residences, vineyards, wineries, and undeveloped land. The closest offsite residence is located on the parcel to the north, approximately 300 feet from the existing hospitality building and approximately 400 feet from the new winery building.
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 and permit on-premises consumption in additional areas on site. Physical changes on site include construction of an approximately 10,500 s.f. winery building with a 700 s.f. lounge building, hospitality areas on the second patio level, creation of the Grotto courtyard between the new winery building and existing cave front, an approximately 16,500 s.f. cave expansion, including a commercial kitchen, cabanas on the existing hospitality building patio, additional parking spaces, and improvements to an existing driveway off Yount Mill Road for non-public, emergency access. The winery will install a water filtration system to treat winery process waste for reuse of water for landscaping. This system would replace the existing use of hold and haul.
Visitation and Marketing - The winery is currently permitted by appointment tours and tastings for 40 visitors per day Monday-Thursday and 75 visitors per day Friday-Sunday. The proposed project would increase visitation to 125 visitors per day Monday-Thursday and to 130 visitors per day Friday-Sunday. Weekly visitation would increase from 385 visitors to 890 visitors with annual visitation increasing from 20,020 to 46,280. The number of marketing events would increase from 31 events to 54 events. The additional events include 19 events with up to 120 guests and four (4) events with up to 400 guests. Total event guests would increase from 1,146 guests to 5,026 guests. The Winery Comparison tables compare the winery’s existing and proposed levels to other wineries producing 100,000 gallons annually. The table is divided into wineries 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 more than double the average daily, weekly, and annual visitation of the other wineries. The number of events and total event guests is also more than double the average. In comparison to pre-WDO wineries the proposed visitation is higher than average daily, weekly, and annual visitation of the other wineries. The number of marketing events is lower than the average, but the total event guests is significantly higher. The maximum number of annual guests at the winery would increase from 21,116 to 51,306. This total is higher than the average for both by-appointment and pre-WDO wineries.
Employees - The winery proposes to increase employees from 13 to 17.
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 does not exceed the threshold requiring preparation of a traffic study, 110 net new daily trips, therefore the project is not required to prepare a traffic study. However, the project included a Traffic Impact Study (TIS) prepared by W-Trans, dated April 21, 2020, that was prepared prior to the County’s updated TIS Guidelines which went into effect in January 2022. Analysis of project Level of Service (LOS) impacts is no longer applicable to the CEQA analysis, however the TIS recommends limiting times on scheduling of trips in order to limit impacts to the LOS in the project area. Recommendations have been included in conditions of approval from the Department of Public Works. Recommendations include scheduling marketing events such that no trips would be generated during peak hours in order to limit impacts to LOS. Specifically, large events should be scheduled to start and end outside peak periods for traffic on SR 29; between 4:00 and 6:00 p.m. on weekdays and between 1:00 and 3:00 p.m. on weekends. The trip generation does not exceed the threshold requiring a Vehicle Miles Traveled (VMT) analysis, the TIS includes the applicant’s proposal for a Traffic Demand Management (TDM) Plan with the intent of reducing VMT. The winery’s TDM program could provide information, encouragement, and access to non-motorized travel options for both employees and guests, to reduce the number of vehicle trips and overall VMT. Report recommendations include carpool incentives, financial incentives for carpooling or biking to work, guaranteed ride home program, bicycle parking, shuttle service, and designation of a Transportation Coordinator. The winery currently has 49 parking spaces and proposes to add five (5) additional spaces for a total of 54 parking spaces. The TIS determined that the proposed parking supply is adequate for the anticipated demand during typical harvest operation, but inadequate for the 120-person and 400-person events. For large events the applicant shall provide shuttle services or arrange for guests to park off site. See Attachment B - COA No. 4.3.j.
Noise - Production activities would take place in the cave, limiting production related noise. Visitation and marketing events would increase with this modification and new areas would be permitted for visitation and outdoor tastings. Cabanas are proposed in the outdoor area adjacent to the existing hospitality building. The cabanas would be tucked into the existing trees and landscaping in the outdoor area. The hospitality building would remain between the outdoor area and the closest residence. In addition to the cabanas the proposed Grotto courtyard and the second story terrace at the new winery building could be used for hospitality. The closest portion of the winery building second story outdoor area is approximately 310 feet from the closest residence. The Grotto is approximately 20 feet below the second story and effectively enclosed by the proposed winery building and existing cave front.
The proposed project includes use of outdoor speakers at the existing hospitality building outdoor patio, and the new Grotto, and winery building second story terrace. The speakers would be used to play background music during visitation hours and daytime events (11:00 a.m. and 1:00 p.m.). A study prepared by Illingworth & Rodkin, Inc. dated November 22, 2021, (See Attachment H)), summarizes the results of noise measurements taken to quantify the expected sound levels produced by outdoor speakers to determine the sound levels at the nearest residential property lines. The nearest garden speaker to this residential property would be located approximately 60 feet from the common property line and the nearest winery building speakers to this residential property would be located approximately 110 feet from the common property line. The residence is approximately 200 to 250 feet from the property lines, resulting in distances of approximately 260 feet and 310 feet from the speaker location to the closest portion of the residence. At a distance of 60 feet, representing the closest property line, the typical noise level produced by the speaker (61 dBA L50) would be reduced to 40 dBA L50 assuming hemispherical spreading losses and no additional attenuation from intervening structures. At 110 feet, the typical noise level produced by the speaker would be 34 dBA L50 or less. The calculated noise levels would meet the noise limit established by Napa County set at 45 dBA L50. At these distances, the sound levels from background music would be 25 dBA L50 or less and inaudible above other ambient sources of noise in the project vicinity. The nearest residential property to the north, along Yount Mill Road, is located over 450 feet from the nearest speakers proposed within the tasting room garden. At a distance of 450 feet, background music sound levels are calculated to be 22 dBA L50 or less. Noise levels produced by background music in the Grotto and winery building would be less. It was observed during the noise survey, that background music played at typical levels would not be audible above other ambient noise sources in the areas. Similarly, noise levels would be inaudible at distant receptors to the west and southwest because of the greater distances separating the noise source and receptors and the proximity of these receptors to SR 29. As stated above, use of the outdoor speakers for background music only, could be used during daytime events (11:00 a.m. and 1:00 p.m.), but would not be permitted for events occurring during evening hours (after 6:00 p.m.). Use of other outdoor amplified music or sound systems would not be permitted for use at any hospitality or marketing events. A condition of approval has been added to ensure compliance with this restriction. See Attachment B - COA No. 4.20.b. Continuing enforcement of Napa County’s Noise Ordinance by the Code Enforcement Division and the Napa County Sheriff would further ensure that marketing events and other winery activities do not create a significant noise impact. 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 (af/yr). Based on direction from the Board of Supervisors and 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 to 0.3 acre feet per acre per year calculation, a no net increase in groundwater use is required. The parcel is located within the GSA Subbasin with the existing well serving the winery on the eastern hillside above the cave. For the 20.1 acre parcel the water allocation is 6.03 acre feet per acre per year. An onsite water audit was completed, and the existing water use associated with the winery and vineyards is estimated to be 8.39 acre feet. Because the existing water use exceeds the 0.3 acre feet per acre per year allocation, the applicant revised the project to lower 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 to approximately 10.73 acre feet. In order to offset the increase resulting from operational changes, the applicant proposes to reduce water use by 2.5 acre feet per year through installation of a water treatment bioreactor to process and recycle process waste water for use in irrigation and landscaping. Additionally, the applicant proposes to replace existing grass areas with low water use plants, limiting the size of the reflecting pool/fountain, and install water efficient fixtures. The use of recycled water and changes to operational water use would result in a minor decrease from the existing water use and comply with the no net increase requirement. Tier II and Tier III analyses are not required if the proposed project would remain at or below the existing conditions. The total water use on the parcel is estimated to be reduced from the existing conditions, therefore a Tier II and Tier III analysis are not required for this project
Conditions of approval have been added that require development of a Groundwater Demand Management Program, which includes a cap to ensure no net increase and monitoring of wells. See Attachment B - COA 4.20.a.; 6.15.a.; and 9.9.a.
Wastewater system - The winery has separate wastewater treatment systems for processing domestic wastewater and process wastewater. A Wastewater Statement, prepared by the project engineer Guadalupe Chavarria, explains that the existing domestic wastewater system design capacity can accommodate the proposed increase in employees, visitation, and other activities generating domestic waste. In order to treat process wastewater the project would install a water filtration bioreactor system. The system is designed to treat the proposed increase in production from 48,000 gallons to 100,000 gallons. The treated water will be reused in the landscaping and vineyard irrigation. Because this system would allow use of treated water on site, it would remove the need for the existing hold and haul system. The facility will have to enroll for coverage under the General Waste Discharge Requirements for Winery Process Water and meet discharge standards and monitoring requirements specific to the amount of waste discharged. The Division of Environmental Health reviewed this report and concurred with its findings, conditioning that the plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health. Ongoing water quality monitoring will be required.
Water System - The existing domestic water system is currently classified as a transient, non-community system. No improvements to the system are required.
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, there is currently a building permit under review for a solar array on the property that could be used to serve the winery. 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, 6.15.c. and 6.15.d. 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 winery’s TDM program could provide information, encouragement, and access to non-motorized travel options for both employees and guests, to reduce the number of vehicle trips and overall VMT. Report recommendations include: Carpool incentives, financial incentives for carpooling or biking to work, guaranteed ride home program, bicycle parking, shuttle service, and designation of a Transportation Coordinator.
Additionally, the applicant already implements the following greenhouse gas reduction methods at the winery: energy conserving lighting, water efficient fixtures, water efficient landscaping, local food production and composting food and garden materials, shade trees for natural cooling, electric vehicle charging stations, caves used for barrel storage, and 70-80% cover crop and reuse of vegetation biomass. New development resulting from this project will utilize energy conserving lighting and water efficient fixtures. There is currently a building permit under review for a solar array on the property that could be used to serve the winery. A condition of approval will be included to require implementation of the checked Voluntary Best Management Practices Measures submitted with the project application.
Tribal Cultural Resources - On March 29, 2022, 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. Staff received a response from the Yocha Dehe Tribe on April 12, 2022; the Tribe did not request to consult or provide comments.
Grape Sourcing - The parcel has eight (8) acres of vineyards. The applicant owns a number of other winery and vineyard properties in the County and stated they can accommodate the increase in production.
Conditions of Approval - Site improvements are required to be completed prior to beginning an increase in production, employees, visitation, and marketing. Improvements include installation of the process water treatment system and improvements to the Yount Mill Road driveway. A condition of approval regarding the timing of these improvements has been added. See Attachment B - COA 4.20.c.
Public Comments - Following posting of the Negative Declaration, staff received a comment letter from the California Department of Fish and Wildlife (CDFW), dated March 29, 2023. The first comment regarding submittal of a Lake and Streambed Alteration (LSA) Notification to CDFW has been added as COA 6.15.g. The second comment identified potential disturbances to Swainson’s hawk during the nesting season. The letter sited one nesting occurrence approximately 2.2 miles north of the project site from California Natural Diversity Database (CNDDB). References of additional sightings within a two-mile radius were from eBird (http://ebird.org), a public website for individuals to report bird sightings. Review of the website shows three records since 2019; the closest one being approximately 0.5 miles south of the property along St. Helena Highway. The letter also references review of Google Earth imagery for determining potential nest trees on and adjacent to the Project site. The CDFW letter acknowledges the location of the project within an existing vineyard operation and occurring on disturbed areas. Because no trees will be removed as a result of the project, as disclosed in the proposed Negative Declaration, potentially significant impacts to Swainson’s hawk or other nesting birds were not identified. Due to the above noted sightings, CDFW has required the inclusion of pre-construction surveys. Since the site is disturbed and substantial evidence of a potentially significant impact to nesting birds has not been identified in conjunction with the project proposal, staff has incorporated the pre-construction surveys as recommended by CDFW into the project’s conditions of approval, should the project be approved See Attachment B - COA 6.15.h.
At the time of publication of this staff report four (4) letters of support for the project and one (1) letter of opposition have been received. Staff has been contacted by other members of the public who intend to review the staff report and potentially provide comments. 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 infrastructure improvements. Operational changes include an increase in production along with an increase in employees, by-appointment visitation, and a revised marketing plan. Proposed physical improvements include construction of a winery building with second story terrace, lounge building, and Grotto courtyard. The winery building would be located in approximately the same location as a previously approved, but unbuilt building. Construction of cabanas in the outdoor patio of the existing hospitality building and use of the building balcony would slightly modify use of the hospitality building and outdoor area. The visitation and marketing are higher than other wineries producing 100,000 gallons. To reduce potential impacts, the winery has proposed changes to the winery treatment of process wastewater to treat water onsite and then reuse for irrigation. Additionally, this would reduce truck trips associated with the current hold and haul process. 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. 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 and Final Agency Approval Memos
C. Previous Project Conditions
D. Initial Study/Negative Declaration
E. Use Permit Major Modification Application Packet
F. Water Availability Analysis and Water Feasibility Report
G. Wastewater Statement
H. Environmental Noise Assessment
I. Traffic Impact Report
J. Graphics
K. Winery Comparison Analysis and Summary of Changes
L. Public Comments