TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Trevor Hawkes - Supervising Planner
REPORT BY: Matt Ringel - Planner III
SUBJECT: William Harrison Vineyards Winery Use Permit Application #P19-00099-UP
RECOMMENDATION
title
WILLIAM HARRISON / WILLIAM HARRISON VINEYARDS WINERY / WINERY USE PERMIT #P19-00099
CEQA Status: Consideration and possible adoption of Categorical Exemption Class 4. It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. The project will not impact an environmental resource of hazardous or critical concern, has no cumulative impact, there is no reasonable possibility that the activity may have a significant effect on the environment due to unusual circumstances, will not result in damage to scenic resources, is not located on a list of hazardous waste sites, cause substantial adverse change in the significance of a historical resource or extract groundwater in excess of the Phase 1 groundwater extraction standards as set by the Department of Public Works. [See Class 4 (“Minor Alterations to Land”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15304; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B, Item No. 10 - Construction and operation of small wineries]
Request: The proposal is to grant a Use Permit for an existing 20,000-gallon winery established under a Small Winery Use Permit Exemption, dated November 26, 1986, to allow the following: A. Components Necessary to Remedy Existing Violations: (1) Recognition of visitation of 32 visitors per day with a weekly maximum of 175 visitors and a yearly maximum of 5,000 visitors; (2) Recognition of a marketing program in the form of two (2) events per year with a maximum of 41 guests with catered food; (3) Recognition of employees from one (1) full-time employee and one (1) part-time employee to two (2) full-time employees, one (1) part-time employee, and one (1) harvest employee; (4) On-premises outdoor consumption tasting area of wines produced at the winery in accordance with Business and Professions Code Sections 23358, 23390, and 23396.5; (5) Installation of a left turn lane from Silverado Trail to the project driveway; and (6) Installation of a public water system and associated improvements; B. Expansion Beyond Existing Entitlements: (1) Increase visitation to 32 visitors per day with a weekly maximum of 224 visitors and a yearly maximum of 5,000 visitors (A maximum of 28 persons per day during weekday harvest activities and a maximum of 30 persons per day during weekend harvest activities); (2) Increase and reconfiguration of a marketing program in the form of nine (9) events per year with a maximum of 30 guests and one (1) event per year with a maximum of 40 guests. Events to include catered food. On marketing event days, winery shall not exceed 40 Average Daily Trips (ADT); and (3) Increase in employees from two (2) full-time employees, one (1) part-time employee, and one (1) harvest employee to three (3) full-time employees, two (2) part-time employee, and one (1) harvest employee. The project is located on an approximately 8.8-acre parcel within the Agricultural Preserve (AP) zoning district with a General Plan land use designation of Agriculture, Watershed, and Open Space (AWOS) at 1443 Silverado Trail, St. Helena, 94574; APN: 030-250-006-000.
Staff Recommendation: Find the project categorically exempt and approve Use Permit Application No. P19-00099-UP, as conditioned.
Staff Contact: Matt Ringel, Planner III, Matthew.ringel@countyofnapa.org, (707) 299-1351
Applicant Contact: William Harrison, 1443 Silverado Trail S., St Helena, CA 94574
Applicant Representative Contact: Scott Greenwood-Meinert, Coblentz Patch Duffy & Bass LLP, sgreenwood-meinert@coblentzlaw.com, (415) 391-4800body
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EXECUTIVE SUMMARY
Proposed Actions:
That the Zoning Administrator:
1. Find the project Categorically Exempt from CEQA based on recommended Findings 1 through 3 of Attachment A;
2. Approve the Use Permit Application (P19-00099-UP) based on recommended Findings 4 through 8 of Attachment A and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
This application was submitted to participate in the County’s Code Compliance Program as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018. The proposal is to grant a Use Permit for an existing 20,000 gallon winery established under a Small Winery Use Permit Exemption, dated November 26, 1986, to recognize and approve items that are out of compliance with the permitted Certificate of Exemption and for expansion beyond existing entitlements.
The winery facility is at the base of a hillside, located on the Valley floor. The winery facility includes one 4,880 sq. ft. (enclosed space) building, with both production and accessory space. The structure also includes a rear covered crush pad and front outdoor tasting patio. The facility includes a total of 7,550 sq. ft. of production space and 2,670 sq. ft. for accessory uses, with a 27% production to accessory ratio. The second floor of the winery includes a residential Guest Cottage, not to be used in association with winery activities. The project includes the installation of a left turn lane, approximately 960 cubic yards of earthwork, the removal of two (2) oak trees, the planting of six (6) oak trees, recognition of existing parking spaces, an employee increase, and the establishment of a visitation and marketing program.
Staff has reviewed the proposed project and supports granting approval. Wineries are conditionally permitted uses within the Agricultural Preserve (AP) zoning district. The project is located within 0.5-miles of four existing wineries and is surrounded with residential homes primarily containing agricultural uses, as well as vacant land. The majority of the parcel is existing vineyard and includes a single-family residence and two detached garages. The project proposes a decrease in the parcel’s water demand from existing conditions with the implementation of reduced watering on the parcel’s existing vineyard. The winery would use approximately .488 acre-feet per year (af/yr), bringing the parcel’s proposed water usage to 4.018 af/yr. The Water Availability Analysis, prepared by RSA+, details that the proposed 4.018 af/yr water usage is below the parcel’s estimated yearly groundwater recharge total of 10.21 af/yr.
Based on the reasons stated above, staff recommends approval of the project, subject to the recommended Conditions of Approval included in Attachments B.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of Categorical Exemption Class 4. It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. The project will not impact an environmental resource of hazardous or critical concern, has no cumulative impact, there is no reasonable possibility that the activity may have a significant effect on the environment due to unusual circumstances, will not result in damage to scenic resources, is not located on a list of hazardous waste sites, cause substantial adverse change in the significance of a historical resource or extract groundwater in excess of the Phase 1 groundwater extraction standards as set by the Department of Public Works. [See Class 4 (“Minor Alterations to Land”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15304; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B, Item No. 10 - Construction and operation of small wineries.]
BACKGROUND AND DISCUSSION
Owner/Applicant: William Harrison, 1443 Silverado Trail S., St Helena, CA 94574
Representative: Scott Greenwood-Meinert, Coblentz Patch Duffy & Bass LLP, sgreenwood-meinert@coblentzlaw.com, (415) 391-4800.
Zoning: Agricultural Preserve (AP)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Parcel size: 8.8-acre parcel
Application Filed: March 22, 2019, Application Deemed Complete: July 11, 2024.
Existing Development: The 8.8-acre site is currently developed with a winery building of 4,880 square feet of enclosed, occupied space, within the existing winery’s first and second floors; a covered crush pad and covered outdoor patio that totals 5,340 square feet; a residential Guest Cottage located on the second floor of the existing winery building; a single-family residence; two detached garages, and approximately 5.93-acres of vineyard.
Existing Winery Building Size: 4,880 sq. ft. (enclosed)
Proposed Winery Building Size: Unchanged
Existing Winery Development Area: 10,220 sq. ft. or 0.235-acres
Existing Winery Coverage Area: 37,340 sq. ft. or 0.86-acres (maximum allowed: 25 percent or approximately 2.36 acres).
Existing Accessory/Production Ration: 27 percent (maximum allowed: 40 percent)
Existing Production Capacity: 20,000 gallons
Proposed Production Capacity: Unchanged
Approved Number of Employees: One (1) full-time employee and one (1) part-time employee
Existing Number of Employees: Two (2) full-time employees, one (1) part-time employee, and one (1) harvest employee
Proposed Number of Employees: three (3) full-time employees, two (2) part-time employee, and one (1) harvest season employee
Approved Visitation: No visitation previously approved.
Existing Visitation: Hosted daily, tours and tastings by appointment for a maximum of thirty-two (32) visitors per day with a maximum of 175 visitors per week and a maximum of 5,000 visitors per year.
Proposed Visitation: Hosted daily, tours and tastings by appointment for a maximum of thirty-two (32) visitors per day with a maximum of 224 visitors per week and a maximum of 5,000 visitors per year. (A maximum of 28 persons per day during weekday harvest activities and a maximum of 30 persons per day during weekend harvest activities).
Approved Marketing Program: No marketing previously approved.
Existing Marketing Program: A total of two (2) events per year with a maximum of 41 guests with catered food.
Proposed Marketing Program: A total of nine (9) events per year with a maximum of 30 guests and one (1) event per year with a maximum of 40 guests. Events to include catered food. On marketing event days, winery shall not exceed 40 Average Daily Trips (ADT). The total amount of annual marketing guests allowed under the proposed project is 310.
Proposed Days and Hours of Winery Production: 6:00 A.M. - 6:00 P.M. Monday through Sunday
Proposed Days and Hours of Visitation: 8:00 A.M. - 5:00 P.M. Monday through Sunday
Proposed Hours of Marketing Events: 8:00 A.M. - 5:00 P.M. Monday through Sunday
Approved Parking: Four (4) parking spaces
Existing Parking: Fourteen (14) parking spaces, including one (1) ADA compatible parking space
Proposed Parking: Fourteen (14) parking spaces, including one (1) ADA compatible parking space
Setbacks:
Required road setbacks: 70 feet from the centerline of Silverado Trail
Required property line setbacks: 20 feet front, side, and rear yards setbacks.
Required Setbacks: The Design Criteria for Small Winery Exemptions (Resolution No. 86-55) required a 400-foot setback measured from the centerline of Silverado Trail and all State highways and a 200-foot setback on all other public roads measured from the centerline for building constructed on or after June 17, 1986.
Existing Setbacks: All winery related buildings are 400 or more feet away from the centerline of Silverado Trail and the proposed Use Permit application requests no changes to existing structures.
Adjacent General Plan Designation / Zoning / Land Use:
North: AWOS General Plan land use designation / Agricultural Watershed (AW) Zoning District / winery, agriculture, and single-family residential land uses
South: Agricultural Resource (AR) General Plan land use designation / AP Zoning District / single-family residential land uses
East: AWOS General Plan land use designation / AW Zoning District / winery, agriculture, and single-family residential land uses
West: AWOS General Plan land use designation / AW Zoning District / vacant parcel with agriculture land uses
Wineries in 0.5 Mile Vicinity:
The Terraces, Castellucci Family Winery, Pelosi Winery/Zinfandel Lane Vineyard, and The Ranch Winery.
Parcel History:
A Small Winery Use Permit Exemption was approved for the subject site on November 26, 1986, permitting a maximum production capacity of 20,000 gallons per year, a 4,880 square foot building, a covered crush pad, one (1) full-time employee and one (1) part-time employee, hours of operation of 8:00 a.m. to 5:00 p.m., and four (4) parking spaces. Visitation was limited to retail sales only with no public tours or wine industry visitation activity permitted.
Code Compliance History:
Applicant submitted this application to participate in the County’s Code Compliance Program as described in Resolution No. 2018-164. Pursuant to that resolution, a site inspection was conducted by Code Compliance, Planning, Engineering, and Fire staff on April 24, 2019, to identify any potential health and safety issues, as well as to review the existing use and proposed changes. Code Enforcement Case CE19-00125 was opened for the alleged violations outside the scope of the Use Permit and will be resolved by approval of this Use Permit request. All items identified at the initial site inspection have been addressed.
Discussion Points:
Zoning Administrator Hearing - The proposed project meets the criteria of Napa County Code Section 18.10.020(10), to allow the Zoning Administrator to hear the proposed conversion of a Small Winery Exemption to a Winery Use Permit.
10. Following a public hearing noticed in accordance with Section 18.136.040, use permits for small wineries as defined by Section 18.08.600 of this code that were issued a certificate of exemption prior to February 22, 1990, recognizing the extent of existing legal entitlements or allowing the following uses provided the application meets all of the following qualifications:
Staff Response: The proposal is to grant a Use Permit for an existing winery established under a Small Winery Use Permit Exemption, dated November 26, 1986; therefore, meets this requirement.
a. Has an annual maximum of twenty thousand gallons or less of wine production;
Staff Response: The proposal requests a maximum of twenty thousand gallons of wine production per year.
b. Generates no more than forty Average Daily Trips (ADT) (twenty round trips) by tasting room visitors, all winery employees including seasonal employees, and deliveries to the winery. The use permit will not trigger application of the Napa County Road and Street Standards unless the total ADT from all uses exceeds forty ADT or the inspection authority determines that improvements are required to comply with the State Fire Code, State Responsibility Area Regulations, or adopted left-tum warrants required for all projects;
Staff Response: The proposal generates no more than forty Average Daily Trips (ADT) (twenty round trips) by tasting room visitors, all winery employees including seasonal employees, and deliveries to the winery. Recommended Condition of Approval 4.3 further outlines this requirement by stating that “On days with marketing events the winery shall not exceed 40 Average Daily Trips (ADT) (twenty round trips).”
c. Has a maximum of ten thousand square feet of occupied space, including buildings, caves, and cut and cover caves, but excluding unenclosed space, such as covered crush pads;
Staff Response: The existing and proposed conditions only include 4,880 square feet of enclosed occupied space.
d. Conducts a maximum of eleven marketing events per year. Ten such events may allow attendees up to a total amount of vehicle trips that does not exceed twenty-four ADT (twelve daily round trips) and one such event may allow attendees up to a total amount of vehicle trips that does not exceed forty ADT (twenty daily round trips). The ADT for all winery uses, including deliveries, tours and tastings, and employees, on days when a marketing event occurs shall not exceed forty ADT; and
Staff Response: The proposal includes nine marketing events with 30 guests and one marketing event with 40 guests. Both proposed marketing event levels do not exceed their respective maximums of twenty-four ADT for the smaller events and forty ADT for the larger events.
e. Following approval of a use permit under this subsection, no subsequent application for an increase in production of wine, tasting room visitation, or marketing events shall be considered within two years after approval;
Staff Response: Recommended Condition of Approval 4.20(b) requires this two year timeframe be maintained.
Setting: Access to the project site is located off of Silverado Trail, approximately 0.15 miles south of the Silverado Trail and Zinfandel Lane crossroads. The project includes one parcel, APN: 030-250-006-000, approximately 8.8-acres in size and includes the existing winery, a single-family residence, two detached garages, and approximately 5.93-acres of vineyard. The site is generally flat with slopes between zero (0) and five (5) percent with the average elevation of 200 feet above mean sea level (amsl). The southwestern edge of the parcel elevation rises significantly, leading to the neighboring parcel that achieves slopes over 50%. According to County of Napa Environmental Mapping (GIS Vegetation layer) the property is identified as agriculture. Soil types include Cortina very stony loam, zero (0) to five (5) percent slopes and forward silt loam, moist, Major Land Resource Area (MLRA) 14 - Central California Coastal Valleys. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. There are several residences that measure between approximately 570 - 1,025 feet from the proposed winery.
Winery Proposal: The proposed project is to grant a Use Permit for an existing 20,000 gallon winery established under a Small Winery Use Permit Exemption, dated November 26, 1986, to recognize and approve items that are out of compliance with the permitted Certificate of Exemption and for expansion beyond existing entitlements such as number of employees, visitation, on-premises consumption of wine produced on-site, parking, necessary infrastructure improvements and upgrades, and to establish a tours and tastings marketing program.
Road and Access Improvements: The applicant proposes the installation of a left turn lane from Silverado Trail to the project driveway. The applicant has requested a phased visitation program and employee levels, allowing them to operate below the Department of Public Work’s left turn lane warrant level of 20 Average Daily Trips (ADT). Once the applicant has completed construction of the left turn lane, they would be able to operate at full capacity. The installation of the left turn lane requires a combined total of approximately 960 cubic yards of cut and fill. The road improvements will require either a lot line adjustment with the neighboring property or the recording of an easement to allow for ample space for the driveway’s expanded entry apron. The construction of the apron will require the removal of approximately two (2) oak trees. The applicant has proposed to replace the two (2) oak trees with six (6) oak trees in front of the winery structure.
Visitation and marketing: The proposed project voluntarily applied for a Use Permit within the County’s Code Compliance Program. Consistent with this program, staff has bifurcated their request to the recognition of existing conditions and a request for expanded conditions. Consistent with the definition of “marketing of wine” (County Code Section 18.08.370), the applicant proposes recognizing a visitation and marketing program to include tours and tastings for up to 32 guests per day with a maximum of 175 guests per week and a maximum of 5,000 visitors per year. Additionally, the applicant has requested an expansion beyond existing conditions to include tours and tastings for up to 32 guests per day with a maximum of 224 guests per week and a maximum of 5,000 visitors per year. The expanded visitation would include a maximum of 28 persons per day during weekday harvest activities and a maximum of 30 persons per day during weekend harvest activities. Visitation would be by appointment only and would occur between the hours of 8:00 a.m. and 5:00 p.m. (including cleanup), Monday-Sunday. The applicant also proposes the recognition of a marketing program in the form of two (2) events per year with a maximum of 41 guests with catered food. Expanding beyond existing conditions, the applicant has requested to reconfigure and expand their existing marketing program in the form of a total of nine (9) events per year with a maximum of 30 guests and one (1) event per year with a maximum of 40 guests. Events to include catered food. On marketing event days, winery shall not exceed 40 ADT.
Public Water System: After the installation of the proposed Left Turn Lane from Silverado Trail to the project driveway, the winery would be entitled to operate a daily visitation level at or in excess of that which would trigger the need for a Public Water System (25 people or more per day for 60 days or more per year). The applicant provided a “Water System Feasibility Study for a Regulated Public Water System”, prepared by RSA+, which analyzed the site’s existing water system and the upgrades required to meet Public Water System requirements. The study details that the existing well has a 25-foot concrete annular seal that does not meet construction requirements for use in a public water system; therefore, a new drill will be constructed before the winery could operate at the higher visitation level. The new replacement well will have a 50-foot annular seal and will be constructed to meet Public Water System requirements. The project has been conditioned to require that the proposed new replacement well be located further from the Napa River than the well that currently exists. Additionally, the public water system requires the installation of an approximately 10,000-gallon water tank, to be installed next to the winery’s existing water tank on the southern edge of the winery’s existing development area.
Ground Water: A Water Availability Analysis was prepared by RSA+ (RCS Report), dated June 6, 2024. As directed by the County Water Availability Analysis Guidelines (May 2015) the report includes Tier 1 calculations for the existing and proposed water uses and a groundwater recharge analysis for projects in ‘All other areas’. The Tier 1 analysis considered existing use onsite to include the existing single-family residence, vineyards, landscaping, and existing winery operations. The project proposes a decrease in the parcel’s water demand from existing conditions with the implementation of reduced watering on the parcel’s existing vineyard. The winery would use approximately 0.488 acre-feet per year (af/yr), bringing the parcel’s proposed water usage to 4.018 af/yr. This proposal would reduce the parcel’s water usage by 0.001 af/yr. The Water Availability Analysis, prepared by RSA+, details that the proposed 4.018 af/yr water usage is below the parcel’s estimated yearly groundwater recharge total of 10.21 af/yr.
Due to the parcel location outside of the GSA boundary, a parcel specific recharge calculation was prepared. The WAA estimated groundwater recharge by analyzing the 10-year average PRISM data and by accounting for the vineyard area, impervious area, oak canopy, and grassland/shrub areas on the parcel. The average annual rainfall collected over this 10-year time period is reported to be 21.52-inches per year. The estimated parcel specific recharge rate is 10.19 af/yr, which is above the proposed groundwater use of 4.018 af/yr. The proposed water use would not impact groundwater availability.
Source of Demand Existing (acre-ft.) Proposed (acre-ft.) Difference (acre-ft.)
Primary Residence 0.5 0.5 0
Vineyard/Landscaping 3.065 3.03 -0.035
Process Water 0.368 0.368 0
Employees 0.036 0.06 +0.024
Tasting Room Visitation 0.046 0.046 0
Events and Marketing, 0.004 0.014 +0.01
with onsite catering
Total 4.019 4.018 -0.001
Pursuant to the WAA Guidance (adopted May 12, 2015) Document (the County’s WAA), a Tier 2 analysis is not required, as the proposed project does not propose an increase in groundwater use.
The onsite well is located approximately 636 feet from the Napa River, a defined Significant Stream. Per the County’s Water Availability Analysis guidance document, May 12, 2015, projects located within 1,500 feet of significant streams require an analysis that review’s the well’s potential interconnectivity to said stream. Per the County’s Interim Napa County Well Permit Standards and WAA Requirements - January 2024, a Tier 3 analysis is not required if modifications to the location, construction, or operations of the project well(s) are made to reduce harm relative to current conditions based on the conclusions by a qualified professional. The June 6, 2024, Water Availability Analysis prepared by RSA+ took this approach. The analysis completed by RSA+ confirmed that the proposed project will be:
1. Reducing overall volume of groundwater usage by 0.001 ac-ft/yr by utilizing dry farming of
0.07 acres of vineyard.
2. Utilizing a new well pump that will be reducing the pumping rate from 50 gpm to 45 gpm.
Additionally, the installation of a Public Water System requires the construction of a new well that is to be located further from the Napa River than currently exists. Due to the project’s reduced water usage, reduced well pumping rate, and the new well’s increased distance from the Napa River, the project proposes modifications that reduce harm relative to current conditions based on the conclusions by a qualified professional and meets the criteria of the County’s Interim Napa County Well Permit Standards and WAA Requirements - January 2024.
Public Trust: The public trust doctrine requires the state and its legal subdivisions to “consider,” give “due regard,” and “take the public trust into account” when considering actions that may adversely affect a navigable waterway. (Environmental Law Foundation v. State Water Resources Control Bd. ; San Francisco Baykeeper, Inc. v. State Lands Com.) There is no “procedural matrix” governing how an agency should consider public trust uses. (Citizens for East Shore Parks v. State Lands Com.) Rather, the level of analysis “begins and ends with whether the challenged activity harms a navigable waterway and thereby violates the public trust.” (Environmental Law Foundation, 26 Cal.App.5th at p. 403.). As demonstrated in the Environmental Law Foundation vs State Water Resources Control Board Third District Appellate Court Case, that arose in the context of a lawsuit over Siskiyou County’s obligation in administering groundwater well permits and management program with respect to Scott River, a navigable waterway (considered a public trust resource), the court affirmed that the public trust doctrine is relevant to extractions of groundwater that adversely impact a navigable waterway and that Counties are obligated to consider the doctrine, irrespective of the enactment of the Sustainable Groundwater Management Act (SGMA).
On January 10, 2024, Napa County released the Interim Napa County Well Permit Standards and WAA Requirements - January 2024, providing guidance to complying with the Public Trust. The project proposes a reduction in groundwater usage, a reduction in the project well’s pumping rate, and a new well that is further from the Napa River than which currently exists; therefore, it has been demonstrated that the proposed project will reduce potential harm relative to current conditions.
Grape Sourcing: The proposed winery will have a maximum production of 20,000 gallons of wine. The approximately 5.93-acres of estate vineyards will provide grapes for production. The applicant has signed the County’s 75 Percent Grape Source Agreement.
Public Comments: Prior to the publication of this staff report, staff has not received any public comment.
Decision Making Options Regarding Remedying Existing Winery Violations
As noted in the Executive Summary Section above, staff is recommending approval of the components of the project necessary to remedy existing violations with conditions of approval as described in Option 1 below. Decision-making options also include a no project alternative and a reduced project alternative.
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This option would result in approval of existing visitation, employee levels, additional parking, installation of a public water system, and the installation of a left turn lane. Additionally, this option would bring the production and operation of the winery under a Use Permit, opposed to the existing Small Winery Exemption permit.
Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no traffic, groundwater or wastewater impacts associated with winery operations.
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 the time the motion is made. It has been determined that this option does not have a significant effect on the environment and is exempt from the California Environmental Quality Act.
Option 2 - Reduced Project Request
Disposition - This option would require that the applicant reduce their existing maximum daily visitation numbers, employment numbers, marketing events, and/or the hours of operation. The existing visitation requested for recognition is above the annual visitation average and median values of by appointment and Pre-WDO wineries of similar production capacity. The marketing program requested for recognition is below the average and median values of marketing program visitation for by appointment and Pre-WDO wineries of similar capacity.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and project specific conditions of approval to reduce the maximum daily visitation and/or number of marketing events and required conditions of approval. The item will 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 - This option would deny the applicant’s proposal to remedy existing violations and would require the applicant to operate the winery in compliance with the existing entitlements under the Small Winery Certificate of Exemption. This option would result in the need for an unpermitted employee to be laid off, a reduction in daily and weekly visitation, a reduction in operational hours and a reduction in parking. In the event the Zoning Administrator determines that the project does not or cannot meet the required findings for the granting of a Use Permit, the Zoning Administrator should identify what aspect, or aspects, of the project are in conflict with the required findings. State Law requires the Zoning Administrator to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action Required - Zoning Administrator would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Zoning Administrator on a specific date.
Option 4 - Continuance Option
The Zoning Administrator may continue an item to a future hearing date at its own discretion.
Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:
Staff recommends approval of the applicant's proposal as described in Option 1 below.
Option 1 - Approve Applicant’s Proposal (Staff Recommendation)
Disposition - This option would result in approval of an increase in number of employees, increased daily and weekly visitation, establish marketing events beyond their approved entitlements and their existing out of compliance levels.
County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no traffic, groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
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 the time the motion is made.
It has been determined that this option does not have a significant effect on the environment and is exempt from the California Environmental Quality Act.
Option 2 - Revised Project Request
Disposition - This option allows the Zoning Administrator to reduce all or some components of the requested expansion to visitation, marketing, employees, on-premise outdoor consumption tasting area of wines produced at the winery. The existing visitation requested for recognition is above the annual visitation average and median values of by appointment and Pre-WDO wineries of similar production capacity. The marketing program requested for recognition is below the average and median values of marketing program visitation for by appointment and Pre-WDO wineries of similar capacity. If the Zoning Administrator elects to pursue this option, the recommended Conditions of Approval would need to reflect the revised visitation, marketing, and employee numbers.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable Conditions of Approval to reduce the existing operations. 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 the Applicant’s Proposal
Disposition - This option would deny the applicant’s proposal to expand winery visitation, marketing, and employment levels beyond what was approved and necessary to remedy existing violations. This option would result in no expansion beyond existing levels.
In the event the Zoning Administrator determines that the project does not or cannot meet the required findings for issuance of a Use Permit, the Zoning Administrator should identify what aspect, or aspects, of the project are in conflict with the required findings. State Law requires the Zoning Administrator to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action Required - Zoning Administrator would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Zoning Administrator on a specific date.
Option 4 - Continuance Option
The Zoning Administrator 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. CEQA Exemption Memo
D. Winery Comparison Chart
E. Use Permit Application/Project Description
F. 1986 Small Winery Exemption Permit
G. Water Availability Analysis
H. Graphics