TO: Board of Supervisors
FROM: Brian Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Emily Hedge, Planner
SUBJECT: Rutherford Ranch Appeal - Continuance Requested to November 7, 2023
RECOMMENDATION
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PUBLIC HEARING 9:00 AM - Rutherford Ranch Appeal
Consideration and possible direction regarding an appeal filed by Water Audit California (Appellant) concerning the Rutherford Ranch Winery Use Permit Major Modification Application No. P19-00126 and Use Permit Exception to the Conservation Regulations Application No. P23-00145 submitted by Marko B. Zaninovich and Theo Zaninovich (Applicants) and the decisions made by the Napa County Planning Commission on June 21, 2023 to: (1) adopt the Negative Declaration; (2) approve Use Permit Exception to the Conservation Regulations No. P23-00145 to allow the following new improvements which encroach into minimum stream setback of 45 feet from top of bank: install two (2) water tanks, remove 15 unpermitted improvements located within the stream setback, restoration and revegetation of areas where improvements are removed, and recognition and continued use of the unpermitted pump house; and (3) approve Use Permit Major Modification No. P19-00126 to allow the following: recognition of days of operation Monday through Sunday and hours of operation for Production 6:00 a.m. - 5:30 p.m. and visitation 10:00 a.m. - 6:00 p.m., increase employment to 58 full-time and 5 part-time employees, increase visitation, tours, and tastings with seasonal fluctuations, approve a new marketing plan, allow on-premises consumption of wine, convert the entire residence to winery offices, install a commercial kitchen in the existing winery building, increase the number of parking spaces, and other related accessory and infrastructure improvements. The project site is located on a 17.37-acre parcel at 1680 Silverado Trail South, St. Helena, CA 94574. The General Plan designation is Agriculture, Watershed, and Open Space (AWOS) the Zoning is Agricultural Watershed (AW). APN: 030-300-030 (APPELLANT, APPLICANTS AND STAFF REQUEST A CONTINUANCE TO NOVEMBER 7, 2023 AT 9:00 A.M.)
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EXECUTIVE SUMMARY
The matter before the Board involves an appeal filed by Appellant to a decision by the Planning Commission on June 21, 2023 to: (1) adopt the Negative Declaration; (2) approve Use Permit Exception to the Conservation Regulations No. P23-00145; and (3) approve Use Permit Major Modification No. P19-00126 submitted by the Applicants.
Pursuant to the County's appeals ordinance (Napa County Code Chapter 2.88), a public hearing on the appeal
must be scheduled not less than twenty-five days nor more than ninety calendar days from submittal of an appeal. To accommodate Appellant’s, Applicants’ and Staff's schedules, it is requested that the appeal be heard on January 30, 2024. Since the Board has not finalized its 2024 meeting calendar yet the request is to continue the hearing to November 7th at which time the Board’s 2024 meeting calendar will likely be determined. In order to satisfy the ninety-day scheduling deadline in the appeals ordinance, all parties request that the Chair introduce the item, open the public hearing, and request a motion for continuance to November 7, 2023 at 9:00 a.m. Staff presentation and public testimony will not occur at the October 10, 2023, meeting. Applicants, Appellant and Staff all support the continuance.
PROCEDURAL REQUIREMENTS:
1. Chair introduces item and opens the public hearing.
2. Motion by a Board member and second by another Board member to continue the item to November 7th at 9:00 a.m.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
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
The matter before the Board involves an appeal filed by Appellant concerning Rutherford Ranch Winery Use Permit Major Modification Application No. P19-00126 and Use Permit Exception to the Conservation Regulations Application No. P23-00145 submitted by the Applicant and the decisions made by the Napa County Planning Commission on June 21, 2023, to: (1) adopt the Negative Declaration; (2) approve Use Permit Exception to the Conservation Regulations No. P23-00145 to allow the following new improvements which encroach into minimum stream setback of 45 feet from top of bank: install two (2) water tanks, remove 15 unpermitted improvements located within the stream setback, restoration and revegetation of areas where improvements are removed, and recognition and continued use of the unpermitted pump house; and (3) approve Use Permit Major Modification No. P19-00126 to allow the following: recognition of days of operation Monday through Sunday and hours of operation for Production 6:00 a.m. - 5:30 p.m. and visitation 10:00 a.m. - 6:00 p.m., increase employment to 58 full-time and 5 part-time employees, increase visitation, tours, and tastings with seasonal fluctuations, approve a new marketing plan, allow on-premises consumption of wine, convert the entire residence to winery offices, install a commercial kitchen in the existing winery building, increase the number of parking spaces, and other related accessory and infrastructure improvements.
On July 5, 2023, a timely notice of intent to appeal was filed by Appellant and a timely appeal packet was submitted on July 18, 2023.
Pursuant to the County's appeals ordinance (Napa County Code Chapter 2.88), a public hearing on the appeal must be scheduled not less than twenty-five days nor more than ninety calendar days from submittal of an appeal. In order to satisfy the ninety-day scheduling deadline in the appeals ordinance, Staff requests that the Chair introduce the item, open the public hearing and request a motion for continuance to November 7, 2023 at 9:00 a.m. It is expected that on November 7th the matter will be continued to the agreed upon date for the hearing of January 30, 2024. Because this is a simple continuance and the project will not be discussed, Staff presentation and public testimony will not occur at the October 10, 2023 meeting. The Staff presentation and presentations by the Applicants and Appellant along with public comment regarding the appeal and the project will occur at the hearing that is expected to be held on January 30, 2024. Written public comments should be submitted in advance of the January 30, 2024 hearing. Staff, Applicants and Appellant all support the continuance.