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File #: 24-1437    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 8/17/2024 In control: Planning Commission
On agenda: 9/4/2024 Final action:
Title: J. KEVIN CORLEY / KNOLLWOOD VINEYARDS / JUSTIN VINEYARDS / USE PERMIT #P19-00124 CEQA STATUS: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potential significant environment impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5. REQUEST: 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 for Domaine Montreaux, dated November 26, 1986, subsequent modifications, and to recognize and approve items that are out of compliance with the permitted Small Winery Certificate of Exemption and for expansion beyond existing entitlements such as production, number ...
Sponsors: Planning Commission
Attachments: 1. Attachment A Recommended Findings, 2. Attachment B Recommended Conditions of Approval, 3. Attachment C Previous Project Conditions, 4. Attachment D Initial Study/Negative Declaration, 5. Attachment E Use Permit Application Packet, 6. Attachment F Water Availability Analysis, 7. Attachment G Wastewater Availability Analysis, 8. Attachment H Trip Generation Worksheets, 9. Attachment I Graphics, 10. Attachment J Winery Comparison Analysis and Summary of Changes, 11. Item 7A - Additional Public Comment (received after initial agenda posting).pdf, 12. Item 7A-Justin Knollwood Memoranda PBES(added after meeting).pdf
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TO:                     Napa County Planning Commission

FROM:                     Brian D. Bordona, Director of Planning, Building and Environmental Services

REPORT BY:                     Wendy Atkins, Planner II

SUBJECT:                     Knollwood Vineyards / Justin Vineyards Use Permit P19-00124-UP

 

RECOMMENDATION

title

J. KEVIN CORLEY / KNOLLWOOD VINEYARDS / JUSTIN VINEYARDS / USE PERMIT #P19-00124

CEQA STATUS: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potential significant environment impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5. 

REQUEST: 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 for Domaine Montreaux, dated November 26, 1986, subsequent modifications, and to recognize and approve items that are out of compliance with the permitted Small Winery Certificate of Exemption and for expansion beyond existing entitlements such as production, number of employees, weekly visitation, marketing activities, on-premises consumption of wine produced on-site, parking, necessary infrastructure improvements and upgrades, and to establish a Tours and Tastings Marketing Program. The winery is located on a 31.7 acre parcel within the Agricultural Preserve (AP) zoning district and has a General Plan land use designation of Agricultural Resource (AR). The site is accessed via an existing private driveway off Big Ranch Road, approximately 0.4 miles north of the City of Napa city limits, 4101 Big Ranch Road, Napa, CA 94558, APN 036-190-026-000.

STAFF RECOMMENDATION: Adopt the Negative Declaration and approve the Use Permit recognizing the unpermitted activities and the expansion activities, subject to the recommended conditions of approval.

STAFF CONTACT: Wendy Atkins, Planner II, (707) 259-8757 or wendy.atkins@countyofnapa.org

APPLICANT CONTACT: J. Kevin Corley, 4242 Big Ranch Road, Napa, CA 94558; (707) 255-3400 or kevin@corleyfamilynapavalley.com

REPRESENTATIVE CONTACT:  Jeff Redding, 2423 Renfrew Street, Napa, CA  94558; (707) 255-7375 or jreddingaicp@comcast.net

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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;
2.
                     Approve Use Permit No. P19-00124 based on recommended Findings 8-12 in 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 request is to convert a Small Winery Use Permit Exemption to a winery through approval of a Use Permit and to remedy code compliance issues through recognition of existing violations and allow for an expansion of the winery as follows:

A. COMPONENTS NECESSARY TO REMEDY EXISTING WINERY SMALL WINERY EXEMPTION CERTIFICATE PERMIT VIOLATIONS:

1) Recognition of annual wine production from 20,000 gallons to 33,000 gallons;
2) Recognition of visitation from zero to an average of seven (7) visitors per day and 49 visitors per week, Monday through Sunday; average of 212 per month;
3) Recognition of visitation hours of operation to 10:00 a.m. to 6:00 p.m. seven days per week;
4) Recognition from two (2) full-time and two (2) part-time employees to six (6) full-time and five (5) harvest employees;
5) Recognition from six (6) to 16 parking spaces; and
6) Recognition of a converted 524 sq. ft. conference room to a tasting and reception area, foyer, and restroom.

B. EXPANSION BEYOND EXISTING ENTITLEMENTS:

1) Increase annual wine production from 33,000 gallons to 40,000 gallons;
2) Provide one (1) new parking space, one (1) will be ADA compatible, for a total of 17 spaces;
3) Installation of two (2) electric vehicle charging stations;
4) Increase visitation to a maximum number of 14 visitors per day, 98 per week, average 425 per month;
5) Four (4) additional full-time employees for a maximum of eight (8) full-time employees, two (2) part-time employees, and five (5) harvest employees;
6) Food and wine pairings for a maximum of 14 visitors per day;
7) Establish a marketing program in the form of 10 events per year with a maximum of 25 guests, two (2) events per year with a maximum of 50 guests, and one (1) event per year with a maximum of 100 guests;
8) 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;
9) Installation of driveway improvements consistent with Napa County’s Road and Street Standards; and,
10) Installation of updates to the existing wastewater system.

Staff has reviewed the application for a winery use permit to convert the existing winery which holds a small winery certificate of exemption to a winery with tours and tastings and to recognize and approve existing violations and the requests to expand operations at the winery beyond the existing entitlement. As described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018, the subject application was found to be substantially conforming. Staff prepared an Initial Study/Negative Declaration that evaluated the potential environmental impacts of the proposal as presented by the applicant which includes the expansions and new uses beyond existing entitlements. Accordingly, the County may use the winery’s existing operations as the environmental baseline for analysis under the California Environmental Quality Act (CEQA) related to this application. Staff determined that the applicant’s proposal would not have any potentially significant environmental impacts based upon the existing conditions of the parcel and given the proposed expansion of the winery is located within already disturbed areas. Therefore, staff recommends adoption of the Negative Declaration. Furthermore, staff found the requests for recognition and expansion to be consistent with the Zoning Ordinance and applicable General Plan policies including the County’s current Groundwater and Roads and Street Standard requirements.

 

ENVIRONMENTAL IMPACT

ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration the proposed project would have less than significant environmental impacts. In accordance with Section 15073 of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 20-day review period beginning on August 15, 2024, and running through September 4, 2024 (State Clearinghouse No. 2024080597). This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5

 

BACKGROUND AND DISCUSSION

PROJECT INFORMATION

Owner: J. Kevin Corley, 4242 Big Ranch Road, Napa, CA 94558; (707) 255-3400 or kevin@corleyfamilynapavalley.com

Representative:  Jeff Redding, 2423 Renfrew Street, Napa, CA  94558; (707) 255-7375 or jreddingaicp@comcast.net

Zoning: Agricultural Preserve (AP)

GP Designation: Agricultural Resource (AR)

Filed: March 27, 2019; Resubmittals Received: August 2, 2019, January 28, 2020, February 19, 2021, December 24, 2021, August 22, 2022, July 2, 2023, and January 8, 2024; Application deemed complete: February 2, 2024

Courtesy Notice Sent: March 6, 2020, and March 5, 2024

State Clearinghouse No. SCH 2024080597

Parcel Size: 31.7 acres

Existing Development: The 31.7-acre site is currently developed with 7,956 square foot winery building, parking area, access drive, and approximately 29.87 acres of vineyards.

WINERY CHARACTERISTICS

Winery Development Area Approved:  Not applicable under the Small Winery Exemption process
Winery Development Area: Existing: 10,910 or approximately 0.79%
Winery Development Area: Proposed: 11,165 or approximately 0.82%

Production Capacity Approved: 20,000 gallons per year
Production Capacity Existing: Actual maximum annual production was 33,000 gallons in 2018
Production Capacity Proposed: 40,000 per year. 20,000 gallons of annual wine production will be subject to the 75% grape sourcing rule

Winery Coverage Approved: Not applicable under the Small Winery Exemption process
Winery Coverage Existing: 25,774 square feet or approximately 1.87%
Winery Coverage Proposed: 43,325 square feet or approximately 3.14%

Accessory/ Production Ratio Approved: Not applicable under the Small Winery Exemption process
Accessory/ Production Ratio Existing:  1,382 sq. ft. accessory/10,526 production - approximately 13.13%
Accessory/ Production Ratio Proposed:  1,382 sq. ft. accessory/10,526 production - approximately 13.13%

Number of Employees Approved: two (2) full-time employees and two (2) part-time employees
Number of Employees Existing:  six (6) full-time employees and five (5) harvest employees
Number of Employees Proposed: eight (8) full-time employees, two (2) part-time employees, and five (5) harvest employees

Visitation - Approved: None; Not permitted under the Small Winery Exemption Regulations
Visitation - Existing: seven (7)/day maximum (average 49/week)
Visitation - Proposed: 14/day maximum (average 98/week)

Marketing Program - Approved: None; Not permitted under the Small Winery Exemption Regulations
Marketing Program - Existing: None
Marketing Program - Proposed: 10 events per year (25 guests per event), two (2) events per year (50 guests per event), one (1) event per year (100 guests per event)

Days and Hours of Operation - Approved: 8:00 AM to 6:00 PM daily (production hours) and no visitation hours
Days and Hours of Operation - Existing: 8:00 AM to 6:00 PM daily (production hours) and 10:00 AM to 6:00 PM daily (visitation hours)
Days and Hours of Operation - Proposed: Recognition of existing conditions

Parking - Approved: Six (6) spaces
Parking - Existing: Sixteen spaces not to County Standards
Parking - Proposed: Seventeen spaces (project will comply with California building code related to accessible parking and electric charging stations)

Setbacks:

Required Property line setbacks - 20 feet side and rear yard setbacks (for structures)
Existing Property Line Setbacks: 644 feet from the front property line 318 feet from the rear (west) property line, 232 feet from the side (north) property line, and 1,005 feet from the side (east) property line

Required Road 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 of buildings constructed on or after June 17, 1986.
Winery Definition Ordinance Required Road setbacks: 600 feet from the centerline of Big Ranch Road.

Existing Setbacks: The existing winery building is located approximately 670 feet from the centerline of Big Ranch Road.
Proposed Setbacks: There are no changes to the setbacks of the existing winery building

Adjacent General Plan Designation / Zoning / Land Use:

All surrounding properties have a General Plan designation of Agricultural Resource (AR) and Zoning designation of Agricultural Preserve (AP). Properties in the vicinity of the project site range in size from one (1) to 83 acres. Surrounding uses include vineyards, wineries, and residences. The nearest residence to the winery is approximately 500 feet to the northeast. The nearest winery, Fortunati Winery, is located approximately 1,455 feet to the southwest. Andretti Winery is approximately 1,581 feet to the northeast.

Nearby Wineries (located within 1 mile of the project): Please refer to Attachment J.

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 7,956 square foot building, two (2) full-time and two (2) part-time employees, hours of operation of 8:00 a.m. to 6:00 p.m. daily, and six (6) parking spaces. Visitation was limited to retail sales only with no public tours or wine industry visitation activity permitted. On August 12, 2011, a Very Minor Modification (P11-00274-VMM) authorized the construction of a 2,400 sq. ft. roof/canopy cover over the existing outdoor area. No other changes were authorized including authorization of public or by appointment Tours & Tastings.

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 23, 2019, to identify any potential health and safety issues, as well as to review the existing use and proposed changes. Code Enforcement Case CE19-00124 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:

Setting - The 31.7-acre site is located approximately 0.4 miles north of the City of Napa. The project site is currently developed with a winery building, two sheds, two wells (a winery and vineyard well), and a pump pad. Approximately 29.87-acres are planted in vineyards. Properties in the vicinity of the project site range in size from approximately one (1) to 83 acres. Surrounding land uses are primary vineyards, wineries, and residences. The nearest residence to the winery is approximately 500 feet to the northeast. Elevations range from approximately 60-feet to 70-feet above mean seal level.

Winery Proposal - The request is to grant a Use Permit for a winery previously established under a Small Winery Certificate of Exemption to recognize increases in wine production, visitation, hours of operation, employees, site improvements, market events, an on-premises outdoor consumption tasting area, and food and wine parings, which were not approved as part of the Small Winery Certificate of Exemption issued in 1984. Further, the request includes additional wine production, additional parking, and associated improvements as enumerated in the recommendation section of this report.

Days and Hours of Operation - Current production days and hours are consistent with entitlements as 8:00 a.m. to 6:00 p.m. daily. There are no proposed changes to production days and hours. With authorization of Tours and Tastings and Marketing activities, the applicant is requesting hospitality hours to be added and recognized as 10:00 a.m. to 6:00 p.m. daily.

Employees - The Small Winery Certificate of Exemption listed two (2) full-time and two (2) part-time employees. The applicant is asking for recognition of six (6) full-time and five (5) part-time employees and requesting a maximum of eight (8) full-time, two (2) part-time, and five (5) harvest employees.

Visitation and Marketing - The Small Winery Certificate of Exemption did not authorize visitation activities of any type which were not authorized under the Ordinance for establishing small wineries in 1980. The applicant is asking for recognition of seven (7) visitors per day maximum and 49 per week and requesting a maximum of 14 per day and 98 per week. The Small Winery Exemption also did not authorize marketing events; therefore, the applicant requests 10 events per year (25 guests per event), two (2) event per year (50 guests per event), and one (1) event per year (100 guests per event).

On-Premises Consumption of Wine Produced at the Winery - The applicant is proposing a 725 sq. ft. outside tasting area consistent with AB2004, located between the guest parking area and the winery building.

Traffic Analysis - 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. Per the County’s current TIS Guidelines, a project is required to prepare a TIS if it generates 110 or more net new daily vehicle trips. Based on the County’s winery trip generation assumptions, the proposed project would be expected to generate an average of 11 new trips per weekday (11 during harvest) and 11 new trips on the weekend (10 during harvest). The project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). All records of the Traffic Demand Management (TDM) activities and resulting data on reductions in Vehicle Miles Traveled (VMTs) will be kept and provided to the County as required. (See Attachment B - Condition of Approval (COA No. 4.20.b.)

Food Service - Daily food pairings will consist of pre-packaged food items. All food at marketing events will be prepared and provided by a county-approved catering company. Wine and food parings are requested, but food service would not be the predominant use. Visitation and marketing events would be required to conform to Conditions of Approval No. 4.2 and 4.3, respectively, which addresses food service as it relates to visitation and the marketing of wine.

Parking - The winery is approved for six (6) parking spaces. The applicant is asking for recognition of 16 parking spaces and requesting a total of 17 parking spaces subject to compliance with the County’s Road and Street Standards.

Sanitary Waste Disposal - A Wastewater Feasibility Report, dated July 17, 2024, was prepared by RSA+. A Vitalis Worm Farm treatment train is proposed. The proposal includes options to modify the treatment train for more desirable treatment process. A Biofiltro worm farm and a LYVE MBBR system are included as alternatives to the Vitalis treatment system. The systems will be designed by a licensed engineer and will be reviewed and approved by the Department of Environmental Health. 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.

Groundwater Availability - Per Napa County standards, the subject property is located within the Napa Valley Subbasin, so groundwater use is limited to a Reduced Water Use Screening Criteria of 0.3-acre-feet per acre per year (ac-ft/yr) or 9.51 ac-ft/yr based upon a 31.7 acre parcel. Where existing groundwater use exceeds 0.3 ac-ft/ac, no net increase in groundwater use is required. As described in the Water Availability Analysis (WAA) for Knollwood Vineyards, prepared by RSA+, dated July 17, 2024. The Tier 1 analysis established the current total water demand of 15.23 ac-ft/yr. Since there are no neighboring wells with 500 feet of the project well, a Tier 2 analysis was not required. The project well is located more than 1,500 feet to a significant stream, so a Tier 3 analysis was not required. The project site includes two (2) existing wells which will be used to serve the property, the vineyard and the winery. The current water use for the property (vineyard and winery) is 15.23 ac-ft/yr, the approved water usage for the property is 14.83 ac-ft/yr, and with the inclusion of 0.61 ac-ft/yr of reclaimed process wastewater, a decrease of 0.05 in vineyard usage, an increase of 0.17 ac-ft/yr for domestic water, an increase of 0.30 ac-ft/yr for process water, and increase of 0.10 for landscape water, the proposed water use for the property is 14.74 ac-ft/yr. Therefore, reducing the demands on the Vineyard Well from 14.35 ac-ft/yr to 13.69 ac-ft/yr; the Project Well demands do go up from 0.48
ac-ft/yr to 1.05 ac-ft/yr.  Since the proposed project will result in a net decrease of groundwater use, from 14.83 ac-ft/yr (approved) to 14.74 ac-ft/yr (proposed), the project complies with the no net increase requirement.

Public Trust (Tier 3) -Under public trust doctrine (the Doctrine), Napa County has an affirmative duty to take the public trust into account in the planning and allocation of trust resources, and to protect public trust uses whenever feasible. The Doctrine applies if extraction of groundwater adversely impacts a navigable waterway to which the public trust doctrine applies. In Napa County, the Napa River is the navigable waterway protected by the public trust doctrine. An analysis of impacts to trust resources is triggered by whether the groundwater extraction (whether new or the continued extraction or a reduction over existing extraction levels) is hydrologically connected to a navigable waterway or non-navigable tributaries of those waters. The analysis begins and ends with whether the proposed project harms a navigable waterway and thereby violates the public trust. To comply with longstanding California Supreme Court and Court of Appeal holdings, Napa County has determined that projects extracting water from wells within 1,500 feet of defined Significant Streams must submit a Tier 3 or equivalent analysis for the County to discharge its legal duties under public trust doctrine, whether the proposed project is proposing to extract more or less groundwater or remain at status quo (e.g., no net increase). The proposed project well is not located within 1,500 feet of a defined Significant Stream; therefore, a Tier 3 analysis is not required, and the Doctrine does not apply.

Grape Sourcing - The Small Winery Certificate of Exemption which authorized up to 20,000 gallons per year was approved in 1986 and was not subject to the County’s 75% rule. The 31.7-acre project site currently has approximately 29.87 acres of vineyards. Because an expansion is proposed beyond the winery development area as approved in the Small Winery Use Permit Exemption, the increase in production is subject to the County’s 75% rule. (See Attachment B - Condition of Approval - COA No. 4.6.)

Greenhouse Gas Reduction Strategies - The applicant intends to implement voluntary best management practices to reduce GHG emissions resulting from implementation of the project (Attachment E). These practices including connection to recycled water, implementing low impact development (LID), installing two (2) electrical vehicle charging stations, limiting the amount of grading and tree removal, and providing education to staff and visitors on sustainable practices.

Public Comments - As of the date of publication of this staff report, no public comments had been received.

Decision Making Options:

Pursuant to BOS Resolution No. 2018-164, Staff has provided separate decision-making options for the components of the project necessary to remedy the existing violation and the new expansions beyond existing entitlements for the winery Use Permit Modification.

Decision Making Options Regarding Remedying Existing Winery Use Permit Violations:

Option 1 - Approve Applicant's Proposal to Remedy Existing Violations. (Staff recommendation)

Disposition - This option would result in approval of existing visitation, production, hospitality visitation hours, employee levels, additional parking, and conversion of winery space to a hospitality area.

Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no 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. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.

Option 2 - Revised Project Request - Reduce Unpermitted Existing Operations

Disposition - This option allows the Planning Commission the ability to reduce uses on the property by decreasing the winery's existing unpermitted operations that exceed the permitted levels of their original entitlement under the Small Winery Certificate of Exemption. The reduction could include reduced visitation, employees, hours of operation, and reduction of parking.

Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this applicant’s project proposal. Staff recommends no changes to the proposed visitation, employee numbers, hours of visitation operation, additional parking. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised components such as visitation, use of existing buildings, 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 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 Applicant's Proposal - Return to Levels in the Permitted Entitlements

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 its existing entitlements under the Small Winery Certificate of Exemption. This option would result in the need for unpermitted employees to be laid off, a reduction in daily and weekly visitation, and a reduction in parking. In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit 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 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.

Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:

Option 5 - Approve Applicant's Proposal (Staff's Recommendation for Use Permit)

Disposition - This option would result in approval of an increase amount of production, increase in number of employees, increased daily and weekly visitation, establish marketing events beyond their approved entitlements and their existing out of compliance levels, and additional parking. Physical improvements would include installation of a Vitalis Worm Farm treatment train and an option to modify the treatment train for more desirable treatment process and widening of the existing driveway and parking area.

The CEQA analysis evaluated this request; no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant's request. There would be no 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. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.

Option 6 - Revised Project Request - Reduction to the Expansion Request

Disposition - This option allows the Planning Commission to reduce all or some components of the requested expansion to production, visitation, marketing, employees, food and wine pairing, on-premises outdoor consumption tasting area of wines produced at the winery, updates to the existing wastewater system, and additional parking beyond those necessary to remedy the existing violations. No potential environmental impacts have been identified with this applicant’s project proposal. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised production, 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 7 - Deny Applicant’s Proposal - Limit Winery Operations to Levels Approved Above to Remedy Existing Violations or original entitlements.

Disposition - This option would deny applicant’s proposal to expand winery operations, physical improvements, and visitation and employee levels beyond what was approved and necessary to remedy existing violations. This option would result in no expansion beyond approved or existing levels.

In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Variance and/or 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 modification is not being approved.

Action Required - Commission would make a motion to deny the applicant’s proposal to expand the project.

Option 8 - Continuance Option

The Commission may continue an item to a future hearing date at its own discretion.

ATTACHMENTS:
A.
                     Recommended Findings
B.
                     Recommended Conditions of Approval and Final Agency Approval Memos
C.
                     Previous Project Conditions
D.
                     Initial Study / Negative Declaration
E.
                     Use Permit Application Packet
F.
                     Water Availability Analysis
G.
                     Wastewater Feasibility Study
H.
                     Trip Generation Worksheets
I.
                     Graphics
J.
                     Winery Comparison Analysis and Summary of Changes