TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Chris R.Y. Apallas, Deputy County Counsel
SUBJECT: William Cole Winery Appeal - Findings of Fact
RECOMMENDATION
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Consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Appellant Water Audit California (Appellant or WAC) concerning the Napa County Planning Commission’s decision on May 1, 2024, to approve the William Cole Winery Use Permit Major Modification Application No. P19-00101-MOD and Variance P19-00441-VAR submitted by William and Jane Ballentine, William Ballentine Jr. and Jane Sorenson TR (Applicant or William Cole). (No Fiscal Impact)
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BACKGROUND
At the appeal hearing on October 15, 2024, the Board heard and considered evidence submitted from the Applicant, Appellant, Staff, and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to: 1) deny the appeal in its entirety; 2) adopt the Negative Declaration; 3) uphold the Planning Commission’s approval of the William Cole Winery Use Permit Major Modification Application No. P19-00101-MOD; 4) uphold the Planning Commission’s approval of the Variance P19-00441-VAR; and 5) approve the William Cole Winery project subject to the Conditions of Approval.
The Board directed staff to return on December 3, 2024, with a Resolution of Findings of Fact and Decision on Appeal. Staff has prepared a proposed Resolution that reflects the Board’s intent as expressed on October 15, 2024. As a courtesy, the resolution was shared with the Applicant and Appellant’s counsel in advance of today’s meeting solely for the purpose of confirming the resolution accurately reflects the Board’s intent of its tentative decision. Appellant submitted extensive comments far exceeding this limited scope of review, however some clarifications were made throughout the findings in order to make abundantly clear the winery project relies on only one well. The Appellant’s letter is attached for informational purposes. Applicant’s counsel submitted no comments. The public hearing is closed. Public comment is strictly limited to whether the proposed Resolution accurately reflects the Board’s intent as expressed on October 15, 2024. Staff believes the Resolution accurately reflects the Board’s intent and recommends the Board adopt the Resolution. The Board’s action today results in final approval of the William Cole Winery project.
Procedural Requirements:
1. Staff Report.
2. Chair invites Applicant, Appellant, and interested parties to comment on proposed findings. Comments are limited to whether the Resolution accurately reflects the Board’s tentative action.
3. Motion, second, discussion and vote on the Resolution.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.