TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director Planning, Building and Environmental Services
REPORT BY: Matt Ringel, Planner III
SUBJECT: Harcross Winery Use Permit (P23-00105-UP), Viewshed Protection Program (P25-00031-VIEW), and Agricultural Erosion Control Plan (P23-00325-ECPA)
RECOMMENDATION
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BASIL AND ROBIN ENAN / HARCROSS WINERY / USE PERMIT P23-00105-UP, VIEWSHED P25-00031, AND AGRICULTURAL EROSION CONTROL PLAN P23-00325-ECPA
CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following area: Biological Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: Approval of a Use Permit to allow a new winery with an annual production capacity of 5,000 gallons per year with the following characteristics:
1) Construction of a new 8,496 sq. ft. winery facility containing 6,477 sq. ft. of production space and 2,019 sq. ft. for accessory uses, including a commercial kitchen;
2) Removal of 0.5 acres of woodland habitat, and the planting/preservation of 1.5 acres of woodland canopy on the project parcel in conformance with the Viewshed Protection Program and Conservation Regulations;
3) Excavation of approximately 5,780 cubic yards of spoils associated with the construction of structural pads;
4) Onsite parking for 4 vehicles;
5) Up to four (4) full-time employees, one (1) part-time employee;
6) On-site domestic and process wastewater treatment systems;
7) Hours of operation seven days a week: production 7:00 AM to 6:00 p.m. (non-harvest), visitation 10:00 a.m. to 4:00 p.m. and marketing events 10:00 a.m. to 10:00 p.m. (including cleanup);
8) Tours and tastings by appointment only for a maximum of 14 visitors per day with a maximum of 98 visitors per week;
9) Establishing a marketing program, which may include catered events, as follows; i) Ten (10) Wine Release/Wine Club Events annually for up to 24 guests; ii) One (1) Large Event annually for up to 50 guests;
10) On-premises consumption of wines produced on-site within the outdoor hospitality areas identified on Sheet UP2.2 and UP6.2 of the Site Plans, prepared by Nobili Marques Arquitectura, dated December 18, 2023, in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB 2004);
11) Driveway expansion and construction to meet commercial standards, landscaping, and other improvements associated with wineries;
12) Approval of a Viewshed request; and
13) Approval of an Agricultural Erosion Control Plan for the and the installation and maintenance of erosion and runoff control measures for the development and subsequent operation of approximately 3-acres of new vineyard (±2.5 net plated acres) with the following components/characteristics: i) Earthmoving and grading activities that include vegetation and tree removal, soil ripping (maximum depth of 48 inches), grading of approximately 500 cubic yards of cut and fill (balanced on-site) for land contouring, rock removal, disking, and the development or erosion control measures; ii) Temporary erosion control measures that include cover crop, straw wattles, erosion control blankets, and application of straw mulch at a rate of 3,000 lbs. per acre; iii) Permanent erosion and runoff control measures that include cross slope diversion ditches and subsurface drainlines to an existing level spread, outsloped vineyard avenues, water bars and rolling dips, and establishment of a permanent no-till cover crop maintained at a minimum vegetation cover density of 80%: vineyard avenues will also maintain a minimum cover density of 80%; iv) Installation of vineyard trellis and irrigation system, and planting rootstock on a 6-foot by 4-foot spacing pattern for a vine density of 1,815 vines per acre: the vineyard irrigation source would be from the existing onsite well. V) Ongoing operation and maintenance of the vineyard, which includes vine management (pruning, fertilization, and pest and disease control), weed control, cover crop mowing, irrigation and trellis system maintenance, and fruit harvesting. The management regime of the no-till cover crop would consist of mowing and late winter or early springtime strip spraying in an 18-inch-wide strip by contact or systemic herbicides: no pre-emergent spraying would be utilized as part of cover crop management.
The project is located on an approximately 51-acre site within the Agricultural Watershed (AW) zoning district with a General Plan land use designation of Agriculture, Watershed, and Open Space (AWOS) at 6476 Dry Creek Road, Napa, CA 94574; APN: 027-530-006-000.
Staff Recommendation: Adopt the Initial Study/Mitigated Negative Declaration prepared for the project and approve Use Permit No. P23-00105, Viewshed Protection Program No. P25-00031, and Agricultural Erosion Control Plan P23-00325, as conditioned.
Staff Contact: Matt Ringel, Planner III, Matthew.ringel@countyofnapa.org, (707) 299-1351
Applicant Contact: Basil & Robin Enan, 1765 Poppy Ave, Menlo Park, CA 94025, basilenan@gmail.com, (650) 867-0865
Applicant Representative Contact: Marta Marques, Nobili Marques Arquitectura, PO Box 10398, Napa, CA 95581, marta@nobilimarques.com, (415) 218-6258
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) based on recommended Findings 1-7 in Attachment B;
2. Approve the Use Permit request (P23-00105-UP) based on recommended Findings 8-12 in Attachment B, and subject to the recommended Conditions of Approval in Attachment C;
3. Approve the Viewshed Protection Program request (P25-00031-VIEW) based on recommended Findings 13-19 in Attachment B, and subject to the recommended Conditions of Approval in Attachment C;
4. Approve Agricultural Erosion Control Plan request (P23-00325-ECPA) based on recommended Findings 1-9 in Attachment D, and subject to the recommended Conditions of Approval in Attachment D.
Discussion:
The proposed winery facility is stepped into a hillside and consists of one aggregated structure that includes wine production space located on the ground floor and an accessory/hospitality area located on the second floor. The facility includes a looped driveway that circles around the proposed development area. The proposed vineyard is generally located in the open non-native grassland area between Dry Creek Road and the existing residence and proposed winery. The winery facility includes one 8,496 sq. ft. building, with both production and accessory space. The facility includes a total of 6,477 sq. ft. of production space and 2,019 sq. ft. for accessory uses, with a 31% production to accessory ratio. The project includes landscaping and design measures to blend the facility into the surrounding environment (in conformance with the Viewshed Protection Program), approximately 5,780 cubic yards of earthwork, the removal and replacement/preservation of oak trees at a 3:1 ratio, onsite parking for four (4) vehicles, the planting of approximately 3-acres of vineyards, establishing onsite employment, and the establishment of a visitation and marketing program.
Staff has reviewed the proposed project and supports granting approval, subject to the attached findings and recommended Conditions of Approval included in Attachments B and C, respectively. Wineries are conditionally permitted uses within the Agricultural Watershed (AW) zoning district. The project is located within 0.2-miles of 3 existing wineries and is surrounded with residential homes primarily containing agricultural uses, as well as vacant land. The majority of the project’s proposed disturbance area has previously been disturbed and includes a single-family residence and residential workshop. The increase in water demand from implementation of the winery and vineyard would be approximately 1.72 acre-feet per year (af/yr), bringing the parcel’s proposed water usage to 3.57 af/yr. The provided Water Availability Analysis, prepared by O’Connor Environmental, Inc. (OEI), details that the proposed 3.57 af/yr water usage is within the parcel’s estimated yearly groundwater recharge total of between 11.4 (conservate estimate) and 25.2 af/yr (maximum estimate). Process wastewater disposal would be accommodated through the irrigation of up to two acres of vineyard, as detailed in the Water Feasibility Report, prepared by Applied Civil Engineering.
The establishment of a winery and the planting of vines are typically independent actions; however, the applicant has proposed a winery wastewater treatment solution that relies on the establishment of the vineyards. Due to this factor, the two actions are dependent on one another, both included within this CEQA environmental analysis, and both brought before the Planning Commission.
Based on the reasons stated above, staff recommends approval of the project, subject to the recommended Conditions of Approval.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures. Mitigation measures are proposed for the following area: Biological Resources. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner/Applicant: Basil & Robin Enan, basilenan@gmail.com or (650) 867-0865
Representative: Marta Marques, Nobili Marques Arquitectura, marta@nobilimarques.com or (415) 218-6258
Zoning: Agricultural Watershed (AW)
General Plan Designation: Agriculture, Watershed and Open Space (AWOS)
Parcel size: 51-acres
Application Filed: April 21, 2023
State Clearinghouse Number: 2025040340
Existing Development: Access to the project site is located off of Dry Creek Road, approximately 0.9 of a mile due east of the western boundary of the County of Napa, 1.25 miles west along Dry Creek Road from the intersection of Dry Creek Road and Mount Veeder Road. The project includes one (1) parcel, APN 027-530-006-00, approximately 51.00 acres in size and includes an existing driveway, single-family residence, and a residential workshop. The parcel has two access entry points from Dry Creek Road. The project site’s access is shared with the parcel’s existing single-family residence that is located on a flat portion of the property that is approximately 920 feet above mean sea level (amsl). The site’s second entry point is located off Dry Creek Fork Road, a road the stems from an earlier portion of Dry Creek Road and leads to the parcel’s existing residential workshop that is approximately at 720 feet amsl. The proposed winery site is located on an undeveloped portion of a partially developed hillside with slopes between five (5) and thirty (30) percent slopes. Soil types include Sobrante loam, 5 to 30 percent slopes, Major Land Resource Area (MLRA) 15 - Central California Coastal Range. According to the County of Napa’s Environmental Mapping (GIS Vegetation layer) the lower elevations of the property are identified as upland annual grasslands & forbs formation, valley oak riparian forest; the proposed project site is mapped as coyote brush - California Sagebrush; and the undeveloped portion of the parcel between the two is mapped as Douglas-fir and California Bay - Madrone - Coast Live Oak Forest. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. There are several off-site residences that measure between approximately 810-860 feet from the proposed winery. Land uses that surround the proposed parcel are predominantly large lot residential properties and vineyards.
Proposed Winery Building Size: 8,496 sq. ft.
Proposed Winery Development Area: 7,125 sq. ft. or 0.164-acres
Proposed Winery Coverage Area: 29,625 sq. ft. or 0.68-acres (maximum allowed: 25 percent or approximately 12.75-acres).
Proposed Accessory/Production Ration: 31 percent (maximum allowed: 40 percent)
Proposed Production Capacity: 5,000 gallons
Proposed Number of Employees: Four (4) full time and one (1) part time.
Proposed Visitation: Hosted daily, tours and tasting by appointment for a maximum of fourteen (14) visitors per day with a maximum of 98 visitors per week, resulting in 5,110 visitors per year.
Proposed Marketing Program: A total of ten (10) marketing events per year allowing a maximum of 24 guests and one (1) marketing events per year allowing 50 guests. The total amount of annual marketing guests allowed under the proposed program is 290.
Proposed Days and Hours of Winery Production: 7:00 A.M. - 6:00 P.M. Monday through Sunday
Proposed Days and Hours of Visitation: 10:00 A.M. - 4:00 P.M. Monday through Sunday
Proposed Hours of Marketing Events: 10:00 A.M. - 10:00 P.M. (including clean-up)
Proposed Parking: four (4) parking stalls, one ADA compatible
Setbacks:
Required road setbacks: 30 feet from the centerline of Dry Creek Road
Required property line setbacks: 20 feet front, side, and rear yards setbacks.
Existing Setbacks: The existing residence meets all required road, front, side, and rear setbacks.
Proposed Setbacks: All winery related buildings are 300 or more feet away from the centerline of Dry Creek Road.
Adjacent General Plan Designation / Zoning / Land Use:
North: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District /agriculture, single-family residential, and vacant land uses
South: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agriculture and single-family residential land uses
East: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / single-family residential land uses
West: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / single-family residential and vacant land uses
Wineries in 2 Mile Vicinity:
Chateau Potelle, Dry Creek Mt. Veeder Winery, and Hakanson Winery.
Parcel History:
Habitat on the project site consist of Annual Grassland, and Mixed Oak Woodland. The site had been previously cleared and there is evidence of historic vineyards and terracing. The project parcel was impacted by the 2017 Nuns Fire, removing most of the woody vegetation that had begun to resprout within the grassland area. Many of the trees on the property were damaged in the 2017 fire. Some of the trees are recovering while others are declining. Dead trees have been removed by the applicant and CalFire has conducted brush removal. Historically, a single-family residence was located on the northeastern portion of the parcel, accessed via a separate driveway. In 2024 a new single-family residence was constructed next to the newly proposed winery site, and the previously existing single-family residence on the north eastern portion of the parcel was converted to a residential workshop.
Code Compliance History:
There are no records of prior code violations related to the project site.
Discussion Points:
Setting - Access to the project site is located off of Dry Creek Road, approximately 0.9 of a mile due east of the western boundary of the County of Napa, 1.25 miles west along Dry Creek Road from the intersection of Dry Creek Road and Mount Veeder Road. The project includes one (1) parcel, APN 027-530-006-000, approximately 51.00 acres in size and includes an existing driveway, single-family residence, and a residential workshop. The parcel has two access entry points from Dry Creek Road. The project site’s access is shared with the parcel’s existing single-family residence that is located on a flat portion of the property that is at approximately 920 feet above mean sea level (amsl). The site’s second entry point is located off of Dry Creek Fork Road, a road that steams from an earlier portion of Dry Creek Road and leads to the parcel’s existing residential workshop that is approximately at 720 feet amsl. The proposed winery site is located on an undeveloped portion of a partially developed hillside with slopes between five (5) and thirty (30) percent slopes. Soil types include Sobrante loam, 5 to 30 percent slopes, Major Land Resource Area (MLRA) 15 - Central California Coastal Range. According to Napa County’s Environmental Mapping (GIS Vegetation layer) the lower elevations of the property are identified as upland annual grasslands & forbs formation, valley oak riparian forest; the proposed project site is mapped as coyote brush - California Sagebrush; and the undeveloped portion of the parcel between the two is mapped as Douglas-fir and California Bay - Madrone - Coast Live Oak Forest. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. There are several off-site residences that measure between approximately 810-860 feet from the proposed winery. Land uses that surround the proposed parcel are predominantly large lot residential properties and vineyards.
Winery Proposal - The proposed project includes the construction of a two-story winery structure that is proposed to be tucked into the hillside in order to reduce the project’s visibility from Dry Creek Road. The winery building will be approximately 8,496 sq. ft. and include wine production, barrel storage, employee areas, and hospitality. The proposed winery will include four parking spaces, including one ADA space. The site’s driveway will be constructed at a width to meet the Napa County Road and Street Standards and support the placement of three of the parking spaces. The winery access road will create a one-way loop around the winery facility. The top floor will contain a deck/garden area, which will be used for outdoor seating and onsite consumption of wine (AB 2004).
Access Improvements - The applicant proposes access improvements to the parcel’s existing driveway from Dry Creek Road. The driveway would include a one-way loop around the proposed winery site and would be constructed consistent with Napa County Road and Street Standards.
Visitation and Marketing - Consistent with the definition of “marketing of wine” (County Code Section 18.08.370), the applicant proposes a visitation and marketing program to include tours and tastings for up to 14 guests per day with a maximum of 98 guests per week. Visitation would be by appointment only and would occur between the hours of 7:00 a.m. and 4:00 p.m., Monday-Sunday. The applicant also proposes a total of ten (10) marketing events per year allowing a maximum of 24 guests and one (1) marketing event per year allowing 50 guests. Guests for the larger event will be transported to the site via shuttle/bus. The total amount of annual marketing guests allowed under the proposed program is 290. No visitation will occur on days with marketing events. The marketing events will occur between 10:00 a.m. and 10:00 p.m. (including cleanup). The proposed winery will be closed on Public Safety Power Shutoff (PSPS) and Red Flag Warning days.
Water - A Water Availability Analysis was prepared by O’Connor Environmental, Inc. (OEI), dated March 2025. As directed by the County Water Availability Guidelines (May 2015) the report includes Tier 1 calculations for the existing and proposed water uses and a groundwater recharge analysis, a Tier 2 well interference analysis, and a Tier 3 surface water interference analysis.
Tier 1: The Tier 1 analysis considered existing use onsite to include the existing single-family residence, residential pool, and potential future ADU. The existing groundwater usage is estimated at 1.85 af/yr. The proposed new project would increase groundwater use by 1.72 af/yr resulting in an overall water usage of 3.57 af/yr.
Source of Demand Existing (acre-ft.) Proposed (acre-ft.) Difference (acre-ft.)
Primary Residence 1 1 0
Potential Future ADU 0.75 0.75 0
Residential Pool 0.1 0.1 0
Vineyard 0 1.5 +1.5
Process Water 0 0.11 +0.11
Domestic & Landscaping 0 0 0
Employees 0 0.06 +0.06
Tasting Room Visitation 0 0.05 +0.05
Events and Marketing, with 0 0.01 +0.01
onsite catering
Total 1.85 3.57* +1.72*
*Totaled using unrounded values
Due to the parcel location outside of the GSA boundary, a parcel specific recharge calculation was prepared. The groundwater recharge was estimated by reviewing the soil properties and geological materials present and their ability to percolate groundwater to the saturated zone of the aquifer. Calculation of evapotranspiration using local climate data along with soil moisture storage and precipitation is believed to provide a more accurate representation of local conditions; evapotranspiration is the largest component of the water balance. The analysis used the PRISM data aggregated from a 10-year average for precipitation in Napa County between water year 2011-12 and water year 2020-21. The project WAA provided a “Maximum Estimate” and a “Conservative Estimate” for the parcel size reflecting the potential range of average annual groundwater recharge considering site specific hydrogeologic factors. According to the analysis, considering the uncertainty associated with subsurface conditions, two parcel specific recharge values have been calculated, the Maximum (25.4 acre-feet per year) and the Conservative (11.4 acre-feet per year) estimates for parcel recharge. Total proposed groundwater demand is 3.57 acre-feet per year, equivalent to 14% of the maximum and 31% of the conservative estimated annual groundwater recharge values adjusted for parcel area. The proposed water use would not impact groundwater availability.
Tier 2: Per the County’s Water Availability Analysis (WAA) Guidance Document (adopted May 12, 2015), a Tier 2 analysis is required when a neighboring off-site well is located within 500 feet of the project well or the well is located within 1,500 feet from a natural spring. The project well is located at a greater distance than either requirement; therefore, the proposed project meets the County’s Tier 2 requirements.
Tier 3: Per the County’s WAA, a Tier 3 analysis was performed to evaluate potential groundwater to surface water interaction. The project well is approximately 1,300 feet from Dry Creek, which traverses the north of the subject property. Dry Creek is a designated Significant Stream. According to the O’Connor Report, the surface seal for the project well is 52 feet deep and the uppermost perforations are at a depth of 78 feet. Napa County’s Tier 3 guidelines reference that the minimum depth of the well surface seal should be 50 feet and the depth of the uppermost well perforations should be 100 feet. O’Connor analyzes this difference and concludes that the deviation from the guidelines for depth of the uppermost perforations (78 feet versus 100 feet) has no significance with respect to groundwater-surface water interaction and potential streamflow depletion because the well is situated on a hillside above Dry Creek and the entire depth of the completed well lies approximately 100 feet above the channel bed of Dry Creek. O’Connor draws their conclusion due to site specific characteristics: “Though the depth of perforations is shallower than recommended, the entirety of the perforated interval of the well lies below a surficial landslide deposit that likely comprises an aquitard interfacing with Dry Creek.” Furthermore, O’Connor states that Figure 2 within the WAA “indicates that a strip of Quaternary alluvial deposits (map unit Qal) lies on the narrow valley floor of Dry Creek suggesting that Dry Creek would likely interact with alluvial deposits of Dry Creek. The landslide deposit appears to underlie the Qal based on the geologic log of Well 18, the only well record available within the Qal deposit (Figure 2 and Appendix A [of the WAA]). The Well Completion Report documents that the upper 40 ft of the Qal is Clay and that the perforations begin at a depth of 82 ft. This information indicates that the project well aquifer underlying Dry Creek is vertically separated from the stream bed of Dry Creek by the clay-rich landslide deposits that are expected to behave as an aquitard that would have very limited potential to exchange groundwater with surface water in Dry Creek.” Additionally, the effective pumping rate and actual pumping rate of the project well is consistent with the “Very low capacity pumping rate” category of wells (defined by Napa County to be less than 10 gallons per minute), and because the project well is more than 500 feet from the stream of concern. To verify that the proposed project continues to meet the “Very low capacity pumping rate”, condition of approval 4.20(c) has been implemented to require a flow restrictor be installed on the well head, before the winery building obtains final occupancy. The proposed project conforms to Napa County’s WAA Tier 3 guidelines. Due to these factors, the project well presumptively meets Napa County’s Tier 3 WAA guidelines for groundwater-surface water interaction. County has satisfied its duty to consider impacts to trust resources and no further analysis is required.
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). As disclosed and assessed in the Initial Study/Mitigated Negative Declaration and the WAA, the County concludes that no harm to (or less-than-significant impacts on) public trust resources would result from the proposed project.
The project’s impacts on all streams are anticipated to be avoided by establishing buffers and setbacks in compliance with County requirements for minimum setbacks. The project design complies with designated stream setbacks established by the Napa County Conservation Regulations and County Code Section 18.108.025. Streams and potential waters of the United States and associated Napa County stream setbacks are shown in the Plan Set (see Attachment I - Graphics). Due to these factors, the project well presumptively meets Napa County’s Tier 3 WAA guidelines for groundwater-surface water interaction. County has satisfied its duty to consider impacts to trust resources and no further analysis is required.
Sanitary Waste Disposal - An Onsite Wastewater Disposal Feasibility Study, dated April 14, 2023, was prepared by Applied Civil Engineering. This study details the proposed wastewater system to accommodate the proposed wine production, number of employees, and visitation program. Applied Civil Engineering’s study details that up to two acres of the proposed vineyards will be irrigated using treated winery process wastewater. All application of treated winery process wastewater must comply with the requirements of the Napa County Process Wastewater Guidelines for Surface Drip Irrigation. 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, conditions 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. Additionally, water quality would be maintained through standard stormwater quality treatment control measures and compliance with Engineering Division Conditions of Approval.
Greenhouse Gas Reduction Strategies - The applicant intends to implement voluntary best management practices to reduce GHG emissions resulting from implementation of the project (Attachment F). These practices include use of bus transportation for large marketing events, wastewater disposal by onsite subsurface irrigation, onsite stormwater management, LED lighting, a green living roof above the tasting room, water efficient fixtures, water efficient landscaping, and a production facility within the hillside which utilizes natural temperature control from the earth with window shading to be provided on west-facing windows and doors. Additionally, the applicant proposes to plant vineyards, which would sequester carbon.
Grape Sourcing - The proposed winery will have a maximum production of 5,000 gallons of wine. Once the newly planted onsite vines produce suitable fruit, the approximately 3-acres of on-site vineyards will provide grapes for wine production. Grapes will be procured from on-haul fruit while the newly proposed onsite vineyard is planted. The applicant has signed the County’s 75 Percent Grape Source Agreement.
Noise - The proposed project would result in a temporary increase in noise levels during grading and construction activities and the intermittent increase of ambient noise resulting from wine making and visitation. However, noise generated during by construction activities would be limited to daylight hours and the use of properly muffled vehicles. Outdoor amplified music is not proposed.
Biology - The proposed winery and vineyard site is predominately located on an undeveloped portion of a partially developed hillside parcel containing non-native grassland with slopes between five (5) and thirty (30) percent slopes. According to the Project Biological Resource Survey Report (Kjendsen Biological Consulting, September 2023) the property contains Semi-Natural annual grassland (or non-native grassland), mixed oak woodland Douglas-fir woodland, California Bay forest/woodlands and developed areas: the project area contains predominately non-native grasslands with oak woodland occurring along the eastern and southern margins of the project area.
In the early spring of 2023, CalFire conducted a fire mitigation project on Dry Creek Road and created a shaded fuel break along the length of the project parcel’s frontage to Dry Creek Road. The shaded fuel break removed non-native plant species and trimmed existing vegetation to an approximate height of 6-feet.
Based upon a review of the resources databases listed in the project’s Biological Resource Survey (Kjeldsen Biological Consulting September 2023), 35 special-status plant species have been documented in the vicinity of the project site. Seasonal protocol-level surveys were conducted for special status plants March through July 2020, April through July 2021, April through July 2022, and May, June and August 2023. Of these species none were identified as having the potential to occur within the project area, with the Project Biologists concluding that, the absence of serpentinite, wetlands including vernal pools and historic use of the property all contribute to the absence of special-status species of plants within or associated within the project area. The project biologist did acknowledge one special-status plant species recorded by the CDFW CNDDB near the property (Napa False Indigo) located approximately 0.5-miles west of the project site; however, the biologist found no evidence for the presence of this species during their surveys on the project site and property. Furthermore, none of the special-status plant species were observed during the three years of plant surveys conducted on the property and project site, as such these species were determined not to be present in the study or project area. For these reasons potential impacts to special-status plant species would be less than significant.
The GIS CNDDB Owl Habitat layer, shows the potential for owl habitat to occur on the subject parcel. The general attributes of Northern Spotted Owl (NSO) habitat include dense, multi-layered canopy of several tree species of varying size and ages with open spaces among the lower branches to allow flight under the canopy. NSO habitat also tends to include abundant logs, snags/cavity trees with broken tops or platform-like substrates. Forest Ecosystem Management prepared Northern Spotted Owl Assessments for Harcross Winery Project dated April 17, 2022 (Appendix C of the project’s Biological Resource Survey, Kjeldsen Biological Consulting September 2023), and December 13, 2023 Exhibit F). The NOS Assessments included six surveys a year from 2020 through 2023 for a total of 24 separate surveys. To meet the objectives for a protocol level surveys, 2-year surveys with 6 complete visits per year are required to determine the presence or absence of spotted owls (U.S. Fish and Wildlife Service (USFWS) Protocol for Surveying Proposed Management Activities That May Impact Northern Spotted Owls, dated (revised) January 9, 2012). The Forest Ecosystem Management assessment concluded that the project area does not have suitable Northern Spotted Owl habitat due to topography and vegetation type, grassy opening with a lack of trees, citing that in the interior region of the NSO range (as seen in Napa County) there appears to be a preference for well-shaded habitat in narrow, steep-sided canyons with north or east-facing slopes to assist in thermoregulatory needs, which the project site does not exhibit. In addition, the surrounding landscape was impacted by the 2017 Nuns Wildfire, and the impacts from the recent large-scale wildfires on Northern Spotted Owl nesting and movement are not known. While the project site does not support suitable nesting or foraging habitat, there is suitable Northern Spotted Owl habitat within ¼ mile of the project site and two known Northern Spotted Owl territories occur within ½ mile of the Parcel, and the project NSO Assessment has shown potential presence of NSO in the area.
Since a portion of the project would remove trees along the forest edge located at the southern and eastern project margins, activities that do not modify spotted owl habitat but will result in potential disturbance to spotted owls represent a potentially significant indirect impact to NSO. Forest Ecosystem Management recommends that disturbance-only Northern Spotted Owl protocol surveys are met before tree removal for this project and seasonal restrictions be applied to prevent disturbance to nesting owls to protect NSO. Mitigation measure BIO-1 requires preconstruction NSO survey, to occur prior to the removal of trees.
Specific to migratory birds and raptors, while the Biological Resource Survey did not identify suitable habitat for special-status bird species in the project area, they have the potential to nest within the woodlands adjacent to the project area. Tree removal along the southern and eastern periphery of the project site and the temporary and intermittent increases in noise levels due to project construction may cause nest abandonment and death of young or loss of reproductive potential at active nests located near project activities, resulting in potentially significant indirect and cumulative impacts to special-status bird species. Implementation of Mitigation measure BIO-2 will require preconstruction surveys for nesting birds to reduce this impact to less than significant level.
Kjeldsen Biological Consulting’s Biological Resource study disclosed that the Foothill Yellow-legged Frog (Rana boylii), a Species of Special Concern (SSC) have been known to occur in the area approximately a mile to the east and west of the project site. The analysis found that habitat for this species is not present on the property or within the project site. Therefore, there would be no impacts on Foothill Yellow-legged Frog or its habitat.
Based on the property zoning of Agricultural Watershed (AW) the project is subject to the vegetation canopy cover retention and removal mitigation requirements pursuant to the Conservation Regulations Napa County Code Section 18.108.020. This section requires 70% retention of the vegetation canopy cover on the parcel (or contiguous parcels under common ownership), and that any vegetation canopy cover removed as part of the project be mitigated at a 3:1 ratio (by acreage) via preservation or restoration, and permanently preserved through deed restriction or other means acceptable to the County.
The project site was impacted by the 2017 Nuns Fire. NCC Section 18.108.020(C) establishes that a minimum of 70% of vegetation canopy cover that existed on June 16, 2016, shall be maintained. Following the 2017 Nuns Fire, NCC 8.80.130 (Disaster Recovery Ordinance) updated the subject date to June 19, 2018, to account for fire-damaged properties. The vegetation canopy cover subject to the Vegetation Retention Requirements includes the oak woodland and coniferous forest vegetation communities. The applicant submitted a Canopy Retention Analysis, prepared by Applied Civil Engineering, dated March 2024. As determined by Applied Civil Engineering, the total June 19, 2018, canopy cover was approximately 44 acres. The total acreage of canopy cover considered for removal and conversion to winery development area is calculated at 0.5 acres. As proposed, the project would plant/preserve approximately 1.5 acres, resulting in over 100% retention compared to the 2018 condition. This is in compliance with NCC Section 18.108.020(C). The proposed total canopy cover removal of 0.5-acre would require approximately 1.5-acre of planting or preservation area to comply with 3:1 preservation ratio found in NCC Section 18.108.020(D). Civil improvement plans shows one preservation area that totals 1.5-acres (on the north western portion of the parcel), an area of proposed planting between the project site and Dry Creek Road, and two other planting areas. The location of the trees also achieves substantial screening, in conformance with the Viewshed Protection Program.
In addition to the vegetation canopy cover analysis, the oak woodland removal is subject to General Plan Policy CON-24, which requires preservation or replacement of lost oak woodlands at a 2:1 ratio on an acreage basis. Based on the Land Covers figure of the General Plan, the total of oak woodland proposed for removal is 0.5-acre, resulting in a requirement of an approximate 1-acre oak woodland preservation area to be consistent with County policy. The Tree Canopy Exhibit and Land Covers Exhibit demonstrate that the proposed oak woodland preservation area is greater than the 1-acre minimum, with an area of preservation and planting greater than 1.5-acres; therefore, the proposal is consistent with CON-24.
The property is zoned Agricultural Watershed (AW) and is therefore subject to the vegetation canopy cover retention and removal mitigation requirements pursuant to the Conservation Regulations Napa County Code Section 18.108.020. This section requires 70% retention of the vegetation canopy cover on the parcel (or contiguous parcels under common ownership), and that any vegetation canopy cover removed as part of the project be mitigated at a 3:1 ratio (by acreage) via preservation or restoration, and permanently preserved through deed restriction or other means acceptable to the County. Due to impacts from the fires in 2020, the vegetation canopy cover analysis shall be as configured on the parcel existing on June 19, 2018, pursuant to NCC Chapter 8.80.130, Conservation Regulations for Fire Damaged Properties. The vegetation canopy cover subject to NCC 18.108.020 includes the oak woodland and coniferous forest vegetation communities. The applicant submitted a Canopy Retention Analysis, prepared by Applied Civil Engineering, dated March 2024. As determined by Applied Civil Engineering, the total June 19, 2018, canopy cover was approximately 44 acres. The total acreage of canopy cover considered for removal and conversion to winery development area is calculated at 0.5 acres. As proposed, the project would plant/preserve approximately 1.5 acres, resulting in over 100% retention compared to the 2018 condition. This is in compliance with NCC Section 18.108.020(C). The proposed total canopy cover removal of 0.5-acre would require approximately 1.5-acre of planting or preservation area to comply with 3:1 preservation ratio found in NCC Section 18.108.020(D). Civil improvement plans shows one preservation area that totals 1.5-acres (on the north western portion of the parcel), an area of proposed planting between the project site and Dry Creek Road, and two other planting areas. The location of the trees also achieves substantial screening, in conformance with the Viewshed Protection Program.
In addition to the vegetation canopy cover analysis, the oak woodland removal is subject to General Plan Policy CON-24, which requires preservation or replacement of lost oak woodlands at a 2:1 ratio on an acreage basis. Based on the Land Covers figure of the General Plan, the total of oak woodland proposed for removal is 0.5-acre, resulting in a requirement of an approximate 1-acre oak woodland preservation area to be consistent with County policy. The Tree Canopy Exhibit and Land Covers Exhibit demonstrate that the proposed oak woodland preservation areas with an area greater than 1.5-acre being preserved, and therefore is consistent with Policy CON-24.
Conditions of approval related to vegetation canopy cover preservation and oak woodland preservation will be included to ensure the site is developed and preservation is incorporated as proposed. The project would not conflict with any local policies or ordinances. A less than significant impact would occur.
Cultural - On December 18, 2023, 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. The Yocha Dehe Wintun Nation responded by mail to Staff on January 26, 2024, and declined comment as the project site is not located within their aboriginal territories. On February 1, 2024, the County replied to the Yocha Dehe Wintun Nation and closed the consultation invitation because the Tribe did not request consultation. The County sent consultation closure notices to the Middletown Rancheria and to the Mishewal Wappo Tribe of Alexander Valley on February 1, 2024, because no request for consultation was received and more than 30 days had elapsed since the County’s consultation invitation was provided.
Archaeological Resource Service was contracted by the applicant to provide a Cultural Resource Study for project parcel. A cultural resource study of the property was completed in March of 2023. The study was conducted to determine the presence or absence of historical or archaeological resources, and potential impacts, if any, as a result of the proposed project. According to the study, no historical resources were observed on the site and the property contains no archaeological remains. The report concluded that no further study or specific recommendations are required.
The project would be expected to comply with standard Condition of Approval 7.2, which would require the construction of the project to cease, and a qualified archaeologist would be retained to investigate the site. Compliance with the project’s conditions of approval are expected to keep potential impacts to cultural resources from being potentially significant.
Transportation - As proposed the project would not conflict with any plans, ordinances or policies addressing the circulation system. Existing pedestrian and transit facilities serving the site are limited, though given the rural location of the project site and anticipated demand for these modes, this is considered an acceptable condition. The project has been conditioned by the Napa County Public Works Department. County Fire and Engineering divisions have reviewed the proposed plans for access and circulation and found them to be in compliance with the Napa County Road and Street Standards.
Based on maximum employee and visitor/guest data for the harvest/crush season, the proposed project would be expected to generate 26 daily trips on a weekday and 25 daily trips on a Saturday. Vineyard operational trips on peak days include but are not limited to pruning (typically occurring between March and April), weed control (occurring between March and June) and harvest (occurring in September and October) are anticipated to generate approximately 8 to 10 trips per day on the days these activities occur. Vineyard operational trips on an average day is anticipated to generate 0 to 4 trips a day. Based on these trip generation assumptions the maximum daily operational trips for the winery and vineyard are anticipated to be 36 trips per day.
Since operational and visitor trips associated with the project are below the 110-trip threshold in the Office of Planning and Research guidelines and the County’s TIS Guidelines and VMT screening criteria the project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Impacts would be less than significant.
The winery project was analyzed to determine whether the proposed parking supply would be sufficient for the anticipated daily demand during harvest conditions. The project site, as proposed, would have a total of 4 parking spaces (with one designated for ADA drivers). Visitors to the Winery will be by appointment only. On a busy day, the 14 visitors (10 to 11 daily vehicles) will arrive in a staggered arrangement so that there should never be more than 2 to 3 guest vehicles at the site at any one time. Occasionally, visitors will arrive in a higher-occupancy vehicle such as an SUV, minivan or smaller shuttle bus. The 4 to 5 employees per day would then occupy the remaining spaces. The project is designed to meet the Napa County Road and Street standards, to conform to the latest emergency access requirements, and the existing road system would continue to provide adequate emergency access to the project site. When larger marketing events are held, guests will be brought to the site via bus; furthermore, reducing the proposed project’s need for additional parking.
The vineyard project’s largest demand for parking is anticipated to be approximately 8 to 10 vehicles. Current county ordinances do not require formal parking for vineyard projects. Vineyard operational parking would typically occur within the vineyard avenues, which would satisfy parking demands of ongoing vineyard operation.
Viewshed Protection Program - Napa County Code Chapter 18.106 establishes:
18.106.030(A): Applicability-New and Expanded Structures. No building permit, erosion control plan for structural development, grading or other administrative permit shall be issued by any county staff, agency or department for any new structure or improvement to an existing structure if the structure is located on a slope of fifteen percent or more as defined in Section 18.106.020 or if the structure is located on any minor or major ridgeline as defined in Section 18.106.020 except as specifically provided for herein. The ordinance codified in this section shall apply to all new structures located on slopes of fifteen percent or more or located on a minor or major ridgeline. In the event of a conflict among the regulations in this chapter and those elsewhere in this code, the regulations in this chapter shall prevail. The provisions of this chapter shall also apply to projects undertaken by public agencies and special districts except for the maintenance of existing county public roads within existing rights-of-way.
The proposed project is location on slopes greater than 15% and would be visible from Dry Creek Road, a designated Viewshed Road; therefore, is subject to the Viewshed Protection Program. The Viewshed Protection Program, includes different review paths depending on project specific and site-specific factors. The applicant has requested review under NCC Section 18.106.050 - Processing of projects subject to review and approval by the zoning administrator or commission. The project’s conformance to the Viewshed Protection Program’s required findings has been detailed within Attachment B.
Public Comments - At the time of staff report preparation no public comments have been received.
Decision Making Options:
As noted in the Executive Summary Section above, staff recommends that the Planning Commission approve the project as proposed, subject to the findings and Conditions of Approval in Attachment A and B, respectively. However, staff has provided the following options for consideration by the Planning Commission.
Option 1 - Approve Applicant's Proposal (Staff Recommendation)
Disposition - This action would approve the project as proposed, allowing construction and operation of a 5,000-gallon per year winery with related tours and tastings and marking program that would allow up to 14 guests per day, seven days per week. The requested Use Permit would increase water demands, vehicle trips and miles, and wastewater generation at the property, in addition to adding approximately 7,125 sq. ft. of winery development area. New construction would be compliant with Napa County zoning code regulations for winery developments, including minimum setbacks from property lines and public roads, maximum lot coverage, and maximum building height. With implementation of mitigation measures pertaining to biological resources, potential environmental impacts of the project would be less than significant, and additional Conditions of Approval would be enforced with the intention of preserving public health, safety, welfare and convenience.
Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made.
Option 2 - Modify the Applicant’s Proposal and Reduce Visitation
Disposition - Should the Planning Commission determine that the intensity of the visitation and marketing plan should be reduced, the Commission may take action to reduce the number of daily, weekly, or yearly visitors and/or reduce the number of proposed marketing events and/or reduce the hours of visitation.
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. If significant revisions to the Conditions of Approval are required, the item may be continued to allow staff adequate time to prepare the revised conditions.
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, 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.