TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director Planning, Building and Environmental Services
REPORT BY: Matt Ringel, Planner III
SUBJECT: Arrow and Branch Winery Use Permit Major Modification (P23-00057-MOD)
RECOMMENDATION
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STEVEN CONTURSI / ARROW AND BRANCH WINERY / USE PERMIT MAJOR MODIFICATION P23-00057-MOD
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 areas: Biological and Noise 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 Major Modification to include the following: an increase wine production from 30,000 gallons per year to 45,000 gallons per year, increase employment, increase daily tours and tasting by appointment only, increase marketing events, expansion of an existing winery building to create additional production and accessory space, construction of an covered terrace with outdoor tasting, installation of an approximately 81,000 gallon process water storage tank, and reconfigure existing parking.
The project is located on an approximately 10.09-acre site within the Agricultural Preserve (AP) zoning district with a General Plan land use designation of Agricultural Resource (AR) at 5215 Solano Ave, Napa, CA 94558; APN: 034-190-040-000.
Staff Recommendation: Adopt the Initial Study/Mitigated Negative Declaration prepared for the project and approve Use Permit Major Modification No. P23-00057-MOD, as conditioned.
Staff Contact: Matt Ringel, Planner III, Matthew.ringel@countyofnapa.org, (707) 299-1351
Applicant Contact: Steven Contursi, 1042 North Pacific Coast Hwy, Laguna Beach, CA 92651
Applicant Representative Contact: Donna Oldford, Plans 4 Wine, 2620 Pinot Way, St. Helena, CA 94558; dboldford@aol.com; (707) 204-5794
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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 Major Modification (P23-00057-MOD) based on recommended Findings 8-12 in Attachment B, and subject to the recommended Conditions of Approval in Attachment C.
Discussion:
The proposed project includes the increase of wine production from 30,000 gallons to 45,000 gallons per year, an expansion of production space, an expansion of space for accessory uses (wine tasting and offices), an increase of one full time employee from four (4) to five (5) full-time employees, and an increase to the winery’s existing by appointment visitation and marketing programs. Additionally, the proposal includes the construction of an outdoor terrace for wine tasting (Business & Professions Code §23358, 23390 and 23396.5), with a second floor outdoor patio above the terrace, landscaping improvements, relocation and reconfiguration of onsite parking, and the construction of a 81,000 gallon process water storage tank. The project includes approximately 1,500 cubic yards of earthwork for structural pads and exterior improvements., Staff has reviewed the proposed project and supports granting approval, subject to the attached recommended Findings and recommended Conditions of Approval included in Attachments B and C, respectively. Wineries are conditionally permitted uses within the Agricultural Preserve (AP) zoning district. The project is located within one (1) mile of seven (7) existing wineries and is surrounded with residential homes. The majority of the project’s proposed disturbance area has previously been disturbed and includes the existing winery. With the implementation of a process wastewater system that uses treated water to offset an existing water use for approximately four (4) acres of on-site vineyards, the proposed project would not increase groundwater demand. The winery will maintain a water use of 3.97 acre-feet per year (AFY).
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 areas: Biological and Noise 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: Steven Contursi, 1042 North Pacific Coast Hwy, Laguna Beach, CA 92651
Representative: Donna Oldford, Plans 4 Wine, 2620 Pinot Way, St. Helena, CA 94558; dboldford@aol.com; (707) 204-5794
Zoning: Agricultural Preserve (AP)
General Plan Designation: Agricultural Resource (AR)
Parcel size: 10.09-acres
Application Filed: March 14, 2023
Application Deemed Complete: November 19, 2024
State Clearinghouse Number: 2025080635
Existing Development: Access to the project site is located off of Solano Avenue, approximately 0.2 miles south of the intersection of Solano Avenue and Darms Lane. The project includes one (1) parcel approximately 10.09 acres in size and includes an existing winery and vineyards. The parcel has one ingress/egress point Solano Avenue. The project site is at approximately 115 feet above mean sea level (amsl). The proposed winery expansions are located within an developed and recently disturbed portions of the parcel with slopes between zero (0) and six (6) percent slopes. The property is adjacent to a blue line stream and contains Valley Oak (California Bay – Coast Live Oak – Walnut – Ash) Riparian Forest. Land uses in the area are dominated by large lot residential properties, wineries, and vineyards. There are several nearby off-site residences, with the closest measuring approximately 195feet to the northwest from the proposed winery.
Request: The proposal is to modify a Use Permit for an existing winery to allow the following:
1) Increase annual production capacity from 30,000 gallons to 45,000 gallons; 2)Expansion of an existing winery building by adding approximately 3,529 square feet of additional production space and conversion of approximately 1,721 square feet of space for accessory uses to production space, totaling 13,797 square feet of production space, and construction of approximately 4,308 square feet for additional accessory uses, totaling 4,687 square feet for accessory uses;; 3) Excavation of approximately 1,500 cubic yards of spoils associated with the construction of proposed structural pads and exterior improvements; 4) Increase employment from four (4) full-time employees to five (5) full-time employees; 5) Increase tours and tastings by appointment only from 15 visitors per day (up to 105 visitors per week) to 34 visitors per day (up to 238 visitors per week); 6) Increase a marketing program, which may include catered events, as follows; i. Increase from six (6) Small Events annually to twelve (12) for up to 30 guests; ii. increase from one (1) Large Event annually to two (2) for up to 125 guests (including bus/shuttle transportation for guests); 7) On-premises consumption of wines produced on-site within the outdoor hospitality areas identified on Sheet A1.01 of the Site Plans, prepared by Taylor Lombardo Architects, dated August 3, 2023, in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB 2004); 8) Hours of operation seven days a week: production 6:00 a.m. to 6:00 p.m., visitation 10:00 a.m. to 6:00 p.m. and marketing events 10:00 a.m. to 10:00 p.m. (including cleanup); 9) Relocation of onsite parking (no change in number of parking spaces); 10) On-site domestic and process wastewater treatment systems, including the installation of an approximately 81,000 gallon process water storage tank; and 11) Landscaping, and other improvements associated with wineries.
Existing Winery Building Size: 10,647 sq. ft.
Proposed Winery Building Size: 18,105 sq. ft.
Existing Winery Outdoor Covered Fermentation Size: 0 sq. ft.
Proposed Winery Outdoor Covered Fermentation Size: 620 sq. ft.
Existing/Proposed Winery Outdoor Covered Crush Pad: 1,206 sq. ft. (No Change)
Existing Winery Development Area: 15,250 sq. ft. or 0.35-acres
Proposed Winery Development Area: 18,988 sq. ft. or 0.43-acres
Existing Winery Coverage Area: 57,700 sq. ft. or 1.32-acres (maximum allowed: 25 percent or approximately 2.52-acres).
Proposed Winery Coverage Area: 61,812 sq. ft. or 1.42-acres (maximum allowed: 25 percent or approximately 2.52-acres).
Existing Accessory/Production Ration: 24.13 percent (maximum allowed: 40 percent )
Proposed Accessory/Production Ration: 33.97 percent (maximum allowed: 40 percent )
Existing Production Capacity: 30,000 gallons
Proposed Production Capacity: 45,000 gallons
Existing Number of Employees: Four (4) full time
Proposed Number of Employees: Five (5) full time
Existing Visitation: Hosted daily tours and tastings by appointment only for a maximum of fifteen visitors per day with a maximum of 105 visitors per week, resulting in 5,475 visitors per year.
Proposed Visitation: Hosted daily tours and tastings by appointment only for a maximum of thirty-four visitors per day with a maximum of 238 visitors per week, resulting in 12,410 visitors per year.
Existing Marketing Program: A total of six (6) marketing events per year allowing a maximum of 30 guests and one (1) marketing event per year allowing a maximum of 125 guests. The total amount of annual marketing guests allowed under the proposed program is 305.
Proposed Marketing Program: A total of twelve (12) marketing events per year allowing a maximum of 30 guests and two (2) marketing event per year allowing a maximum of 125 guests. The total amount of annual marketing guests allowed under the proposed program is 610.
Existing Days and Hours of Winery Production: 6:00 A.M. – 6:00 P.M. Monday through Sunday
Proposed Days and Hours of Visitation: 10:00 A.M. – 6:00 P.M. Monday through Sunday
Proposed Hours of Marketing Events: 11:00 A.M. – 10:00 P.M. (including clean-up)
Proposed Parking: twelve (12) parking stalls, including one (1) ADA compatible
Setbacks:
Required road setbacks: 30 feet from the centerline of Solano Avenue.
Required property line setbacks: 20 feet front, side, and rear yards setbacks.
Existing Setbacks: The existing winery meets all required road, front, side, and rear setbacks.
Adjacent General Plan Designation / Zoning / Land Use:
North: Agricultural Resource (AR) General Plan land use designation / Agricultural Watershed (AW) Zoning District /agriculture and single-family residential land uses
South: Agricultural Resource (AR) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agriculture
East: Agricultural Resource (AR) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agriculture, winery, and single-family residential land uses
West: Agricultural Resource (AR) General Plan land use designation / Agricultural Watershed (AW) Zoning District / agriculture and single-family residential land uses
Wineries in One (1) Mile Vicinity:
Oak Knoll Winery, Hillview Vineyard, Darms Lane Winery, Silenus Vintners, Shifflett Ranch and Vineyard, Trefethen Vineyards, and Laird Family Estates.
Parcel History:
The parcel includes vineyard and a winery, which obtained a use permit in 2013. The Winery just recently obtained final occupancy. The existing vineyard is located on slopes below 5%; therefore, an Agricultural Erosion Control Plan was not appliable.
Active Code Enforcement Cases:
There are no active code violations related to the project site.
Discussion Points:
Setting – Access to the project site is located off of Solano Avenue, approximately 0.2 miles south of the intersection of Solano Avenue and Darms Lane. The project includes one (1) parcel, approximately 10.09 acres in size and includes an existing winery and vineyards. The parcel has one ingress/egress point Solano Avenue. The project site is at approximately 115 feet above mean sea level (amsl). The proposed winery expansions are located within an developed and recently disturbed portions of the parcel with slopes between zero (0) and six (6) percent slopes. The property is adjacent to a blue line stream and contains Valley Oak (California Bay – Coast Live Oak – Walnut – Ash) Riparian Forest. The proposed project is outside of all Stream Setbacks, as defined by the Napa County Conservation Regulations Chapter 18.108.
Winery Proposal – The Use Permit Major Modification requests the following: increase wine production from 30,000 gallons to 45,000 gallons per year, increase employment, increase daily tours and tasting by appointment only, increase marketing events, expansion of an existing winery building to create additional production and accessory space, construction of a covered terrace with outdoor tasting, installation of an approximately 81,000 gallon process water storage tank, and reconfiguration of existing parking.
The proposed physical expansion to production includes an approximately 1,573 sq. ft. barrel storage room, 1,336 sq. ft. fermentation room, and 620 sq. ft. covered outdoor fermentation pad. The proposed physical expansion to accessory spaces includes a western facing 3,929 sq. ft. two story addition, that includes an indoor tasting area, offices, a catering kitchen, a conference room, restrooms, an outdoor tasting terrace, and second floor balcony.
The proposed operational changes include changes to visitation and marketing (detailed below) and an increase in full-time employees from four (4) to five (5). No part-time employees are currently entitled or within the scope of this request.
Visitation and marketing – Consistent with the definition of “marketing of wine” (County Code Section 18.08.370), the applicant proposes expanding an existing visitation and marketing program. The winery currently has tours and tastings for up to 15 guests per day with a maximum of 105 guests per week. The proposed project requests increasing tours and tastings for up to 34 guests per day with a maximum of 238 guests per week. Visitation would be by appointment only and would occur between the hours of 10:00 a.m. and 6:00 p.m., Monday-Sunday. The winery also currently has six (6) marketing events per year allowing a maximum of 30 guests and one (1) event per year allowing a maximum of 125 guests. The proposed project requests increasing this marketing program to a total of twelve (12) marketing events per year allowing a maximum of 30 guests and two (2) marketing event per year allowing a maximum of 125 guests. Guests for the larger events (e.g., up to 125 guests) will be brought to the site via shuttle/bus. The total amount of annual marketing guests allowed under the proposed program is 610. 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).
Water – A Tier I Water Availability Analysis was prepared by Applied Civil Engineering (ACE), dated July 7, 2025, and a Tier III Water Availability Analysis was prepared by Richard C. Slade & Associates LLC (RCS), dated July 8, 2025. As directed by the County’s Water Availability Analysis Guidance Document of May 2015 (WAA) and the Interim Well Standards (January 2024), the reports include 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 winery, landscaping irrigation, vineyard irrigation, and the neighbor’s well that is located on the parcel. The Arrow and Branch Winery currently uses 3.97 AFY and the Silenus Winery Easement Well uses approximately 8.5 AFY. The existing groundwater usage of the parcel is estimated at 12.47 acre-feet per year (AFY). The proposed project would not increase groundwater use and would maintain no net increase of groundwater usage.
The neighboring Silenus Winery has an easement to use a well located on the Arrow and Branch Winery parcel. On April 17, 2002, Silenus Winery received an entitlement modification (01093-UP/02105-VAR), which referenced an estimated water usage of 12.34 AFY. At that time, the winery’s parcel was 14.3 acres, which included 10.3 acres of vines which used 10.5 AFY (1 AFY per acre of vines), and the 72,000 gallon winery used 1.84 AFY, totaling 12.34 AFY. Subsequently, the Silenus Winery completed a Lot Line Adjustment, which reduced the parcel size to 10 acres with approximately 6.3 acres of vines. Applied Civil Engineering’s WAA estimates that the Silenus Winery contains landscaping that uses approximately 0.36 AFY. Using the water rates described in the 2001 Silenus Winery entitlement modification, and Applied Civil Engineering’s estimated landscaping water usage, the Silenus Easement well is estimated to use 6.3 AFY to irrigate 6.3 acres of vines, use 1.84 AFY to produce 72,000 gallons of wine, and 0.36 AFY for landscape irrigation, totaling 8.5 AFY. The Arrow and Branch project has been conditioned to not use the Silenus Easement Well.
Source of Demand Existing (AFY) Proposed (AFY) Difference (AFY)
Primary Residence 0 0 0
Vineyard Irrigation 3 2.59 -0.41
Landscaping Irrigation 0.2 0.2 0
Winery (Vastation, Marketing,
And Employees) 0.77 1.18 +0.41
Silenus Easement Well, located on 8.5 8.5 0
project parcel. Usage is via
easement
Total 12.47 12.47 0
Tier 2: Pursuant to County’s WAA, a Tier 2 analysis is required when a neighboring off-site well is located within 500 feet of the project well, the well is located within 1,500 feet from a spring, or the proposed project requests an increase in groundwater usage. The project would not increase groundwater usage; therefore, a Tier 2 analysis is not required.
Tier 3: A Tier 3 review is the County’s adopted method for complying with its duties under the Public Trust Doctrine. As discussed herein, the existing project will comply with the WAA guidance document. Per the County’s WAA, a Tier 3 analysis was performed to evaluate potential groundwater to surface water interaction.
The project well (Well 1) is approximately 40-70 feet from the nearest portion of Dry Creek (located north of the project parcel) and the Silenus Easement Well is approximately 50-80 feet from the nearest portion of Dry Creek. Dry Creek is a County designated Significant Stream. RCS’s Tier III WAA concludes that the project well and Silenus Easement well are not in direct hydraulic connection with any defined significant streams because:
a. Available groundwater depth measurements in the Well 1 have been at least 72 feet lower in elevation than the bed elevation of Dry Creek, as measured along Cross Section A-A’. In March 2024, despite flows in the Creek being present in the proximal portion of Dry Creek, the water level in the Project Well was 89 ft below the bed of Dry Creek. In July 2025, the water level in Well 1 was more than 168 ft lower in elevation then the bed of Dry Creek, and ponded water was present in the nearby portion of the creek.
b. Available groundwater depth measurements in the Silenus Easement Well have been at least 7 ft lower in elevation that the bed of Dry Creek, as measured along Cross Section A-A, and more recent water levels have been much deeper. In March 2024, despite flows being present in the proximal portion of Dry Creek, the water level in the Easement Well as 153 ft below the bed of Dry Creek, and ponded water was present in the nearby portion of the creek.
c. Well 1 is constructed with a 50-foot-deep surface seal and a screen depth that begins below the bottom of the alluvial aquifer system. Between the bed of Dry Creek and the deeper aquifer materials accessible to Well 1 & the Silenus Easement Well (primarily Tsvr), low permeability strata have been documented in, and inferred from, various data sources. Therefore, Dry Creek is not connected to groundwater accessible to Well 1 & the Silenus Easement Well. Pumping of Well 1 for the proposed project will not impact surface water flow in the proximal portions of Dry Creek because surface water in Dry Creek is hydrogeologically disconnected from groundwater accessible to Well 1 in the vicinity of the subject property. Similarly, pumping of the Silenus Easement Well to meet its existing demands will not impact surface water follow in the proximal portions of Dry Creek because surface water in the creek is hydrogeologically disconnected from groundwater accessible to the Silenus Easement Well in the vicinity of the subject property.
d. Pumping of Well 1 & the Silenus Easement Well will not directly influence flows in the proximal portion of Dry Creek because: 1) surface and subsurface data collected by others (LSCE, 2016 & 2022) demonstrate that groundwater in the deeper portion of the alluvial aquifer system (and therefore also the underlying earth materials) is not directly connected to overlying surface water flows in Dry Creek; 2) additional low-permeability strata exist between the screened sections of a neighboring monitoring well, and above the screened sections of Well 1 and Silenus Easement Well; and 3) Well 1 & the Silenus Easement Well, as constructed, can only extract groundwater from earth materials beneath those additional low permeability strata.
The Project Well and the Silenus Easement Well were constructed with the depth of uppermost perforations at 95 ft and 140 ft, respectively. The County’s WAA requires that if a well is pumping at a rate of 30 gpm or more and has a depth of uppermost perforations less than 150 feet, the Tier III analysis shall demonstrate that low permeability deposits overly the zone from which extraction is proposed to occur. RCS’s report reviews this feature, analyzes nearby monitoring wells, and concludes that These fine-grained materials likely act as aquitards, significantly reducing the potential for connectivity and vertical flow between surface water and Dry Creek and groundwater in the aquiver systems beneath the subject property. Monitoring data for the “Site 2 at Dry Creek” well competitions in LSCE (2016 & 2022) demonstrates that Dry Creek is predominantly a losing stream, and those data demonstrate clear evidence of a disconnection between groundwater. In particular, temperature data on Figure 6-112 of the Napa County Groundwater Sustainability Plan (Page 188) show that the temperature of deeper alluvial groundwater does not apparently fluctuate, whereas the temperature of shallow alluvial groundwater appears to fluctuate slightly in response to the influence of surface water. Similarly, specific conductance data on Figure 4.6 of LSCE (2016) show likely influence of shallow alluvial groundwater by surface water, but little to no direct influence on deeper alluvial groundwater due to the effects of surface water.
This information indicates that the aquifers of Well 1 and Silenus Easement Well are not directly connected to Dry Creek. 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. The County has satisfied its duty to consider impacts to trust resources and no further analysis is required. Impacts would be less than significant.
Sanitary Waste Disposal – An Onsite Wastewater Feasibility Study, dated September 9, 2023, was prepared by Applied Civil Engineering which outlines the required wastewater system to meet the needs of the proposed increases in winery production, employees, visitation, and marketing programs. The Onsite Wastewater Feasibility Study proposes and recommends that the disposal of the treated winery process wastewater be via irrigation of the onsite vineyard. The study analyzed the potential of using approximately 4 acres vineyard that is located to the west of the new winery structure and outside of the well setbacks. In order to accommodate differences in the timing of wastewater generation, irrigation demand, and limitations of wet weather application of treated wastewater, a storage tank will be required. The proposed project includes an 81,000-gallon process wastewater storage tank. The analysis assumes that during the summer, the treated water will be used to offset the irrigation needs of the vineyard, and in the winer application of treated winery process wastewater will not occur to prevent runoff.
Greenhouse Gas Reduction Strategies – The applicant intends to implement voluntary best management practices to reduce GHG emissions resulting from implementation of the project. These practices include installation of solar panels; the preparation of a Vehicle Miles Traveled (VMT) reduction plan to reduce annual VMT by at least 15% by providing employee incentives, priority parking for efficient transportation, bike riding incentives, and bus transportation for large marketing events; installation of solar hot water heating; energy conserving lighting; installation of an energy star roof; installation of water efficient fixtures; low-impact development to manage stormwater as close to its source as possible; install a water efficient landscape design; implementation of a sustainable purchasing and shipping program; installation of electrical vehicle charging station(s); public transportation will be available; the structure design will be oriented to maximize passive cooling, heating, and lighting; use of recycled materials for construction and operation; education to staff and visitors on sustainable practices; use of 70-80% cover crop; retention of biomass via pruning and thinning by chipping the materials and reusing it rather than burning on-site; and water conservation by use of processed wastewater for re-use as irrigation.
Grape Sourcing – The proposed winery will have a maximum production of 45,000 gallons of wine. The on-site vineyards will provide a source for grapes for wine production and the applicant will contract with offsite growers to obtain additional grapes for wine production. The applicant has signed the County’s 75 Percent Grape Source Agreement, to produce wine with a minimum of 75% grapes grown in Napa County.
Noise – Illingworth & Rodkin prepared an October 18, 2023, Noise Assessment for the proposed project. The study reviewed the proposed project’s potential impacts to noise resources and concluded as follows:
• Mechanical Equipment: The winery operations currently, and will continue to, use noise-generating mechanical equipment such as air-cooled condensing units, pumps, and compressors as well as less significant sources of noise, such as air-conditioning systems and exhaust fans. The proposed project includes the use of mechanical equipment, to be located in a mechanical yard at the northern boundary of the parcel. This equipment may be as close as approximately 310, 230, 110, 130, and 200 feet from the property lines of adjacent Residences 1, 2, 3, 4, and 6. Under worst-case condition with the equipment located outside in the mechanical yard, constant noise levels could be 39, 42, 50, 49, and 44 dBA at adjacent Residences 1, 2, 3, 4, and 6. Noise levels associated with worst-case conditions would not exceed the 50 dBA L50 daytime noise limit. Other receptors in the project vicinity would be further from the mechanical equipment, and therefore, exposed to lower levels of noise.
• Maintenance and Forklift Operations: Forklift and maintenance operations are expected to take place in the covered crush/receiving areas and within the winery and production/barrel buildings. Such activities within buildings would receive significant noise shielding from the building and are not analyzed within the Noise Study. Outdoor forklift and maintenance operations are considered worst-case condition and are analyzed within the report. Such outdoor operations could occur as close as approximately, 300, 225, 175, 200, and 280 feet from the property lines of Residences 1, 2, 3, 4, and 6. It is anticipated that during high activity periods, these activities would be expected to occur for more than 15 but less than 30 minutes out of an hour and fall in the Project Specific Noise Criteria of 55 dBA L25. Noise levels associated with Forklift and Maintenance Activities are estimated to have noise levels of 45, 48, 47, 46, and 42 dBA from Residences 1, 2, 3, 4, and 5, which does not exceed the project specific noise standards and the closest noise sensitive uses.
• Bottling Activities: Bottling would occur over a period of a few weeks per year during the daytime. The analysis conservatively assumes that bottling will be done with a mobile bottling truck at the covered outdoor work area approximately 320, 240, 175, 200, and 265 feet from the property lines of Residences 1, 2, 3. 4, and 6. Noise levels associated with mobile bottling are estimated to have noise levels of 38, 41, 44, 43, and 40 dBA from Residences 1, 2, 3, 4, and 6, which does not exceed the 50 dBA L50 noise limit.
• Seasonal Crush Activities: Under the modified use permit, annual crush related activities would continue to take place in the covered crush pad of the winery building. Crush activities occurring in these areas will receive some noise shielding from building structures. These activities could occur as close as approximately 320, 240, 180, 200, and 270 feet from the property lines of adjacent Residences 1, 2, 3, 4, and 6. Crush activities are made up of relatively constant noise, with occasional discrete maximum noise events, such as the setting of empty bins. When seasonal crush activities are occurring, the relatively constant noise is estimated to produce 30, 33, 36, 35, and 32 dBA from Residences 1, 2, 3, 4, and 6 respectively, which fall below the Napa County noise criteria of 50 dBA noise limit. An occasional discrete noise event (such as the setting of an empty bin) is estimated to produce 48, 51, 54, 53, and 50 dBA from Residences 1, 2, 3, 4, and 6 respectively, which fall below the Napa County’s 70 dBA discrete noise event limit. Noise from crush activities would therefore fall below the Napa County noise criteria of 50 dBA L50 and 70 dBA Lmax daytime criteria and 65 dBA nighttime noise limit.
• Tasting and Marketing Activities: Marketing events would occur on a western outdoor patio and inside the winery structure. Outdoor amplified music is prohibited, so the primary noise source associated with the event would be raised conversations and acoustic instruments. Napa County’s noise threshold is 45 dBA L50 . Outdoor events held in the covered patio area could be as close as approximately 460, 380, 200, 175, and 190 feet from the property lines of adjacent property lines of residences 1, 2, 3, 4, and 6. Visitation and marketing events with 30 and 125 guests are estimated to meet Napa County’s 45 dBA threshold , with estimated noise levels of 29, 31, 37, 37, and 36 dBA from Residences 1, 2, 3, 4, and 6. Visitation and marketing events with acoustic, non-amplified music, are estimated to produce 40, 42, 49, 50, and 50 dBA from Residences 1, 2, 3, 4, and 6. As the noise threshold is 45 dBA, the estimated noise for acoustic music will be greater than allowed by Napa County’s noise criteria. In order to mitigate any potential impacts to noise, mitigation measure NOISE-1 has been implemented to restrict outdoor music performances.
Indoor amplified music is included within the scope of the proposed project. Illingworth & Rodkin’s noise analysis estimated that noise from amplified music within the winery structure with open windows and doors would reach levels of 39, 41, 47, 47, 46 dBA from Residences 1, 2, 3, 4, and 6. As the noise threshold is 45 dBA, the estimated noise from indoor amplified music will be greater than allowed by Napa County’s noise criteria. Illingworth & Rodkin’s noise analysis also estimated that noise from amplified music within the winery structure with closed windows and doors would be reduced to levels of 31, 33, 39, 39, and 38 dBA from Residences 1, 2, 3, 4, and 6. With all windows and doors closed, amplified music from winery events held within winery structures would be below Napa County’s noise criteria of 45 dBA. In order to mitigate any potential impacts to noise, mitigation measure NOISE-2 has been incorporated to require that the winery close all doors and windows if indoor amplified music is to occur. Illingworth and Rodkin’s analysis estimates that all other winery operations will meet Napa County’s noise criteria. With the implementation of mitigation measure NOISE-1 and NOISE-2, the project will have a less than significant impact.
Biology – According to the Napa County GIS Sensitivity Maps (Natural Diversity Data Base and US Fish and Wildlife Critical Habitat) no known candidate, sensitive, or special status species have been identified as occurring within the proposed development area. The project would not have a substantial adverse effect on any special status species, or species of particular concern, as there are none identified within the project area. The project site is disturbed and developed with an existing winery, vineyards, an access drive, and associated improvements. No trees, native vegetation, or structures are proposed to be removed to accommodate the proposed project. The development area is not located adjacent to Dry Creek, a known riparian area, but located outside of all defined stream setbacks. The site has not been identified in any local/regional or State plans as being a sensitive community. The applicant has consulted with Forest Ecosystem Management in partnership with Salix Natural Resource Management and a Biological Report was prepared on August 11, 2021, an addendum to the report was prepared on November 5, 2023, and a Northern Spotted Owl Assessment was completed on July 28, 2021. The biologists conducted site visits and reviewed the CNDDB database for potential impacts to sensitive flora and fauna. The report highlighted four species:
Western Pond Turtle (Emys marmorata) – California Species of Special Concern. There are no known detections of western pond turtles in Dry Creek; however, there habitat is suitable, during normal climatic years. No western pond turtles were identified during a field visit to the Project Area. There was no water within this stretch of Dry Creek during the biologist’s site visit.
Foothill Yellow-Legged Frog (Rana boylii) – California Species of Special Concern. There are no known detections of foothill yellow-legged frogs in the segment of Dry Creek within five (5) miles of the Project Area. No foothill yellow-legged frogs were identified during the biologist’s site visit.
Crotch Bumble Bees and Western Bumble Bees –The open areas on the project parcel are primarily vineyards and structures which do not possess the necessary habitat for bumble bees. The area proposed for the project scope has recently been graded when the winery was originally constructed or is within footprint of existing vineyards; therefore, it is not considered bumble bee habitat due to a lack of floral resources.
The proposed project does not request the removal of any native vegetation, including trees. While no tree removal is proposed, the proposed project is within close proximity of dense native vegetation and riparian habitat. Due to the project’s proximity to dense vegetation and riparian habitat, and in the abundance of caution, implementation of Mitigation measure BIO-1 will require preconstruction surveys for nesting birds to reduce this impact to less than significant level.
The GIS CNDDB Owl Habitat layer, shows the potential for owl habitat to occur on the subject parcel. The Forest Ecosystem Management assessment concluded that the project area does not have suitable Northern Spotted Owl habitat due to absence of associated vegetation communities. In the abundance of caution in the event of tree trimming or inadvertent tree removal and in order to mitigate any potentially significant impacts to owls, Mitigation Measure BIO-2 requires Northern Spotted Owl surveys prior to any on site vegetation removal.
The CDFW CNNDB database depicts that the proposed project is within close proximity of potential Pallid Bat predicted habitat. For this reason, and in the abundance of caution, in order to mitigate any potentially significant impacts to bats, Mitigation Measure BIO-3 requires a bat habitat assessment and surveys prior to any on site tree trimming.
In the event that trees need to be trimmed, Mitigation Measure BIO-4 implements tree trimming requirements.
With the incorporation of Mitigation Measures BIO-1 through BIO-4, the potential for this project to have an impact on special status species is less than significant.
According to the Napa County Environmental Resource Maps (based on the following layers – water bodies, vernal pools & vernal pool species), vernal pools and wetlands are not present. Dry Creek runs along the north property line. The proposed additions would be located outside the stream setbacks established in the Napa County’s Conservation Regulations (NCC 18.108) and would not interfere or be located within a wildlife corridor. To prevent inadvertent encroachment into specified stream setbacks during construction, Mitigation Measure BIO-5 requires temporary construction fencing . Due to these factors, project activities would not interfere with the movement of any native resident or migratory fish or wildlife species or with their corridors or nursery sites. With the incorporation of Mitigation Measure BIO-5, impacts would be less than significant.
Cultural – On June 2, 2025, 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 July 1, 2025, and declined comment as the project site is not located within their aboriginal territories. No other comments were received and the consultation period closed on July 2, 2025.
Transportation – Based on maximum winery employee and visitor/guest data for the harvest/crush season, the proposed project would be expected to generate 20 new daily trips on a weekday and 18 new daily trips on a Saturday. This count includes vehicle trips required for 281.3 tons of grape haul. Since operational and visitor trips associated with the project is below the 110-trip threshold in the Office of Land Use and Climate Innovation 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(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 would continue to have a total of twelve (12) parking spaces (with one designated for ADA drivers). Visitors to the Winery will be by appointment only. On a busy day, the 34 visitors (14 daily vehicles) will arrive in a staggered arrangement so that there should never be more than six or seven guest vehicles on site at any time. Occasionally, visitors will arrive in a higher-occupancy vehicle such as an SUV, minivan or smaller shuttle bus. The five (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 and daily visitation will not occur on days where a marketing event will be held; further reducing the proposed project’s need for additional parking.
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 B and C, 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 the winery expansion and increased operation of a 45,000-gallon per year winery with related tours and tastings and marking program that would allow up to 34 guests per day, seven days per week. The requested Use Permit would increase vehicle trips and miles, and wastewater generation at the property, in addition to adding 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 and noise 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 recommend 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 need to 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 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 Major Modification is not being approved.
Action Required - Commission would move to deny the project.
Option 4 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
Attachments:
A – Initial Study/Mitigated Negative Declaration and MMRP
B – Recommended Findings
C – Recommended Conditions of Approval and Agency Memos
D – 45000 Gallon Winery Comparison Table
E – Application and Project Descriptions
F – Water Availability Analysis Tier I and III
G – Biological Reports
H – Environmental Noise Assessment
I – Onsite Wastewater Disposal Feasibility Study
J – Transient Non-Community Water System Information
K – Stormwater Control Plan
L - Graphics