TO: Board of Supervisors
FROM: Thomas Zeleny - Interim County Counsel
REPORT BY: Laura Anderson - Deputy County Counsel
SUBJECT: Scarlett Winery Appeal Findings of Fact
RECOMMENDATION
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SET MATTER 2:00 PM - 10 Minutes Scarlett Winery
County Counsel requests consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by George and Nancy Montgomery (Appellant) to a decision by the Napa County Planning Commission on January 15, 2020, to approve an application submitted by Sherrett Reicher, Alsace Company, LTD (Applicant) for Use Permit No. P16-00428-UP to construct and operate a new 30,000 gallon per year winery known as the Scarlett Winery as further described in the Staff Report prepared for this matter. The project is located on an approximately 47.88 acre site at 1052 Ponti Road, which intersects with Skellenger Lane just west of Silverado Trail, St. Helena, CA; APN: 030-280-010 (the Property).
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Revised Mitigated Negative Declaration (Revised MND). According to the proposed Revised MND, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures proposed for the following area: Transportation. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
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EXECUTIVE SUMMARY
At the appeal hearing on August 24, 2021, the Board heard and considered evidence submitted from Appellant, the Applicant, Staff and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to deny the appeal filed by Appellant and uphold the Planning Commission’s approval of the Scarlett Winery subject to the revised Conditions of Approval. The Board directed Staff to return on October 19, 2021, with a Resolution of Findings of Fact and Decision on Appeal that reflects the Board’s intent as expressed on August 24, 2021. Staff has prepared a proposed Resolution that accurately reflects the Board’s intent as expressed on August 24, 2021. The proposed Resolution was shared with Appellant’s and Applicant’s respective counsel and neither had substantive comments. The public hearing is closed and public comment is limited to whether or not the proposed Resolution accurately reflects the Board’s intent as expressed on August 24th.
PROCEDURAL REQUIREMENTS:
1. Staff Report.
2. Chair invites Appellant, the Applicant, and interested parties to comment on the proposed findings.
3. Motion, second, discussion, and vote on the Resolution.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Revised Mitigated Negative Declaration (Revised MND). According to the proposed Revised MND, the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures proposed for the following area: Transportation. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
At the appeal hearing on August 24, 2021, the Board heard and considered evidence submitted from Appellant, the Applicant, Staff and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to deny the appeal filed by Appellant and uphold the Planning Commission’s approval of the Scarlett Winery subject to the revised COA.
Per the Board’s direction, Staff revised the conditions of approval as follows:
COA No. 4.2 (g) was added to clearly identify that tours and tastings are prohibited in the landscaped areas per the project’s redesigned plans required by COA No. 6.15 (d).
COA No. 4.3 (f) clarifies that no marketing events may occur on the West Terrace Deck.
COA No. 4.3 was revised to clarify that shuttle service is required for all 100, 125 and 200 person marketing events. For the smaller events, the permittee shall prepare an event-specific plan if the event will exceed the available on-site parking.
COA No. 6.15 (d) has been revised to require that the final architectural drawings and landscape plans remove all references to outdoor “AB 2004 Picnic Areas” and that those areas be shown only as landscape areas.
The Board directed Staff to return on October 19, 2021, with a Resolution of Findings of Fact and Decision on Appeal that reflects the Board’s intent as expressed on August 24, 2021. Staff has prepared a proposed Resolution that accurately reflects the Board’s intent as expressed on August 24, 2021. The proposed Resolution and revised COA were shared with Appellant’s and Applicant’s respective counsel and neither had substantive comments. The public hearing is closed. Public comment on this item is limited to whether the proposed Resolution accurately reflects the Board’s intent as expressed on August 24, 2021. Staff recommends that the Board adopt the Resolution and instruct the Clerk of the Board to serve the Resolution in compliance with Napa County Code Section 2.88.090(D).