TO: Board of Supervisors
FROM: Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Michael Parker, Planning Manager
SUBJECT: Micro-Winery Ordinance Update to Remove the May 5, 2025, Sunset Date
RECOMMENDATION
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Introduction and intent to adopt an Ordinance amending Section 18.10.020 (Duties - Specific subjects) of Chapter 18.10 (Zoning Administrator) of the Napa County Code removing the sunset date of May 5, 2025, of the Micro-Winery Ordinance (No Fiscal Impact).
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BACKGROUND
On April 5, 2022, the Board of Supervisors (BOS) adopted the Micro-Winery Ordinance (MWO) which is scheduled to sunset on May 5, 2025, unless otherwise extended by the BOS. The MWO established a new sub-category of winery with the following characteristics:
A. Ferments on-site at least 201 gallons of wine annually and has a production capacity of no more than 5,000 gallons of wine;
B. At least 75 percent of the grapes used in fermentation on-site are grown on the same property as the micro-winery or contiguous parcels under the same ownership. For the purpose of this section, "the same property as the micro-winery" means any parcel or parcels identified as included within the Use Permit application;
C. Has a maximum of 5,000 square feet of total enclosed space including storage, processing facilities, tasting areas, and caves;
D. No more than twenty Average Daily Trips (ADT) (ten daily round trips) are generated by tasting room visitors, all winery employees including seasonal employees, and deliveries to and/or from the winery;
E. No marketing events are conducted on site;
F. Tours and tastings and retail sales for wineries in the Agricultural Preserve and for the Agricultural Watershed, may be conducted on-site but are limited to between the hours of 9:00 a.m. and 6:00 p.m.;
G. No subsequent application for an increase in the production of wine or tasting room visitation shall be considered within two years after the approval of the original micro-winery use permit.
Micro-wineries shall only be permitted within the Agricultural Preserve (AP) and Agricultural Watershed (AW) zones.
The MWO contains a sunset clause in Section 2.A.5, which states: “No application for a new micro-winery use permit or modification of an existing micro-winery use permit, whether minor or major, shall be considered three years after May 5, 2022 (the effective date of this Ordinance), unless the provisions in this code pertaining to micro-wineries are extended, re-adopted, or amended by the Board of Supervisors.”
On March 11, 2025, the Board received a status report presentation from staff on the MWO and requested Board direction. The Board voted to extend the ordinance in perpetuity and directed staff to return to the Board at a future date with a recommended ordinance update after working with stakeholders and the Planning Commission to introduce amendments that are under the jurisdiction of the County and aimed at improving the overall ordinance.
Today’s requested action is to officially lift the MWO sunset date. After working with stakeholders and the Planning Commission, Staff will return to the Board at a future date in the coming months with a recommended ordinance update to introduce amendments that are under the jurisdiction of the County and aimed at improving the overall ordinance. The staff report for the March 11, 2025, item can be reviewed here: <https://napa.legistar.com/LegislationDetail.aspx?ID=7159113&GUID=5B67B958-874D-4747-BD31-607FCC572278>
Requested Action: Introduction and intent to adopt an ordinance amending Section 18.10.020 (Duties - Specific subjects) of Chapter 18.10 (Zoning Administrator) of the Napa County Code removing the sunset date of May 5, 2025, of the Micro-winery Ordinance.
Public Notice:
Notice of the public meeting was published in the Napa Valley Register on May 1, 2025.
PROCEDURAL REQUIREMENTS:
1. Open Public Hearing.
2. Staff Reports.
3. Public Comments.
4. Close Public Hearing.
5. Motion, second, discussion and vote on intention to adopt the ordinance.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
On March 11, 2025, the Board voted to extend the ordinance in perpetuity and directed staff to return to the Board at a future date with a recommended ordinance update after working with stakeholders and the Planning Commission to introduce amendments that are under the jurisdiction of the County and aimed at improving the overall ordinance. Today’s action is to initiate a resolution to remove the sunset date from the ordinance. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
The Micro-winery Ordinance will sunset effective May 5, 2025, and the County will no longer accept micro-winery applications. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Pursuant to the California Code of Regulations, Title 14, Division 6, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act) and Napa County’s Local Procedures for Implementing the California Environmental Quality Act, the adoption of this ordinance is exempt from the California Environmental Quality Act. The adoption of the ordinance is exempt under State CEQA Guidelines Section 15300.4, which allows local jurisdictions to establish their own procedures and exemptions, consistent with CEQA; Section 15303, regarding the new construction and conversion of small structures; Section 15304, regarding minor alterations to land; and Section 15305, regarding minor alterations in land use limitations; and Classes 3, 4, and 5 in Appendix B of the Local Procedures.