TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Sean Trippi, Supervising Planner for Brian D. Bordona - Director of Planning, Building and Environmental Services
REPORT BY: Wendy Atkins, Planner II
SUBJECT: Ontrail Vineyards Micro-Winery Use Permit P25-00139
RECOMMENDATION
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OZEGNA VINEYARDS, LLC C/O JIM FASSIO / ONTRAIL VINEYARDS MICRO-WINERY / USE PERMIT # P25-00139-UP
CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration and the Mitigation Monitoring Reporting Program (MMRP). According to the proposed Mitigated Negative Declaration (State Clearing House No. 2026080629), the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures for 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 Micro-Winery Use Permit to establish a new phased 5,000 gallons per year winery including the conversion of an existing barn to a winery, conversion of the existing farm labor office to winery tasting and accessory uses, construction of a new winery building and covered crush pad, associated tours and tastings by appointment only, and improve the existing driveway to comply with the Napa County Road and Street Standards.
The project is located on an approximately 13.33-acre site within the Agricultural Watershed (AW) zoning district with a General Plan designation of Agricultural Resource (AR)/Agriculture, Watershed and Open Space (AWOS) at 3252 Silverado Trail, Napa, CA 94558; APN 039-610-003.
Staff Recommendation: Adopt the Initial Study/Mitigated Negative Declaration prepared for the project and approve Micro-Winery Use Permit No. P25-00139 as conditioned.
Staff Contact: Wendy Atkins, Planner II, (707) 259-8757; wendy.atkins@countyofnapa.org
Applicant Contact: Jim Fassio, 501 El Cerrito Ave, Hillsborough, CA 94010, (650) 333-3155; ozegna@comcast.net
Applicant Representative Contact: Covell Architects c/o Michelle Covell, 1407 Main Street, Ste. 102, St. Helena, CA 94574. Phone: (707) 968-9280 or email: michelle@covellarchitects.com
CONTINUED FROM THE SEPTEMBER 23, 2026, ZONING ADMINISTRATOR HEARING
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Zoning Administrator:
1. Adopt the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation, Monitoring and Reporting Plan based on the recommended Findings 1-7 in Attachment A;
2. Approve the Micro-Winery Use Permit Application No. P25-00139, based on recommended Findings 8-12 of Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The project was heard during the July 22, 2026, Zoning Administrator (ZA) meeting. Prior to the hearing, the State of California Fish and Wildlife (CDFW) submitted a comment letter which identified the project’s potential to impact Swainson’s hawk and recommended mitigation to reduce harm. Because potential impacts to Swainson’s hawk were not evaluated in the Negative Declaration, Staff recommended the ZA continue the hearing to a date certain to allow for preparation and circulation of a Mitigated Negative Declaration (MND). The prior staff report and attachments are available via the following link:
https://napa.legistar.com/LegislationDetail.aspx?ID=7926136&GUID=86036C00-D57C-4975-9C12-DACDECFCB7B0&FullText=1
The video of the public hearing is available at the following link:
https://napa.granicus.com/player/clip/5837?view_id=3&redirect=true
The request is for a new 5,000 gallon per year Micro-Winery on an existing 13.33-acre parcel. The proposed winery project will be constructed in up to three phases. Phase 1 will include converting the existing 1,951 sq. ft. barn to production space and converting the existing 529 sq. ft. farm labor office to winery tasting and accessory use. Wine production would consist of fermentation only in barrels and bottles. Visitation shall not exceed 10 visitors per day and 70 visitors per week. No marketing events are proposed. The winery proposes to have one full-time and one part-time employee. Phase 2 will include converting the 1,951 sq. ft. barn to a non-winery use and constructing a new 4,103 sq. ft. winery building. Phase 3 will include the construction of a 730 sq. ft. covered crush pad and installation of either a production wastewater system or a hold and haul wastewater system.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration (State Clearing House No. 2026080629), the proposed project would not have any potentially significant environmental impacts after implementation of mitigation measures for 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
As noted above, in response to CDFW’s comment letter, a MND was prepared and recirculated for 30 days to address potential impacts to Swainson’s hawk. A mitigation measure addressing CDFW concerns was added to the MND and conditions of approval.
Noise - Based on the standards in County Code section 8.16.070, noise levels, measured at the exterior of a residential structure or residential use on a portion of a larger property, may not exceed 50 dBA for more than half of any hour in the window of daytime hours (7:00 a.m. to 10:00 p.m.), and 45 dBA during the nighttime hours (10:00 p.m. to 7:00 a.m.)
As discussed in the previous staff report, a Noise Study and an addendum were prepared by CIH Services, dated October 25, 2025, and April 20, 2026, respectively. The Noise Studies reviewed the proposed project’s potential impacts to nearby sensitive receptor’s, i.e. a residence approximately 276 feet away from the proposed production building.
Sound levels from the crush pad would be expected to be approximately 57 dBA at a 450-foot distance in an unobstructed environment. The crush pad is approximately 450 feet from the nearest residence. However, the existing 6-foot-tall wood fence will reduce sound attenuation by 6 to 10 dBA, and the existing vegetation along the property line will further reduce sound attenuation by 10 dBA, resulting in a sound level of between 37 and 41 dBA. As a result, crush Pad activities at the residential receptor will not exceed 50 dBA and, therefore, will not exceed the daytime Rural Noise Levels allowed in Napa County Code Section 8.16.070 of 50 dBA. The previous staff report recommended a condition of approval that would not allow crush activities between the hours of 10:00 p.m. and 7:00 a.m. However, since the crush activities would not exceed 45 dBA because of existing fencing and vegetation, the previous condition of approval has been removed and replaced with the following:
6.15(e) - To attenuate noise from the crush pad operations, the existing 6-foot-tall wood fence and the existing vegetation along the north property line shall be maintained in perpetuity.
Public Comments - As of the date of this staff report, four public comment letters were received, two in support and one opposing the project, requesting no more wineries, and a vote of no from the Zoning Administrator. On July 16, 2026, CDFW submitted a comment letter identifying potential impacts to Swainson’s hawk. To reduce potential impacts to Swainson’s hawk to less-than-significant and comply with CESA and Fish and Game Code section 3503.5, An MND was prepared which incorporated CDFW’s recommended Mitigation Measure BIO-1. (see Attachment D.)
Decision-making Options:
As noted in the introductory paragraphs of this report, staff recommends that the Zoning Administrator approve the project as proposed, subject to the findings and conditions of approval in Attachments A and B, respectively. However, staff has provided the following options for consideration by the Zoning Administrator.
Option 1: Approve the Project as Proposed (Staff Recommendation)
Disposition: This option would result in the adoption of the Mitigated Negative Declaration, and approval of the project as proposed and conditioned. Staff recommends this option as the request is consistent with the standards set forth by the AW zoning district, and the provisions of the Micro-Winery regulations and other provisions of the County Code.
Action Required - Follow the proposed action listed in the 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
Should the Zoning Administrator determine that the intensity of the visitation should be reduced, the Zoning Administrator may take action to reduce the number of daily, weekly, or yearly visitors and/or reduce the hours of operation.
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. 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 the Applicant’s Proposal:
In the event that the Zoning Administrator determines that the project does not or cannot meet the required findings for granting the Use Permit, the Zoning Administrator should identify what aspects of the project are in conflict with the required findings. State Law requires the Zoning Administrator to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action required - Motion to deny the project
Option 4: Continuance Option:
The Zoning Administrator may continue an item to a future hearing date at its own discretion.
SUPPORTING DOCUMENTS
A. Revised Recommended Findings
B. Revised Recommended Conditions of Approval and Final Agency Approval Memos
C. Initial Study/Mitigated Negative Declaration
D. Public Comments