TO: Napa County Planning Commission
FROM: Brian D. Bordona Director of Planning, Building and Environmental Services
REPORT BY: Kelli Cahill, Planner III, (707) 265-2325
SUBJECT: William Cole Winery Use Permit Major Modification No. P19-00101-MOD and Variance P19-00441-VAR
RECOMMENDATION
title
WILLIAM COLE WINERY (WILLIAM BALLENTINE JR. AND JANE SORENSON TR) / USE PERMIT MAJOR MODIFICATION NO. P19-00101 - MOD & VARIANCE P19-00441-VAR
CEQA STATUS: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5. State Clearinghouse No. SCH 2024030466.
REQUEST: This application was submitted to participate in the County's Code Compliance Program as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018. The proposal is to modify an existing winery Use Permit and subsequent modifications to recognize and approve items that are out of compliance with the permitted entitlements and for expansion beyond existing entitlements such as production, number of employees, weekly visitation, marketing activities, on-premises consumption of wine produced on-site, parking, conversion of an existing agricultural barn for winery use, outdoor hospitality areas, and necessary infrastructure improvements and upgrades. The request also includes a Variance to the road setback requirement of 600 feet from Highway 29, where the existing barn is located less than 320 feet from Highway 29. The project is located on a 5.72-acre site within the Agricultural Watershed (AW) zoning district and General Plan designated as Agriculture, Watershed, and Open Space (AWOS). The site is accessed via an existing shared private driveway off State Highway 29, approximately 485 feet north of the St. Helena city limits, 2849 N. St. Helena Highway, St. Helena, CA 94574. APN 022-230-015.
STAFF RECOMMENDATION: Adopt the Negative Declaration and approve the Variance and Use Permit Modification subject to the recommended conditions of approval.
STAFF CONTACT: Kelli Cahill, Planner III, (707) 265-2325 or kelli.cahill@countyofnapa.org
APPLICANT AGENT CONTACT: Jon Webb, New Albion Surveys, Inc.; (707) 963-1217; jwebb@albionsurveys.com
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EXECUTIVE SUMMARY
PROPOSED ACTIONS:
That the Planning Commission:
1. Adopt the Negative Declaration based on Findings 1-7 in Attachment A;
2. Approve the Variance P19-00441, based on recommended Findings 8-12 in Attachment A and subject to the recommended Conditions of Approval in Attachment B; and
3. Approve Use Permit Major Modification No. P19-00101, based on recommended Findings 13-17 in Attachment A and subject to the recommended Conditions of Approval in Attachment B.
DISCUSSION:
This application was submitted to participate in the County's Code Compliance Program as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018. The request is for approval of a modification to previous project approvals and a variance on an existing 20,000 gallon per year winery to allow the following:
A. COMPONENTS NECESSARY TO REMEDY EXISTING WINERY USE PERMIT VIOLATIONS:
1) Recognition of 22,000 gallons of production per year (approved for 20,000 gallons per year);
2) Recognition of five (5) by-appointment visitors per day for tours and tastings for a maximum of 23 visitors per week (approved for five (5) visitors on the busiest day, 10 on average per week by appointment)
3) Recognition of six (6) additional full-time employees for a total of 8 (approved for two full-time and one part-time employees;
4) Recognition of the existing use of a 3,120 square foot (s.f.) barn built in 2018 (Building Permit No. B16-01751) used for barrel storage (approved for agricultural use not for winery related use); and
5) Recognition of existing parking east of the winery and east of the barn for an additional maximum of eight (8) unstriped parking spaces (approved for six (6) spaces);
B. EXPANSION BEYOND EXISTING WINERY USE PERMIT ENTITLEMENTS:
1) Increase annual wine production from 22,000 gallons to 30,000 gallons;
2) Increase by-appointment visitation for daily tours and tastings to a maximum of 18 persons per day, 125 persons per week to occur Monday through Sunday;
3) Modification of an existing Marketing Program to increase events as follows: three (3) events per year with 50 people per event and two (2) wine release events per year with 75 people per event;
4) Convert the existing barn to production, fermentation, barrel storage, aging and bottling for the winery;
5) Utilize an existing 100 s.f. office building that is connected to the existing winery structure;
6) Addition of a process wastewater treatment system and a 10,000 gallon wastewater holding tank to be used during the rainy season, with the capacity to accommodate one full week of peak flow. The treated wastewater will be used to irrigate existing vineyard for disposal;
7) Widen a portion of the eastern edge of the existing driveway to 20 feet and 25 feet, and add a second hammerhead turnaround for Fire and Emergency vehicles next to the barn consistent with the County’s Roads and Street Standards;
8) Conversion of the existing temporary 1,650 s.f. (30 ft x 50 ft) concrete patio outdoor hospitality area temporarily allowed during Covid-19 to remain as a permanent outdoor hospitality area, located on the west side of the winery; and
9) Request on-premises consumption of wines produced on site in outdoor areas in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5.
The request also includes a Variance to the road setback requirement of 600 feet from Highway 29, where the existing barn is located less than 320 feet from Highway 29.
Staff has reviewed the request for a Variance and the Major Modification to the winery use permit to recognize and approve existing violations and the request to expand operations at the winery beyond existing entitlements. Staff found the requests for recognition and expansion to be consistent with the Zoning Ordinance and applicable General Plan policies. Staff believes that the necessary findings for the Variance and the modification can be made and recommends approval of the Variance and Use Permit Major Modification request as proposed and subject to conditions.
Staff prepared an Initial Study that evaluated the potential environmental impacts of the proposal as presented by the applicant which includes the expansions and new uses beyond existing entitlements. As described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018, the subject application was found to be substantially conforming. Accordingly, the County may use the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application. Staff determined that the applicant’s proposal would not have any potentially significant environmental impacts based upon the existing conditions of the parcel and given the proposed expansion of the winery is located within already disturbed areas. Therefore, staff recommends adoption of the Negative Declaration.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration the proposed project would have less than significant environmental impacts. In accordance with Section 15073 of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 20-day review period beginning on March 14, 2024, and running through April 3, 2024 (State Clearinghouse No. SCH 2024030466). This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
PROJECT INFORMATION:
Owner: William V Ballentine Jr. and Jane Sorenson TR, Bill and Jane Ballentine; 2849 N. St. Helena Hwy (P.O. Box 692); St. Helena; phone: (707) 963-5656; email: jane@williamcolevineyards.com
Representative: Jon Webb, New Albion Surveys, Inc.; (707) 963-1217; jwebb@albionsurvneys.com
General Plan Land Use Designation: Agriculture, Watershed and Open Space (AWOS)
Zoning District: Agricultural Watershed (AW)
Filed: March 25, 2019
Resubmittals Received: October 7, 2019; September 19, 2020; January 19, 2023; September 11, 2023; February 8, 2024
Application deemed complete: February 18, 2024
Courtesy Notice Sent: November 1, 2019
Project site size: 5.72 acres
Existing Development: The project site is currently developed with an approximately three-story building with the ground level used for the winery and the upper two levels are residence, residential pool, office, barn for barrel storage, and entitlement for caves which have not yet been constructed, with hospitality currently in the main winery building and within an existing area outside that measures 30 feet by 55 feet (or 1,650 sf), parking, vineyards and landscaping around the winery/residence and pool. There are no proposed changes to the winery building. The barn was not approved for winery use but has been used for barrel storage. The applicant is requesting recognition of the barrel storage use and also to allow the barn to be used for fermentation, aging and bottling. Proposed changes will not result in an expansion of the winery development area (i.e., footprint of the winery) with exception of adding the existing barn and outdoor area for winery use.
WINERY CHARACTERISTICS
Approved and Proposed Winery Characteristics
Winery Development Area Approved/Existing: 6,200 s.f. or 0.14 acres.
Winery Development Area Proposed: 9,540 s.f. or 0.22 acres.
Winery Coverage Approved/Existing: 13,000 s.f. or 0.30 acres, approximately 5.2% of the property.
Winery Coverage Proposed: 17,100 s.f. or 0.39 acres, approximately 7% of the property.
Maximum permitted 25% or approximately 15 acres permitted, whichever is less.
Production Capacity Approved: 20,000 gallons per year.
Production Capacity Existing: 22,000 gallons per year (18,000 gallons per year over a three-year average).
Production Capacity Proposed: 30,000 gallons per year.
Winery Building Approved: 5,424 s.f.
Winery Building Existing: 8,644 s.f.
Winery Building Proposed: none proposed
Cave size Approved: 4,000 s.f.
Cave Size Existing: 0 s.f.
Cave Size Proposed: none proposed
Accessory/Production Ratio Approved: 1,096 s.f. accessory/9,232 s.f. production - approximately 12%
Accessory/Production Ratio Existing: unchanged from approved.
Accessory/Production Ratio Proposed: 1,366 s.f. accessory/12,352 s.f. production - approximately 11%
Maximum permitted 40% accessory uses to production uses.
Number of Employees Approved: two full-time and one part-time.
Number of Employees Existing: two full-time employees (production), two hospitality and two administrative for a total of six (6).
Number of Employees Proposed: eight full-time for a total of eight (8) Employees.
Visitation By-Appointment - Approved: five on the busiest day with 10 on average per week.
Visitation By-Appointment - Existing: five per day with 23 per week.
Visitation By-Appointment - Proposed (expansion beyond approved and beyond existing unpermitted levels):18 per day with 125 per week.
Marketing Program - Approved: four events per year with a maximum of 15 people, three events per year with a maximum of 25 people, and one event per year with maximum of 50 people.
Marketing Program - Existing: no changes from approved marketing program.
Marketing Program - Proposed: increase events identified in addition as follows: three events per year with 50 people per event, and two wine release events per year with 75 people per event.
Days and Hours of Operation and Hospitality - Approved: Operations and Hospitality activities on Monday through Friday, 10:00 a.m. - 4:00 p.m.
Days and Hours of Operation and Hospitality - Existing: no changes from approved operation and hospitality activities.
Days and Hours of Operation and Hospitality - Proposed: Operations and Hospitality activities on Monday through Sunday, 10:00 a.m. - 4:00 p.m.
Hours of Operation for Production - Approved: 7:00 a.m. - 5:00 p.m., Monday through Friday.
Hours of Operation for Production - Existing and Proposed: no changes from approved operation.
Parking - Approved: 6
Parking - Existing: 14
Parking - Proposed: 14 (project will comply with California building code related to accessible parking and electric charging stations)
Setbacks
Required Property Line setbacks: 20 feet.
Existing Property Line setbacks: The existing winery structure exceeds 20 feet from side and rear property lines, with the barn located 20 feet from the rear setback and 50 feet from the side setback.
Required Road Setback: 600 feet from State Highway 29.
Approved/Existing Road Setback - Winery Building: Approximately 270-feet from the centerline of the highway. The existing winery was identified to be a pre-prohibition winery and not subject to the road setback.
Proposed Road Setback: The barn was constructed in 2018 and lies approximately 320 feet of Highway 29. The project requests a variance to the required road setback for the barn conversion to production. See discussion below.
Adjacent General Plan Designation / Zoning / Land Use:
All surrounding properties on the west side of State Highway 29 have a General Plan designation of Agriculture, Watershed and Open Space (AWOS). The AWOS General Plan designation extends approximately 475-feet east of the highway. The Zoning designation of the adjacent properties on the west side of State Highway 29 is Agricultural Watershed (AW). Properties across State Highway 29 are zoned Agricultural Preserve (AP). Properties in the vicinity of the project site range in size from about a 1.50-acre to 26 acres. Surrounding uses include single-family homes, vineyards, and a number of producing wineries (Grace Family, Revana, Ballentine, St. Cement Vineyards, Vineyard 29, Markham, and Morlet Family Estate). Undeveloped areas are generally heavily wooded.
Nearby Wineries located within one (1) mile of the project:
There are 15 wineries within one mile of the project. Please refer to Attachment L.
Parcel History:
January 2000 - An application for a new winery Use Permit #99286-UP and variance request #99287-VAR were considered by the Planning Commission on June 7, 2000, and denied based on findings contained in the staff report. The applicant filed an appeal to the Board of Supervisors, and on August 22, 2000; the decision of the Planning Commission was upheld, and the request denied.
October 2002 - The Planning Commission approved the original William Cole Winery Use Permit and Variance to the road setback requirements, Use Permit #02307-UP. This approval entitled a new, 20,000 gallon per year winery within an existing pre-prohibition structure of 5,424 square foot (sf) and 4,000 sf of cave area with two portals for a winery totaling 9,424 sf; two full-time and one part-time employees; six on-site parking spaces; five visitors on the busiest day, 10 on average per week, by appointment only; a marketing plan with four events per year with a maximum of 15 people, three events per year with a maximum of 25 people, and one event per year with maximum of 50 people, marketing activities are to occur between the hours of 12:00 to 4:00 p.m. and 6:00 to 10:00 p.m., and the approval also allowed up to four other entities or custom producers to produce at the winery.
On March 26, 2019, the County received an application for a major modification to Use Permit #02307 recognizing that the winery was outside of their authorized, previously approved entitlements and wanting to request more changes.
Code Compliance History:
December 2018 - The Board of Supervisors approved Resolution No. 2018-164, in part allowed property owners to apply for a permit to voluntarily remedy violations of their approved Use Permits through the County Code Compliance Program.
On March 26, 2019, this application was submitted to participate in the County’s Code Compliance Program as described in Resolution No. 2018-164. Pursuant to that Resolution, a site inspection was conducted by Code Compliance, Planning, and Environmental Health staff to identify any potential health and safety issues, as well as to review the existing use and proposed changes. Life safety issues included minor Fire and Building Code issues such as repairing illuminated exit signage in the winery and removal of improper exit door hardware. All issues were resolved, and final inspection conducted which found all health and safety issues were addressed.
Discussion Points:
Setting - The project site totals approximately 5.72-acres and located at 2849 St. Helena Highway N., north of the City of St. Helena. The property is located on the east side of the Mayacamas Mountains. The existing winery, parking areas, associated improvements and vineyards are located within the middle portion of the parcel. Vineyards adjoin the highway frontage and extend east of the highway several hundred feet, and to the east of the winery. The western portion of the parcel begins the rise of steep wooded hillsides with the existing winery located approximately 270 feet from the highway.
Winery Proposal and Design - The proposal is to modify an existing winery Use Permit and Variance to recognize and approve the following items that are out of compliance with the permitted entitlements: increased number of employees, weekly visitation, on-premises consumption, use of the existing barn, and additional parking spaces. In addition, the application also seeks to expand its entitlements to increase wine production, further increase employees, further increase daily and weekly visitation, and marketing plan events, increase parking, upgrade the winery process wastewater treatment system, installation of a 10,000 gallon holding tank for treated wastewater, widen a portion of the existing onsite driveway, and variance for use of the existing barn located less than 600 feet from Highway 29.
Days and Hours of Operation - Current production days and hours are consistent with entitlements as 7:00 AM to 5:00 PM, Monday through Friday. The winery has been open for operations and visitation from 10:00 AM to 4:00 PM five days a week. There are no proposed changes to production days and hours. Operations and visitation will be seven days a week, Monday through Sunday, 10:00 a.m. - 4:00 p.m. (see Attachment B COA 4.20.d.).
Employees - The Use Permit approval listed two full-time and one part-time employees. The applicant is asking for recognition of eight full-time.
Visitation and Marketing - The original Use Permit approved in 2002 authorized tours and tastings by appointment for five visitors on the busiest day, 10 visitors on average per week, Monday through Friday, 10:00 AM to 4:00 PM. In connection with this request, the applicant provided a summary of visitation records from 2018 showing daily visitation meeting or exceeding the maximum of five visitors on the busiest day 50 times with 25 days at or over 10 visitors with a maximum of 30 visitors per day. This results in the applicant ultimately requesting recognition of by-appointment visitation for tours and tastings for a maximum of 18 visitors per day, maximum of 125 per week. The approved Marketing Plan includes eight annual events with a total of 185 guests. Based on information provided by the applicant, the winery has held two annual events during 2018 with a total of 120 visitors. The current request includes 13 annual events with a total of 485 guests. No impacts were identified in the Initial Study/Negative Declaration associated with the requested increases to visitation and marketing activities. The winery comparison chart shows that this winery would be average for a 30,000 gallon winery.
On-Premises Consumption - Although not previously permitted, the winery is currently offering tastings on the outdoor patio used during Covid under the Notice of Intent to Participate in Temporary Measures for Businesses to Maintain Safe and Healthy Business Operations During the Covid-19 Pandemic, signed on June 4, 2020. The applicant requests approval to permanently use these locations for on-premise consumption.
Traffic / Left Turn Lane / VMT Analysis - The parcel is accessed via a private driveway off State Highway 29. The applicant proposes to continue use of the existing driveway. There is an existing center lane on Highway 29 that is approximately 1,082 feet (0.20 miles), extending 855 feet from the driveway north and 221 feet to the south before becoming a left turn lane from Highway 29 onto Deer Park Road. The center lanes currently serves the shared driveway to the subject project and Morlet, as well as Markham Vineyard, Ballentine Vineyards and Faust functioning as both left turn lane and deceleration lane.
The County maintains a set of Transportation Impact Study Guidelines (TIS Guidelines) that define situations and project characteristics that trigger the need to prepare a TIS. Per the County’s current TIS Guidelines, a project is required to prepare a TIS if it generates 110 or more net new daily vehicle trips. Based on the County’s winery trip generation assumptions, the proposed project would be expected to generate an average of 39 new trips per weekday (52 during harvest) and 38 new trips on the weekend (51 during harvest). The project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Impacts would be less than significant. All records of the Traffic Demand Management (TDM) activities and resulting data on reductions in Vehicle Miles Traveled (VMTs) will be kept and provided to the County as required. (See Attachment B - Condition of Approval (COA) 4.20.c.)
Parking - The winery is approved for six parking spaces. There is currently additional parking not previously approved east of the winery and east of the barn for visitors and employees. These spaces are not striped. The project would recognize these additional spaces subject to compliance with the County’s Road and Street Standards for a total of 14 spaces compared to the entitled six spaces (see Attachment B -COA 9.9.b.). The proposed parking supply is anticipated to be sufficient based on the increase to the number of employees and visitors.
Variance Request - The proposal involves conversion of an existing barn to winery related use. The barn was constructed in 2018 under building permit B16-01751 (Finaled on January 14, 2019), and without benefit of modification to the winery use. The project requests conversion of the barn to winery related production, fermentation, aging, bottling and barrel storage. The structure is 3,120 square feet and is located within the required winery setback from State Highway 29.
Pursuant to County Code § 18.104.230.C, conversion a of structure that legally existed prior to the adoption of the Winery Adoption Ordinance (in 1990) is allowed without a variance provided that the structure is not expanded beyond the legally established footprint, and on a finding that the project is environmentally beneficial (to a structure that otherwise meets the setback). In this case, Section 18.104.230.C does not apply because the barn was constructed after adoption of the WDO and must meet a 600 foot setback from the centerline of State Highway 29 unless a variance is granted.
Furthermore, Resolution No. 2010-48 set the following policy regarding conversion of residences and barns for winery use that may request variances from winery setbacks: Exhibit A Section II - Conversion of Existing Structure states: To discourage property owners from constructing residences and barns with the express intent of converting them to wineries. the County does not generally support use permit proposals seeking to convert existing buildings to winery use if the buildings have been constructed or substantially modified within the last 5-7 years. Staff reviewed this request in light of this policy and determined that it has been five years since the barn received occupancy. An inspection of the existing barn conducted by staff on November 11, 2022, revealed that the barn contained winery supplies, empty barrels, and equipment. Discussion with the applicant about this policy and the inspection led to a recommendation of support for variance request given the property constraints as noted below.
Staff supports the applicant's request for a variance. The barn is existing, located within an area near the rear of the property. Alternate locations outside the 600 foot setback from State Highway 29 are located outside the parcel boundary on a neighboring property to the west on lands under separate ownership. The parcel is 5.72 acres in size and its location along the base of the hillside where the hillside is steeply sloping moving west. The slope of the property, the size and unique shape limited areas of development, the predominate portion of the developable site is located within the required 600 foot setback from State Highway 29.
Additionally, as required by State and local statute, the granting of this variance would not confer a special privilege as the subject parcel contains a unique combination of existing development and regulatory constraints, namely slope and environmental constraints due to tree coverage. There is nothing included in the variance proposal that would result in a measurable impact on the public health, safety, or welfare of the County of Napa. Conversion of the existing barn would be subject to County Codes and regulations including but not limited to California building codes, fire department requirements, and water and wastewater requirements. The granting of the variance to the winery road setback will not adversely affect the health or safety of persons residing or working in the neighborhood of the property. The proposed winery structures would be located in a clustered development with existing buildings. There have been no adverse impacts to public health, safety or welfare from the existing pre-1900 building, and later conversion in 2002. Various County departments have reviewed the Project and commented regarding water, wastewater disposal, access, building permits, and fire protection. Conditions are recommended which will incorporate these comments into the project to assure protection of public health and safety.
Water Availability Analysis - prepared by Richard C. Slade & Associates, Inc., dated February 6, 2024, the existing domestic residential water use including the pool and associated landscaping are provided by the City of St. Helena, while the winery and vineyard irrigation are supplied through an existing onsite groundwater well. The project site is located within the Napa Valley Subbasin and within 500 feet of an offsite well, requiring a Tier 1 and 2 well interference analyses. A Tier 3 analysis was not required as the project well is located over 2,000 feet from the nearest significant stream. A Tier 3 analysis is triggered when a project well is within 1,500 feet of a significant stream. Parcels within the GSA are subject to a 0.30 acre feet per acre per year allocation (0.30 x 5.72 acres) or 1.72 acre feet per year for this project.
The Tier 1 analysis considered existing uses onsite to include the winery and vineyard as the domestic uses including residence, pool, and landscaping irrigation are provided by public water service from the City of St. Helena. An onsite water audit was completed, and the existing water use based on existing entitlements associated with the winery and vineyards is estimated to be 1.43 acre-feet/year (af/yr). Due to the increases in production, employees and hospitality guests, total water use for existing and proposed uses would be 1.8 af/yr. The project proposes operational changes to slightly reduce the proposed water demand, including but not limited to re-use of barrel rinse water, use of floor squeegees in lieu of hosing down the floors, high pressure/high temperature washing of tanks and barrels, and monthly tracking of water use via meter readings to allow for ongoing better use management. These operational changes would reduce proposed demand by 0.28 af/yr from 1.8 af/yr to 1.71 af/yr.
Overall, the proposed project would implement operational changes to reduce water use as follows:
|
Source of Demand |
Existing (acre-ft.) |
Proposed (acre-ft.) |
Proposed w/ reductions (acre ft) |
|
Winery Production |
0.43 |
0.65 |
0.55 |
|
Winery Domestic Use |
0.05 |
0.198 |
0.205 |
|
Landscape Irrigation* |
0.0 |
0.0 |
0.0 |
|
Residential* |
0.0 |
0.0 |
0.0 |
|
Vineyard Irrigation |
0.95 |
0.95 |
0.95 |
|
Total Use |
1.43 |
1.8 |
1.71 |
|
*Public Water from the City of St. Helena serves the residence, pool, and is used for landscape irrigation. |
A Tier 2 well interference analysis was performed as the nearest offsite well is located approximately 375 feet to the southwest of winery well. There are two wells one the property, including the irrigation wells constructed to a depth of 170 feet, and the winery well constructed to a depth of 250 feet.
As part of the Tier 2 a pump test was performed to determine if the wells have sufficient water for the groundwater demands, to monitor the amount of drawdown created during pumping and the water level recovery once pumping ended, and to monitor water level decline, and to determine if the aquifer parameters of transmissivity and possible storativity were encountered.
As part of the pump test, the irrigation well was observed since the depth to perforation is similar to that of the winery well. An 8-hour constant rate of pumping test was performed on the winery well at a rate of 15 gpm. A pre-test static water level was taken at 54.5 feet below the reference point, which was measured at 77.6 ft below the reference point at the end of the pump test, for a maximum drawdown of 23.1 feet. Water level recovery was measured 3 hours after completed pump test which was 94%. As mentioned, the irrigation well was also monitored and showed no changes during the pumping period, and thus no water level drawdown interference impacts were observed.
To determine if increase pumping would create interference with the offsite well, RCS performed a theoretical drawdown calculation that considered well penetration, aquifer thickness and transmissivity and storativity. The result conservatively indicated that the onsite irrigation well would result in a theoretical water level drawdown of 2.5 feet; however, actuals as noted above with the irrigation well resulted in no drawdown.
The project is estimated to increase water usage by approximately 16% (from 1.43 af/yr to 1.71 af/yr), less than the proposed water allotment for the parcel which is calculated to be 1.72 af/yr. The proposed increase in water usage associated with the project is within the Tier 1 and Tier 2 water use criteria set forward by the Napa County Interim WAA requirements, dated January 2024. The project is unlikely to substantially deplete groundwater supplies with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level.
The project will include project specific Condition of Approval setting a limitation on groundwater use for the parcel to the estimated proposed use of 1.71 af/yr and requiring well metering, monitoring, and reporting. (See Attachment B - COAs 4.20.a., 6.15.a., and 9.9.a.)
Wastewater System - A Wastewater Disposal Feasibility Study, dated July 23, 2019, was prepared by Applied Civil Engineering, Inc., detailing the existing system and proposed changes to accommodate the changes in production, employees, and hospitality. The existing leach field was evaluated based on current uses and proposed increases. It was determined that the leach fields were undersized with 24 inch lines. Upgrading the line to 36 inches would provide sufficient disposal; however, the expansion was found to be infeasible due to trenching within the existing vineyard. In order to accommodate the increased flows, Applied Civil Engineering proposed separation of the waste stream from the domestic waste stream. The domestic flows would continue to the existing leach field, while process wastewater would be collected separately, treated, and disposed of onsite via irrigation to the vineyard or hillside landscaping. The applicant proposes the addition of a wastewater treatment system with a holding tank for treated wastewater of 10,000 gallons, sized to hold one full week of peak flows. Per Napa County guidelines, a Registered Civil Engineer, Registered Environmental Health Specialist, or Licensed Contractor will provide ongoing monitoring and evaluation of the system. The Division of Environmental Health reviewed this report and concurred with its findings, conditioning that the selected design and plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health. Impacts would be less than significant.
Water System - According to the Will Serve and Water Neutrality Analysis, dated July 23, 2019, prepared by Applied Civil Engineering, Inc., the winery has an existing Domestic Water Supply Permit provided by the City of St. Helena for the existing residence, pool, and landscaping. There are two existing wells that serve the winery and vineyard irrigation. The winery well was constructed in 2003 to a depth of 250 feet, lined with PVC where perforations are documented between 130 and 249 feet which is a code compliant well for the winery’s public water system.
Green House Gas Emissions - On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted new recommended thresholds for determining the significance of individual projects’ greenhouse gas impacts under CEQA. Under the new thresholds, proposed land use projects may be analyzed for consistency with a qualified greenhouse gas (GHG) reduction strategy in the event one has been adopted. To date, Napa County has not adopted a qualified GHG reduction strategy pursuant to CEQA Guidelines section 15183.5. Absent an adopted strategy, BAAQMD recommends that a land use project include specified minimum design elements to ensure that the project is contributing its “fair share” toward achieving the state’s key climate goal of carbon neutrality by 2045. Napa County has not adopted a qualified GHG reduction strategy or an air quality plan, therefore projects will be evaluated per the BAAQMD recommended minimum design elements.
The proposal does not include any additions to the existing winery building and cave. The winery will expand into an existing barn constructed in 2018, which will require conversion to comply with the current version of the California Building Code. The applicant will be required to include as part of the greenhouse gas reduction methods at the winery: generation of on-site renewable energy exists which was installed in 2008, the addition as part of the conversion of the barn to winery will require the installation of one ADA and one non-ADA electric vehicle charging stations. The existing winery and barn are surrounded by shade trees and other tall shade landscaping. Involvement in the Countywide Vine Trail which has a future section of dedicated bike/walking path proposed on the east side of Highway 29. As proposed, the winery intends to use treated wastewater to irrigate existing vineyard and/or landscaping. A condition of approval requires implementation of the checked Voluntary Best Management Practices Measures submitted with the project application. (See Attachment B - COA No. 6.15)
Grape Sourcing - The original winery use permit for 20,000 gallons per year was approved in 2002 and was subject to the County’s 75% rule. The current request increases production to 30,000 gallons per year. The 5.72-acre project site currently has approximately 2.31 acres of vineyards with approximately 76 acres of vineyard owned by the applicant for wine production located elsewhere in the county. The applicant also provides custom crush for two growers with 14.10 acres of vineyard, with a combined maximum production at the winery of 1,950 cases. The change in production is subject to the County’s 75% rule. (See Attachment B - COA No. 4.6)
Conditions of Approval - Site improvements are required to be completed prior to any increases in winery operations beyond existing levels, such as employees, visitation, marketing, and production. Improvements include modifications to the existing winery process wastewater system. A condition of approval regarding the timing of these improvements has been added. (See Attachment B - COA 4.20.b.)
Public Comments - At the time of publication of this staff report, four comment letters and 17 letters of support were received. (See Attachment M)
Decision Making Options:
Pursuant to BOS Resolution No. 2018-164, Staff has provided separate decision-making options for the components of the project necessary to remedy the existing violation and the new expansions beyond existing entitlements for the winery Use Permit Modification.
Decision Making Options Regarding Remedying Existing Winery Use Permit Violations:
Option 1 - Approve Applicant's Proposal (staff recommendation)
Disposition - This option would result in approval of increased visitation levels, levels of employees, use of the existing barn, parking, and on-premises consumption.
Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
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. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 2 - Revised Project Request - Reduce Unpermitted Existing Operations
Disposition - This option allows the Planning Commission the ability to reduce uses on the property by decreasing the winery's existing unpermitted operations that exceed the permitted levels of their entitlements. The reduction could include reduced visitation, employees, use of the existing barn, or use of outdoor spaces for on-site consumption.
Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this applicant’s project proposal. Staff recommends no changes to the proposed visitation, employee numbers, use of the barn, or on-site consumption. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised components such as visitation, use of existing buildings, and/or employee numbers.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable conditions of approval to reduce the existing operations. The item may need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 3 - Deny Applicant's Proposal - Return to Levels in the Permitted Entitlements
Disposition - This option would deny applicant’s proposal to remedy existing violations and would require the applicant to operate the winery in compliance with its existing entitlements. This option would result in the need for unpermitted employees to be laid off, a reduction in daily and weekly visitation and cessation in the use of the existing barn. In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit 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 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.
Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:
Option 5 - Approve Applicant's Proposal (Staff's Recommendation for Major Modification and Variance)
Disposition - This option would result in approval of an increase amount of production, increase in number of employees, increased weekly visitation, additional annual marketing events beyond their approved entitlements and their existing out of compliance levels, and use of the existing barn for production, barrel storage, aging and bottling. Physical improvements would include an upgraded process wastewater system, installation of a 10,000-gallon holding tank for treated wastewater, and widening of the existing driveway.
The CEQA analysis evaluated this request; no potential environmental impacts have been identified with this project proposal. Variance request meets the provision of Code Section 18.128.060. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant's request. There would be no groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
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. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 6 - Revised Project Request - Reduction to the Expansion Request
Disposition - This option allows the Planning Commission to reduce all or some components of the requested expansion to production, visitation, marketing, employees, and use of the existing barn beyond those necessary to remedy the existing violations. No potential environmental impacts have been identified with this applicant’s project proposal. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised production, visitation, marketing, employee numbers, and/or use of the existing barn.
Action Required - Follow proposed actions listed in the Executive Summary and amend scope and applicable conditions of approval to reduce the existing operations. The item may need to be continued to a future date if significant revisions to the recommended conditions of approval are desired.
Option 7 - Deny Applicant’s Proposal - Limit Winery Operations to Levels Approved Above to Remedy Existing Violations or original entitlements.
Disposition - This option would deny applicant’s proposal to expand winery operations, physical improvements, conversion of the existing barn, and visitation and employee levels beyond what was approved and necessary to remedy existing violations. This option would result in no expansion beyond approved or existing levels.
In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Variance and/or 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 modification is not being approved.
Action Required - Commission would make a motion to deny the applicant’s proposal to expand the project.
Option 8 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Approval Memos
C. Previous Project Conditions
D. Initial Study / Negative Declaration
E. Use Permit Major Modification Application Packet
F. Variance Application Packet
G. Water Availability Analysis
H. Will Serve Request and Water Neutrality Analysis
I. Wastewater Feasibility Study
J. Trip Generation Worksheet
K. Graphics
L. Winery Comparison Analysis and Summary of Changes
M. Public Comments