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File #: 26-204    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 1/16/2026 In control: Planning Commission
On agenda: 2/4/2026 Final action:
Title: JEFF SMITH / HOURGLASS WINERY / USE PERMIT MAJOR MODIFICATION P19-00102-MOD, VIEWSHED P23-00278-VIEW, EXCEPTION TO THE CONSERVATION REGULATIONS P23-00279-UP, AND EXCEPTION TO THE ROAD AND STREET STANDARDS 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 area: Biological Resources and Tribal Cultural Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning January 1, 2026, and running through January 30, 2026 (State Clearinghouse No. SCH 2025121182) https://ceqasubmit.opr.ca.gov/. This project is not on any lists of hazardous wast...
Sponsors: Board of Supervisors
Attachments: 1. Attachment A - Recommended Findings, 2. Attachment B - Recommended Conditions of Approval and Final Agency Approval Memos, 3. Attachment C - Hourglass Winery Initial Study/Negative Declaration, 4. Attachment D - Use Permit Applications and Narrative, 5. Attachment E - Road and Street Standards Exception Request, 6. Attachment F - Water Availability Analysis, 7. Attachment G - Biological Resource Survey, 8. Attachment H - Storm Water Control Plan, 9. Attachment I - Public Water System Feasibility Report, 10. Attachment J - Wastewater Feasibility Study, 11. Attachment K - Winery Comparison Table, 12. Attachment L - Graphics, 13. Attachment M - Public Comment
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                     Napa County Planning Commission

FROM:                     Brian D. Bordona - Director Planning, Building and Environmental Services

REPORT BY:                     Matt Ringel, Planner III

SUBJECT:                     Hourglass Winery Use Permit  Major Modification (P19-00102-MOD), Viewshed Protection Program (P23-00278-VIEW), Exception to the Conservation Regulations (P23-00279-UP), and Exception to the Road and Street Standards

 

RECOMMENDATION

title

JEFF SMITH / HOURGLASS WINERY / USE PERMIT MAJOR MODIFICATION P19-00102-MOD, VIEWSHED P23-00278-VIEW, EXCEPTION TO THE CONSERVATION REGULATIONS P23-00279-UP, AND EXCEPTION TO THE ROAD AND STREET STANDARDS

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 area: Biological Resources and Tribal Cultural Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning January 1, 2026, and running through January 30, 2026 (State Clearinghouse No. SCH 2025121182) https://ceqasubmit.opr.ca.gov/. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.

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 grant a modification to Use Permit No. P06-01161-UP and subsequent modifications, to allow the following:

A. Components Necessary to Remedy Existing Violations:

1) Excavation of approximately 1,300 cubic yards of spoils and the removal of 0.1 acre of vineyard associated with the construction of improvements to the project driveway, as detailed on the plans prepared by Albion Surveys, Inc, dated October 2, 2023, and required prior to the recognition of an increase of Tours and Tastings, and increase in employee count;
2) Removal of one (1) oak tree associated with driveway improvements, and the planting of three (3) replacement oak trees (at a 3:1 ratio) on the project parcel;
3) Remove two water tanks and associated utilities, located on slopes in excess of 50%, and restoration of the site;
4) Recognition and approval of 18 visitors per day for by-appointment Tours and Tastings with a weekly maximum of 126 visitors. The winery was approved for ten (10) visitors per day with a maximum of twenty-two (22) visitors per week;
5) Recognition and approval of two (2) full-time employees and two (2) harvest employees. The winery was approved for one (1) full-time employee and two (2) harvest employees;
6) Approval of an Exception to the Napa County Road and Street Standards (RSS) to construct a modified driveway design that serves the same overall practical effect of the RSS; and
7) Approval of an Exemption to the Conservation Regulations to expand the existing driveway within the stream setback. 

B. Expansion Beyond Existing Entitlements:

1) Increase production capacity from 30,000 gallons per year to 65,000 gallons per year;
2) Construct 28,382 sq. ft. of additions to the existing Type 3 Cave, expanding the new total cave area to 38,782 sq. ft., including 36,573 sq. ft. of production area (barrel storage, cold room, wine storage, etc.) and 2,209 sq. ft. for uses accessory to a winery (hospitality area, catering kitchen, and restrooms);
3) Construct a 3,889 sq. ft. utility area, connected to the southeastern cave portal ingress/egress;
4) Construct a 6,555 sq. ft. hospitality building, including 296 sq. ft. of production area, and 6,259 sq. ft. for uses accessory to a winery;
5) Construct a 916 sq. ft. hospitality building for uses accessory to a winery, including a tasting room, patio, and restroom in conformance to the Viewshed Protection Program (Napa County Code Chapter 18.106);
6) Reconfigure the existing crush pad to accommodate an additional approximately nine (9) production tanks and associated catwalks;
7) Construct a 65,000 gallon water tank and pump house;
8) Approval of on-premises consumption of wines produced on-site on the outdoor patios/decks, outside of hospitality buildings, in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5.  No on-premises consumption was approved for the winery;
9) Excavation of approximately 25,000 cubic yards of spoils associated with the construction of structural pads for the new accessory structures, and cave construction;
10) Removal of one (1) oak tree associated with construction of the proposed utility area, and the planting of 3 replacement oak trees (at a 3:1 ratio) on the project parcel;
11) Increase the number of onsite parking spaces from nine (9) to fourteen (14);
12) Increase visitation from 18 visitors per day (recognized above) to 20 visitors per day for by-appointment Tours and Tastings with a weekly maximum of 140 visitors (126 maximum weekly visitors recognized above);
13) Increase employment from two (2) full-time employees and two (2) harvest employees (recognized above) to ten (10) full-time employees and two (2) harvest employees;
14) Increase the marketing program to allow: Fifty-four (54) events per year with a maximum of 30 guests, one (1) event per year with a maximum of 100 guests, three (3) events per year with a maximum of 250 guests, and one (1) event per year with a maximum of 500 guests. Events to include catered food. Daily tours and tastings shall not occur on days with marketing events;
15) Installation of wastewater improvements, as detailed in the Wastewater Feasibility Study prepared by Applied Civil Engineering, dated February 3, 2023;
16) Installation of a public water system; and
17) Landscaping, and other improvements typically associated with wineries.

The project is located on an approximately 39-acre and 6-acre site within the Agricultural Watershed (AW) zoning district with a General Plan land use designations of Agriculture, Watershed, and Open Space (AWOS) and Agricultural Resource (AR) at 817 Lommel Road, Calistoga, CA 94515. APNs 021-010-080-000 (winery parcel) and 021-010-081-000 (parcel with additional vineyards) (Formerly APN 021-010-001-000, 018-060-024-000, and 018-060-084-000 - revised per Lot Line Adjustment LLA No. W23-00056 (Recorded May 31, 2024).

Staff Recommendation: Adopt the Initial Study/ Mitigated Negative Declaration prepared for the project and approve Use Permit Major Modification No. P19-00102-MOD, Viewshed Protection Program No. P23-00278-VIEW, Exception to the Conservation Regulations No. P23-00279-UP, and Exception to the Road and Street Standards, as conditioned.

Staff Contact: Matt Ringel, Planner III, Matthew.ringel@countyofnapa.org, (707) 299-1351

Applicant Contact: Jeff Smith, 1104 Adams Street, Suite 104, St. Helena, CA 94574, jrsmith@napanet.net, (707) 968-9332.

Applicant Representative Contact: Jon Webb, New Albion Surveys, Inc., 1113 Hunt Avenue, St. Helena, CA 94574, jwebb@albionsurveys.com, (707)963-1217.

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EXECUTIVE SUMMARY

Proposed Actions:
That the Planning Commission:
1. Adopt the Initial Study/ Mitigated Negative Declaration based on recommended Findings 1-7 in Attachment A;
2. Approve the Exception to the Road and Street Standards based on recommended Findings 8-9 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
3. Approve the Viewshed Protection Program request (P23-00278-VIEW) based on recommended Findings 10-16 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;
4. Approve the Exemption to the Conservation Regulations request (P23-00279-UP) based on recommended Findings 17-24 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B; and
5. Approve the Use Permit Major Modification request (P19-00102-MOD) based on recommended Findings 25-29 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B;

Discussion:
The existing winery includes 6,400 sq. ft. of constructed caves and has an additional 4,000 sq. ft. of caves that are entitled but not yet constructed. The facility also contains a 15,395 sq. ft. crush pad, water tanks, and a pumphouse. The proposed project includes the construction of 28,382 sq. ft. of additions to the existing cave, construction of a 3,889 sq. ft. utility area, construction of 6,555 sq. ft. and 916 sq. ft. hospitality buildings for accessory winery uses, 65,000-gallon water tank, driveway improvements, and the addition of five (5) parking spaces. The proposed winery would have a 17.7% production to accessory ratio. The facility includes a looped driveway that circles adjacent to the proposed development area. The project includes landscaping and design measures to blend the facility into the surrounding environment (in conformance with the Viewshed Protection Program), approximately 26,300 cubic yards of earthwork for driveway improvements and the construction of the new structures and cave expansion, the removal and replacement/preservation of oak trees at a 3:1 ratio, onsite parking for fourteen (14) vehicles, increase in wine production, increase onsite employment, and an  increase to the visitation and marketing programs.

Staff has reviewed the proposed project and supports granting approval, subject to the attached findings and recommended Conditions of Approval included in Attachments A and B, respectively. Wineries are conditionally permitted uses within the Agricultural Watershed (AW) zoning district. The project is located within 1-miles of three (3) existing wineries and is surrounded with residential homes primarily containing agricultural uses, as well as vacant land, and a resort. The majority of the project’s proposed development area has previously been disturbed and includes an existing winery and vineyard. The increase in water demand from implementation of the winery would be approximately 0.563 AFY acre-feet per year (AFY), bringing the parcel’s proposed water usage to 13.497 AFY. The Water Availability Analysis, prepared by Richard C. Slade and Associates (RCS), details that the proposed 13.497 AFY water usage is within the parcel’s estimated yearly groundwater recharge total 13.5 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 area: Biological Resources and Tribal Cultural Resources. In accordance with Section 15105(b) of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning January 1, 2026, and running through January 30, 2026 (State Clearinghouse No. SCH 2025121182) https://ceqasubmit.opr.ca.gov/. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.

 

BACKGROUND AND DISCUSSION

Owner/Applicant: Jeff Smith, 1104 Adams Street, Suite 104, St. Helena, CA 94574, jrsmith@napanet.net, (707) 968-9332

Representative: Jon Webb, New Albion Surveys, Inc., 1113 Hunt Avenue, St. Helena, CA 94574, jwebb@albionsurveys.com, (707)963-1217

Zoning: Agricultural Watershed (AW)

General Plan Designation: Agriculture, Watershed and Open Space (AWOS) and Agricultural Resources (AR)

Parcel size: 39-acres and 6-acres

Application Filed: March 25, 2019

State Clearinghouse Number: 2025121182

Existing Development: The project is located on approximately 39-acre and 6-acre parcels, located approximately 0.2 miles northeast of the intersection of Silverado Trail and Dutch Henry Canyon Road . The project includes two (2) parcels, APNs 021-010-080-000 and 021-010-081-000 and includes an existing driveway, winery, vineyards, five groundwater wells, and an agricultural pond used to store groundwater. The parcel has one ingress/egress point from Dutch Henry Canyon Road. The project site is approximately 410 feet above mean sea level (amsl). The proposed winery tasting rooms and offices are located within an area that was previously developed and contains a looped driveway. The site previously also contained a single-family residence, but residence was destroyed in the 2020 Glass Fire. Hourglass Winery has reconstructed a covered crush pad, water tanks, and replanted vineyards following the 2020 Glass Fire. The parcel contains approximately 18.7 acres of vineyard that has been planted, and an additional 2.5 acres of vineyard that has been previously entitled by Napa County, but not yet planted. The geologic unit and soil type include Boomer loam volcanic bedrock (2 to 35 percent slopes), Perkens gravelly loam (5 to 9 percent slopes), Bale clay loam (2 to 5 percent slopes) MLRA 15, and Riverwash. The property contains disturbed Ruderal Grassland, and Mixed Oak Woodland. Clean up of burned debris has disturbed the area. Many of the oak trees on the property were damaged in the fire. Some of the oak trees are recovering while others are declining. Dead trees have been removed. 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 814 feet to the northwest from the project area.

Entitled Winery Building Size: 10,400 sq. ft. type 3 cave (approximately 9,568 sq. ft. of production area and 832sq. ft. for uses accessory to winery), and 15,395 sq. ft. crush/fermentation pad
Proposed Winery Building Size: 38,782 sq. ft. type 3 cave (approximately 36,573 sq. ft. of production area and 2,209 sq. ft. for uses accessory to a winery), 15,395 sq. ft. crush/fermentation pad, 3.889 sq. ft. utility area, 6,555 sq. ft. hospitality building (296 sw. ft. of production area and 6, 259 sq. ft. for uses accessory to a winery), 916 sq. ft. hospitality building for uses accessory to a winery.

Existing Winery Development Area: 56,130 sq. ft. or 1.3-acres
Proposed Winery Development Area: 67,730 sq. ft. or 1.6-acres

Existing Winery Coverage Area: 29,621 sq. ft. or 0.68-acres
Proposed Winery Coverage Area: 37,215 sq. ft. or 0.85-acres (maximum allowed: 25 percent or approximately 9-acres).

Existing Accessory/Production Ratio: 0.8 percent
Proposed Accessory/Production Ratio: 17.7 percent (maximum allowed: 40 percent)

Entitled Production Capacity: 30,000 gallons
Existing Production Capacity: 30,209 (three-year average from 2017-2019)
Proposed Production Capacity: 60,000 gallons

Entitled Number of Employees: One (1) full time and Two (2) part time
Existing Number of Employees: Two (2) full time and Two (2) part time
Proposed Number of Employees: Ten (10) full time and Two (2) part time

Entitled Visitation: Hosted daily, tours and tasting by appointment for a maximum of 10 visitors per day with maximum of 22 visitors per week, resulting in 1,144 visitors per year.
Existing Visitation: Hosted daily, tours and tasting by appointment for a maximum of eighteen (18) visitors per day with a maximum of 126 visitors per week, resulting in 6,570 visitors per year.
Proposed Visitation: Hosted daily, tours and tasting by appointment for a maximum of twenty (20) visitors per day with a maximum of 140 visitors per week, resulting in 7,300 visitors per year.

Existing/entitled Marketing Program: fifteen (15) events per year with a maximum of 30 guests and one (1) event per year with a maximum of 100 guests. (550 yearly marketing guests)
Proposed Marketing Program: 54 events per year with a maximum of 30 guests, one (1) event per year with a maximum of 100 guests, three (3) events per year with 250 guests, and one (1) event per year with 500 guests. (2,970 yearly marketing guests)

 

Phases Outlined within Conditions of Approval:

 

Road Improvements - Staff recommends that the Winery continue to operate at existing/recognized visitation, marketing, and employment levels until October 15, 2026. At this date, the winery shall have obtained all necessary permits ansd constructed driveway improvements. If the driveway improvements have not been constructed by this date, the winery shall revert operations to the original visitation levels outlined within the winery’s original Use Permit (P06-01161-UP).

 

Public Water System - If the total amount of individuals on the parcel exceeds 24 individuals (visitation, marketing, employment, etc.) for 60 days or more per year, a Public Water System is required by the State of California. Staff recommends limiting the number of individuals on the parcel to aggregate to less than 24 individuals on the parcel per day, until a Public Water System has been constructed and is operational.

 

Wastewater System Improvements: The wastewater system on the parcel can effectively process wastewater for the existing/recognized uses. Staff recommends limiting the visitation, marketing, employee, and production volumes to the existing/recognized levels, until wastewater system improvements have been installed, then the winery could operate at increased levels.


Entitled/Existing/Proposed Days and Hours of Winery Production: 8:00 A.M. - 5:00 P.M. Monday through Sunday
Entitled/Existing/Proposed Days and Hours of Visitation and Marketing: Noon-4:00 P.M. and 6:00 P.M. - 10:00 P.M.

Existing/Entitled Parking: nine (9) parking stalls
Proposed Parking: fourteen (14) parking stalls, including one ADA compatible

Setbacks:
Required property line setbacks: 20 feet front, side, and rear yards setbacks.
Existing Setbacks: The winery meets all required road, front, side, and rear setbacks.
Proposed Setbacks: All winery related buildings are 300 or more feet away from the centerline of the shared private driveway and 600 or more feet from the centerline of Silverado Trail.

Adjacent General Plan Designation / Zoning / Land Use:
North: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / vacant land uses.
South: Agricultural, Watershed, and Open Space (AWOS) and Agricultural Resource (AR) General Plan land use designations / Agricultural Watershed (AW) Zoning District / agriculture and single-family residential land uses.
East: Agricultural, Watershed, and Open Space (AWOS) General Plan land use designation / Agricultural Watershed (AW) Zoning District / resort.
West: Agricultural, Agricultural Resource (AR) General Plan land use designation / Agricultural Preserve (AP) Zoning District / agricultural and single-family residential land uses.

Wineries in One (1) Mile Vicinity:
Shutters Winery, Davis Estates, and Parable Winery .

Parcel History:
On April 18, 2007, the Napa County Planning Commission approved  Winery Use Permit (P06-01161-UP) to establish a winery with an annual production limit of 30,000 gallons of wine, a 10,400 square foot Type 3 wine cave, 16,800 square feet of outdoor work area, 4,700 square foot canopy, one (1) full-time employee, two (2) harvest employees, nine (9) parking spaces, tours and tastings by appointment only with 10 visitors per day or 22 visitors average per week, a marketing plan (15 private wine, food, and harvest events per year with a maximum of 30 people per event between the hours of noon - 4pm and 6pm -10pm, and one Napa Valley Wine Auction event with a maximum of 100 people),  three 10,000 gallon water tanks, winery wastewater and sewage systems; and improvements to the existing gravel driveway to provide access from Lommel Road to the winery. On April 1, 2010, a use permit Very Minor Modification was approved (P08-00148-VMM) to modify the winery wastewater system from a septic system with drip irrigation to a Hold and Haul system.

In September of 2020, the parcel was impacted by the Glass Fire, which destroyed all structures on the parcel other than the winery’s caves. On January 24, 2021, a Winery Administrative Modification was approved (P21-00260-WADM) to modify the tanks located adjacent to the crush pad canopy, modify the size and material of the crush pad canopy, and modify the roof of the unconditioned bathroom/mechanical building. On April 25, 2022, a Winery Minor Modification was approved (P21-00302-MOD) to relocate a 250 square foot pump house and a 10,000 gallon steel water tank. Five groundwater wells have been approved by Napa County across the two parcels between the years of 1991-2008.

Code Compliance History:
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 Fire and Building Code issues such as, exiting signage in the cave, emergency lighting, keeping cave exit routes clear of obstructions, the installation of fire extinguishers, etc. Code Enforcement Case CE19-00155 was opened for the alleged violations outside the scope of the Use Permit. The proposed project is conditioned to apply for the necessary building permit application(s) to remedy any outstanding violations within 60-days of Use Permit approval.

Discussion Points:
Setting - The project is located on approximately 39-acre and 6-acre parcels, located approximately 0.2 miles northeast of the intersection of Silverado Trail and Dutch Henry Canyon Road. The project includes two (2) parcels, APNs 021-010-080-000 and 021-010-081-000 and includes an existing driveway, winery, vineyards, five groundwater wells, and an agricultural pond used to store groundwater. The parcel has one ingress/egress point from Dutch Henry Canyon Road. The project site is approximately 410 feet above mean sea level (amsl). The proposed winery tasting rooms and offices are located within an area that was previously developed and contains a looped driveway. The site previously also contained a single-family residence, but the residence was destroyed in the 2020 Glass Fire. Hourglass Winery has reconstructed a covered crush pad, water tanks, and replanted vineyards following the 2020 Glass Fire. The parcel contains approximately 18.7 acres of vineyard that has been planted, and an additional 2.5 acres of vineyard that is entitled, but not yet planted. The geologic unit and soil type include Boomer loam volcanic bedrock (2 to 35 percent slopes), Perkens gravelly loam (5 to 9 percent slopes), Bale clay loam (2 to 5 percent slopes) MLRA 15, and Riverwash. The property contains disturbed Ruderal Grassland, and Mixed Oak Woodland. Clean up of burned debris has disturbed the area. Many of the oak trees on the property were damaged in the fire. Some of the oak trees are recovering while others are declining. Dead trees have been removed. Land uses in the area are dominated by large lot residential properties, vineyards, and a resort. There are several nearby off-site residences, with the closest measuring approximately 814 feet to the northwest from the project area.

Winery Proposal - The proposed project includes recognizing the existing conditions, and proposed expansions beyond the existing conditions. The winery is currently in the Code Compliance program to recognize the current conditions, which include the following items which are in excess of the winery’s entitlements:  tours and tasting, and full-time employees. Additionally, the proposed project includes expansion beyond the current conditions to increase maximum annual production volume, increase the number of employees, increase tours and tastings, increase the marketing program, construct two hospitality building buildings primarily for uses accessory to a winery (tasting room and offices), and an expansion to the existing wine cave.


The proposed new 916 square foot winery building will support uses accessory to wine production, including a tasting room and restroom. The proposed cave expansion includes one new cave portal for ingress/egress. These two structures will include vegetative screening, to screen a minimum of 51% of the structure from view from Silverado Trail (within five (5) years of obtaining final occupancy), as they are subject to the Viewshed Protection Program. The proposed project also includes the construction of a 6,555 sq. ft. structure (6,259 sq. ft. for uses accessory to a winery and 296 sq. ft. for production), a 3.889 sq. ft. utility area, a 28,382 sq. ft. expansion to the existing Type 3 cave (bringing the cave total to 38,782 sq. ft.: 2,209 sq. ft. for uses accessory to a winery and 36, 573 sq. ft. for production), the installation of a 65,000 gallon water tank, construction of a pump house, the addition of five (5) parking spaces, and the approval of on-premises consumption of wines produced on site on the outdoor patios/decks of the hospitality buildings.

Visitation and Marketing - The winery’s entitled visitation includes tours and tasting by appointment for a maximum of 10 visitors per day with maximum of 22 visitors per week, resulting in 1,144 visitors per year. The applicant requests recognizing the existing visitation which includes tours and tasting by appointment for a maximum of 18 visitors per day with a maximum of 126 visitors per week, resulting in 6,570 visitors per year. Additionally, the applicant proposes increasing visitation to include tours and tasting by appointment for a maximum of 20 visitors per day with a maximum of 140 visitors per week, resulting in 7,300 visitors per year.

 
The winery’s entitled marketing program includes 15 events per year with a maximum of 30 guests and one (1) event per year with a maximum of 100 guests (totaling 550 yearly marketing guests).

The applicant’s proposed marketing program includes 54 events per year with a maximum of 30 guests, one (1) event per year with a maximum of 100 guests, three (3) events per year with 250 guests, and one (1) event per year with 500 guests (totaling 2,970 yearly marketing guests). The proposed recognized increase in the visitation program shall not permanently occur until the winery has constructed improvements to the project driveway. The increase in visitation and marketing, beyond the levels proposed to be recognized, shall not occur until the winery has completed the aforementioned improvements, installed wastewater system improvements, and installed a public water system. Guests for marketing events in excess of 30 visitors will be transported to the site via shuttle/bus (COA No. 4.3). No visitation will occur on days with marketing events (COA No. 4.2f).

Water - A Water Availability Analysis was prepared by Richard C. Slade & Associates LLC. (RCS), dated January 31, 2023. As directed by the County’s Water Availability Analysis Guidance Document of May 2015 (WAA) and the Interim Standards, the report includes 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.

There are five existing wells across two parcels owned by Hourglass Winery (APNs 021-010-080-000 and 021-010-081-000): Groundwater for vineyard irrigation is pumped primarily using Well Nos. 1, 2, 3, and 4. Occasionally, some supplemental groundwater is pumped from Well 5 when necessary. One pond exists on the subject property (located on APN 021-010-080-000), which is lined and filled only with direct rainfall and with groundwater pumped from the onsite wells. The wells are “cycled” throughout the irrigation season to fill the pond and allow periods of rest (water level recovery) for each well. RCS’s report analyses that the existing wells were constructed between 1991-2008, were constructed with well depths ranging from 370-508 feet deep, constructed with PVC casings with diameters ranging from 5-6 inches, and sanitary seals ranged from 20-54 feet below ground surface (bgs). For the proposed winery project, Well 5 will be pumped to meet all winey demands, and is considered to be the “project well”.  Well 5 is constructed with a cement sanitary seal from ground surface to 54 feet bgs. This seal depth, greater than 50 feet, meets the requirements necessary to allow Well 5 to be used for public water supply purposes. Reported maximum airlift rates for initial post-construction airlifting operations in the onsite wells were estimated by the respective driller to have ranged from 25 gallons per minute (gpm) in Well 1, to 130 gpm in the Well 3, at the time of their respective well construction.

Tier 1: The Tier 1 analysis considered existing uses onsite to include the existing winery, and winery landscaping irrigation, and vineyard. The existing groundwater usage is estimated at 12.93 acre-feet per year (AFY). The proposed project would increase groundwater use by 0.57 AFY resulting in an overall water usage of 13.5 AFY.

 

 

Existing and Proposed Groundwater Usage Broken Down Across Uses

Source of Demand

Existing (AFY)

Proposed (AFY)

Difference (AFY)

Vineyard (21.2 acres)

10.6

10.6

0

Winery Process Water

0.968

1.290

+0.322

Winery Landscaping

1.228

1.228

0

Employees

0.07

0.216

+0.146

Tasting Room Visitation

0.06

0.067

+0.007

Events and Marketing, with onsite catering

0.0

0.075

+0.075

Events and Marketing, with offsite catering

0.008

0.021

+0.013

Total

12.934

13.497

+0.563

 

Well 1 through 5 and the majority of the project parcels are outside of the GSA. A smaller western portion of the project parcels are within the GSA boundary. Napa County’s WAA procedures are dependent on the location of the project well(s) being located inside or outside of the GSA. Since portions of the parcels are outside the GSA and inside the GSA, each have different methods to calculate the total groundwater recharge of the subject areas and the recharge values are then combined into one total rate of recharge for the subject property. Due to portions of the project parcels being outside of the GSA boundary, a parcel specific recharge calculation was prepared for this portion of the project. The groundwater recharge was estimated by reviewing the soil properties and geological materials present and their ability to percolate groundwater to the saturated zone of the aquifer. Calculation of evapotranspiration using local climate data along with soil moisture storage and precipitation is believed to provide a more accurate representation of local conditions; evapotranspiration is the largest component of the water balance. The analysis used the PRISM data aggregated from a 10-year average for precipitation in Napa County between water year 2011-12 and water year 2020-21. The project WAA estimates that the portion of the project parcel outside of the GSA has a recharge of 0.4 AFY per acre. For the purposes of the WAA, even though a majority of the parcel is located outside of the groundwater basin, RCS chose to apply the GSA’s more conservative estimate of 0.3 AFY per acre across the entire parcel.

 

Napa County’s WAA guidelines allot 0.3 AFY of water per acre of land within the GSA or no net increase if that allocation is already exceeded. As RCS recommended using the 0.3 AFY of water per acre for the portion of land outside of the GSA, the entire parcel would be subject to a recharge calculation of 0.3 AFY of water per acre of land. The 46 acres of the project parcels has an estimated groundwater recharge of 13.5 AFY (46 acres x .30 AFY).

 

As a whole, the total proposed groundwater demand is 13.49 AFY, equivalent to 99.9% estimated annual groundwater recharge values for parcel area. Due to this factor, the project has been conditioned to include COA No. 6.15(e) and COA No. 4.20(a) to impose a cap on maximum annual groundwater extraction and monitoring.

 

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 or the well is located within 1,500 feet from a spring. The project well (Well 5) is located within 500 feet from three neighboring wells and greater than 1,500 feet from a spring. Two of these neighboring wells are located northeast of Well 5, whereas the other offsite well is located southeast of the subject property (east of Lommel Rd). Due to damage occurred in the 2020 Glass Fire, only one neighboring well head was physically accessible. This well is located approximately 245 feet from the project well. The neighboring well was constructed in 2009 to a depth of 505 feet using PCV casing, perforations extended from a depth of 155-505 feet bgs in the 5-inch diameter casing. A 72-hour pump test was conducted on Well 5, at pump rates averaging nine (9) gallons per minute (gpm), and seven water level tests were completed on the neighboring well simultaneously. Based on this data, no water level drawdown interference was induced. 

 

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 County’s WAA guidance document. Per the County’s WAA, a Tier 3 analysis was performed to evaluate potential groundwater to surface water interaction. RCS’s WAA concludes that the project well (Well 5) is not in direct hydraulic connection with any defined significant streams because:

 

a.                     Based on the available data, flow in both Biter and Dutch Henry Creek is typically constrained to the wetter portion of the year, following significant rain events. Many data sources show that both creeks are often dry.

b.                     A watershed survey conducted by the NCRCD in 2012 noted that the streams in the Silby Creek watershed were essentially dry channels at the time of the survey.

c.                     Well 5 is constructed in a manner that excludes flow into the well by virtue of the cement sanitary seal that extends to a depth of 54 ft bgs. At this depth, groundwater in the thin alluvial sediments (if any) is excluded from entering the well.

d.                     Perforations in the Well 5 casings begin at a depth of 94 ft bgs, far below the depth of the alluvium in either creek channel.

e.                     Water level data for Well 5 for several different dates show water elevations that are below the bottom elevations of both stream channels. Further, flow conditions in the creed do not correlate with water level elevations in Well 5.

 

The WAA found that the aquifers of the project wells are not directly connected to Dutch Henry Creek or Biter 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. County has satisfied its duty to consider impacts to trust resources and no further analysis is required.

 

Public Trust - The public trust doctrine requires the state and its legal subdivisions to “consider,” give “due regard,” and “take the public trust into account” when considering actions that may adversely affect a navigable waterway. (Environmental Law Foundation v. State Water Resources Control Bd.; San Francisco Baykeeper, Inc. v. State Lands Com.) There is no “procedural matrix” governing how an agency should consider public trust uses. (Citizens for East Shore Parks v. State Lands Com.) Rather, the level of analysis “begins and ends with whether the challenged activity harms a navigable waterway and thereby violates the public trust.” (Environmental Law Foundation, 26 Cal.App.5th at p. 403.). As demonstrated in the Environmental Law Foundation vs State Water Resources Control Board Third District Appellate Court Case, that arose in the context of a lawsuit over Siskiyou County’s obligation in administering groundwater well permits and management program with respect to Scott River, a navigable waterway (considered a public trust resource), the court affirmed that the public trust doctrine is relevant to extractions of groundwater that adversely impact a navigable waterway and that Counties are obligated to consider the doctrine, irrespective of the enactment of the Sustainable Groundwater Management Act (SGMA). As disclosed and assessed in the Initial Study/Mitigated Negative Declaration and the WAA, the County concludes that no harm to (or less-than-significant impacts on) public trust resources would result from the proposed project.

 

Sanitary Waste Disposal - A Wastewater Feasibility Report, dated February 3, 2023, was prepared by Applied Civil Engineering, which outlines two options for the required wastewater system to meet the needs of the proposed winery production, employees, visitation, and marketing programs.

 

Option A: The existing septic system serving the winery is consists of a system has a combined domestic and process waste septic system. The system is a conventional gravity distribution type system that was installed between August 2008 and December 2008. The system was designed to serve a 30,000 gallon per year winery with a peak flow of 1,000 gallons per day (gpd) of process wastewater, 165 gpd of winery sanitary wastewater and a four bedroom residence with a design flow of 600 gpd. The total design flow is 1,765. To bring the wastewater system into compliance with current code, match the proposed employee and visitation numbers, and the proposed production numbers, the existing system could achieve the required 2,200 gpd with the addition of four new leach lines at 100 LF each. This system would require the process wastewater be pre-treated before being disposed of in the leach field.

 

Option B: Given the requirement for pretreatment of process wastewater, the handling of the process and domestic waste streams could be processed separately. The domestic waste could continue to go to the existing leach field since the peak flows (690 gpd) are less than the 1,765 gpd design capacity for the existing leach field. The process waste in this scenario would be pretreated to land application strength requirements (160 gm/L BOD and 80 mg/L TSS) and surface irrigated to approximately two (2) acres of vineyard located southwest of the winery development area.

 

All application of treated winery process wastewater must comply with the requirements of the Napa County Process Wastewater Guidelines for Surface Drip Irrigation. The facility will have to enroll for coverage under the General Waste Discharge Requirements for Winery Process Water and meet discharge standards and monitoring requirements specific to the amount of waste discharged. The Division of Environmental Health reviewed this report and concurred with its findings, conditioned that the plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health. Ongoing water quality monitoring will be required. Additionally, water quality would be maintained through standard stormwater quality treatment control measures and compliance with Engineering Division Conditions of Approval.

 

Greenhouse Gas Reduction Strategies - The Department of Public Works has conditioned the project to require a Transportation Demand Management Plan prior to building permit issuance, detailing measures to reduce vehicle trips. These measures shall include, but not limited to, subsidized transit passes, carpool incentives, and bicycle trip-end facilities such as bicycle parking.

 

Grape Sourcing - The proposed winery will have a maximum production of 60,000 gallons of wine. The 21.2 acres of on-site vineyards will provide a source for grapes for wine production. The applicant has signed the County’s 75 Percent Grape Source Agreement.

 

Noise - The proposed project would result in a temporary increase in noise levels during grading and construction activities and the intermittent increase of ambient noise resulting from wine making and visitation. However, noise generated during by construction activities would be limited to daylight hours and the use of properly muffled vehicles. Outdoor amplified music is not proposed.

 

Biology - According to the Project Biological Resource Survey (Kjeldsen Biological Consulting, August 2023) the project site consists of disturbed Ruderal Grassland, and Mixed Oak Woodland. Several structures burned where the hospitality structure is proposed. Clean up of burned debris has disturbed the area. Many of the oak trees on the property were damaged in the fire. Some of the oak trees are recovering while others are declining. Dead trees have been removed.

 

The cave expansion portion of the proposed project will be located underground, and will not require the removal of native vegetation or undisturbed area. The proposed utility area is located within a heavily disturbed area due to the Glass Fire, and the subsequent 2023 rebuilding of the covered crush pad. The proposed new utility area requires the removal of one oak tree. The proposed 65,000 gallon water tank and pump house will be located within previously approved winery coverage area, within a disturbed utility area with three existing water tanks and pump house that were constructed in 2023. The 6,555 sq. ft. hospitality building will be located atop the building site of the previously existing residence, which was previously disturbed to fully remove the fire damaged structure. The proposed 916 sq. ft. hospitality building, with a tasting room, patio, and restroom, will be located in an area that was disturbed by the Glass Fire.

 

Special Status Plant Species: Based upon a review of the resources databases listed in the project’s Biological Resource Study (Kjeldsen Biological Consulting, August 2023) (The Biological Study), 31 special-status plant species have been documented in the vicinity of the project site. Seasonal procol-level surveys were conducted for special status plants. The Biological study found  that ten of these special status plant species (Franciscan Onion, Bent-flowered Fiddleneck, Napa False Indigo, Clara Hunt’s Milk-vetch, Jepson’s Milk-Vetch, California Brodiaea, Adobe-lily, Jepson’s Leptosiphon, Cobb Mountain Lupine, and Marsh Microseries) have habitat present on the project site, but were not present upon blooming season surveys. Additionally, the California Department of Fish & Wildlife’s (CDFW) California Natural Diversity Database’s (CNDDB) Rare Find 5 database records the Quadrangle as a Sensitive Element Occurrence (EO) for the Calistoga Popcorn-flower. California Rare Plant Rank 1B1 (rare, threatened, or endangered in CA or elsewhere). State of California status is identified as “Threatened” while the Federal Status identifies it as “Endangered.” Its habitat is identified as springs and meadows. The Biological study concluded that the project does not contain habitat for the Calistoga Popcorn-flower. The Biological study included protocol level surveys that concluded that no special-status plant species were observed on or near the site.

 

Special Status Wildlife Species: The Biological study reviews that 11 special status wildlife species have been documented in the vicinity of the project site. The Biological study found that none of these special status wildlife species have habitat present on the project site. The CDFW CNDDB records the Calistoga Quadrangle as a Sensitive Element Occurrence (EO) for the American Peregrine Falcon. The project site does not contain nesting for foraging habitat for this species.

 

The proposed project includes the expansion of the winery’s driveway, to meet the same overall practical effect of the Road and Street Standards. This expansion includes widening a portion of the driveway within the site’s stream setback for Biter Creek. The proposed driveway expansion will expand approximately 800 feet of the driveway to meet the required 22-foot width of the Road and Street Standards. The widening road width ranges, with some western portions only requiring the addition of a few inches, while the eastern portion requires that the road be expanded approximately an additional four feet. The southern portion of the road abuts Biter Creek and the northern portion abuts an existing vineyard. The road expansion is proposed on the northern portion of the driveway, encroaching into the vineyard and away from the creek. The proposed expansion requires the removal of one oak tree and approximately 0.1 acre of vineyard. While the proposed tree removal is located next to the project driveway, with low quality and highly disturbed habitat due to regular vehicle traffic, migratory birds and raptors have the potential to nest within the woodlands adjacent to the project area. Tree removal along the periphery of the project site to accommodate improvements to the project driveway and intermittent increases in noise levels due to project construction may cause nest abandonment and death of young birds or raptors, or loss of reproductive potential at active nests located near project activities, resulting in potentially significant indirect and cumulative impacts to special-status bird species. The biological study also analyzed: Raptor Nests, Bird Rookeries, Bat Roosts, Wildlife Dens or Burrows. The biological study concluded that no bird rookeries or raptor nests were observed during their surveys on the property. Trees adjacent to the project do not contain suitable bat habitat. Very few burrows were observed, but small mammals and songbirds likely utilize habitats on the project site for foraging and cover. No significant wildlife dens or burrows were observed. The project will not result in a significant negative impact on wildlife.

 

Out of an abundance of caution, Mitigation Measure BIO-1 will require preconstruction surveys for nesting birds to reduce this impact to less than significant level. Due to proposed tree removal, and out of an abundance of caution, in order to mitigate any potentially significant impacts to bat species, Mitigation Measure BIO-2 requires a bat habitat assessment and surveys prior to any on site vegetation removal.

 

No other sensitive species have been identified. Based on the limited location of site improvements and minor modifications to winery operations, it is unlikely that the proposed project would have a substantial adverse effect on any candidate, sensitive or special status species, or that it would have a substantial adverse effect on sensitive natural communities. Due to the aforementioned factors, the proposed project would have a less than significant impact on any candidate, sensitive or special status species, or on sensitive natural communities.

 

Cultural - Notice of the proposed project was sent certified mail to Middletown Rancheria, Mishewal Wappo Tribe of Alexander Valley, and Yocha Dehe Wintun Nation on October 15. The County received a response email from the Middletown Rancheria of Pomo Indians of California on October 16, 2025, indicating that the project area is within their aboriginal territories and the correspondence requested project information and tribal consultation. On October 16, 2025, the County replied to the Middletown Rancheria and stated that the application is in process and subject to review pursuant to the California Environmental Quality Act (CEQA) so tribal consultation would be ongoing. The County sent consultation closure notices to the Mishewal Wappo Tribe of Alexander Valley and Yocha Dehe Wintun Nation on November 19, 2025, because no request for consultation was received and more than 30 days had elapsed since the County’s consultation invitations were provided.

 

On December 2, 2025, a site inspection was conducted with The Middletown Rancheria (Michael Rivera) and Napa County Planning Division staff (Matt Ringel) as part of requested consultation.  In subsequent communications with The Tribe on December 3, 2025, mitigation measure TCR-1 was agreed to further protect and avoid impacts to potential tribal cultural resources.

 

According to the Napa County Environmental Resources Maps (based on the following layers - Historical sites points & lines, Archaeology surveys, sites, sensitive areas, and flags) no archaeological resources have been identified on the property. Furthermore, no resources that may be significant pursuant to Public Resources Code Section 5024.1(c) have been identified in the development area.

 

Access Improvements/Transportation - An Exception to the Napa County Road and Street Standards (“NCRSS”) is requested for improvements to the driveway and the driveway entrance to accommodate environmental and physical constraints that present challenging obstacles to the installation of a fully compliant road. The NCRSS requires a 22-foot minimum width for commercial access roads. The exception will  preserve unique features of the natural environment which includes, but is not limited to, natural water courses, steep slopes, geological features, heritage oak trees, or other trees of at least 6 feet dbh and found by the decision-maker to be of significant importance, but does not include man-made environmental features such as vineyards, rock walls, ornamental or decorative landscaping, fences or the like.

 

The existing driveway in this area serves only the subject parcel. From Station 0+00 (County Right Away) to Station 13+00, the driveway is currently paved with gravel and chipseal to an average width of 14 feet. This area was previously granted an Exception to the Road and Street Standards for width due to proximity to Biter Creek. Longitudinal slopes vary and generally average less than 5%. At Station 13+00, the driveway turns away from the stream and the paved width increases to approximately 20 feet from Station 13+00 to the winery site (Station 19+00). Longitudinal slopes vary and generally average approximately 10%.

 

As part of this project, the majority of the driveway will be expanded to 20 foot width with 2 foot of shoulders. An approximately 100 linear foot portion of the driveway, from station 2+50 to 3+50, is incombered by mature oak trees and a stream setback. In this portion, the project proposes to maintain an existing driveway width of 12 feet and a horizontal clearance of 14 feet. Current NCRSS require the road to be 20 foot paved width, with 1foot shoulders on each side with a 15 foot horizontal clearance; however, widening the road as required in this area would require complete driveway reconstruction, removal of mature native oak trees, and the installation of approximately 1,000 square feet of impervious surface within the stream setback.

 

An exception is requested for the existing driveway width at this location for the existence of physical site limitations including existing natural water courses and large native trees. Signage will be added at each end of each section of driveway stating “Single-Lane Road Next 100 Feet”. Finally, the area around the winery buildings will be cleared of vegetation in accordance with the Napa County Defensible Space Guidelines, resulting in a driveway that provides the following characteristics:

 

1.                      Access for emergency wildland fire equipment;

2.                      Safe civilian evacuation;

3.                      Signing that avoids delays in emergency equipment response;

4.                      Available and accessible water to effectively attack wildfire or defend a structure from wildfire, and

5.                      Fuel modification sufficient for civilian and fire fighter safety.

 

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 site, as proposed, would have a total of fourteen (14) parking spaces (with one designated for ADA drivers). Visitors to the Winery will be by appointment only. On a busy day, a maximum of 20 visitors will arrive in a staggered arrangement so that there should never be more than three or four guest vehicles at the site at anytime. Occasionally, visitors will arrive in a higher-occupancy vehicle such as an SUV, minivan or smaller shuttle bus. The ten (10) full-time employees and two (2) harvest employees per day would then occupy the remaining spaces. The project is designed to meet the NCRSS or same overall practical effect, 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 (COA No. 4.3); furthermore, reducing the proposed project’s need for additional parking.

 

Viewshed Protection Program - Napa County Code Chapter 18.106 establishes:

Section 18.106.030(A): Applicability-New and Expanded Structures. No building permit, erosion control plan for structural development, grading or other administrative permit shall be issued by any county staff, agency or department for any new structure or improvement to an existing structure if the structure is located on a slope of fifteen percent or more as defined in Section 18.106.020 or if the structure is located on any minor or major ridgeline as defined in Section 18.106.020 except as specifically provided for herein. The ordinance applies to all new structures located on slopes of fifteen percent or more or located on a minor or major ridgeline

The proposed 916 sq. ft. tasting building and the new cave portal door are located on slopes greater than 15% and would be visible from State Highway 29, Silverado Trail, and Larkmead Lane, designated Viewshed Roads; therefore, they are subject to the Viewshed Protection Program. The Viewshed Protection Program, includes different review paths depending on project specific and site-specific factors. The applicant has requested review under NCC Section 18.106.050 - Processing of projects subject to review and approval by the zoning administrator or commission. The project’s conformance to the Viewshed Protection Program’s required findings has been detailed within Attachment A.

 

Public Comments - At the time of staff report preparation, one public comment has been received in support of the proposed project.

 

Decision Making Options Regarding Remedying Existing Winery Violations:

 

As noted in the Executive Summary Section above, staff is recommending approval of the components of the project necessary to remedy existing violations with conditions of approval as described in Option 1 below. Decision-making options also include a no project alternative and a reduced project alternative.

 

Option 1 - Approve Applicant’s Proposal (Staff Recommendation)

 

Disposition - This option would result in approval of visitation, employee levels, and the installation of driveway improvements.

 

Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request.

 

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 - Reduced Project Request

 

Disposition - This option would require that the applicant reduce their existing maximum daily visitation numbers, and employment numbers. The existing visitation requested for recognition is above the annual visitation average and median values of by appointment wineries of similar production capacity. The recognition of visitation and/or an increased employee count would require driveway upgrades. A public water system would be required if visitation and the employee count is equal or greater than 25 visitors per day for more than 60 days per year.

 

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 employees and required conditions of approval. The item will 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

 

Disposition - This option would deny the applicant’s proposal to remedy existing violations and would require the applicant to operate the winery in compliance with the existing entitlements. This option would result in the need for unpermitted employees to be laid off, reverting back to the entitled  visitation levels. In the event the Planning Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit Major Modification, the Planning Commission should identify what aspect, or aspects, of the project are in conflict with the required findings. State Law requires the Planning Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.

 

Action Required - Planning Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Planning Commission on a specific date.

Option 4 - Continuance Option

The Planning Commission may continue an item to a future hearing date at its own discretion.

 

Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:

 

Staff recommends approval of the applicant's proposal as described in Option 1 below.

 

Option 1 - Approve Applicant’s Proposal (Staff Recommendation)

 

Disposition - This option would result in approval of an increase in annual production volume, number of employees, increased daily and weekly visitation, increased marketing program, and wastewater system improvements. County divisions and departments have reviewed the proposal and are in support of the applicant’s request. 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.

 

Option 2 - Revised Project Request

 

Disposition - This option allows the Planning Commission to reduce all or some components of the requested expansion to production, visitation, marketing, employees, and on-premise outdoor consumption tasting area of wines produced at the winery. The visitation requested for expansion is above the annual visitation average and median values of by appointment wineries of similar production capacity. The marketing program is above the average and median values of marketing program visitation for by appointment wineries of similar capacity.

 

If the Planning Commission elects to pursue this option, the recommended Conditions of Approval would need to reflect the revised visitation, marketing, and 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 the Applicant’s Proposal

Disposition - This option would deny the applicant’s proposal to expand winery annual production, visitation, marketing, employment levels, and physical improvements beyond what was approved and necessary to remedy existing violations. This option would result in no expansion beyond existing levels.

 

In the event the Planning Commission determines that the project does not or cannot meet the required findings for issuance of a Use Permit, the Commission 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 is not being approved.

 

Action Required - Planning Commission deny the project.

 

Option 4 - Continuance Option

 

The Planning 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. Initial Study/Negative Declaration

D. Use Permit/Viewshed/Exemption the Conservation Regulations Applications/Project Description

E. Road and Street Standards Exemption Request

F. Water Availability Analysis

G. Biological Resource Study

H. Stormwater Control Plan

I. Public Water System Feasibility Report

J. Wastewater Feasibility Report

K. Winery Comparison Chart

L. Graphics

M. Public Comment