TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Emily Hedge, Planner III - (707) 259-8226
SUBJECT: Castello di Amorosa Winery, Use Permit Major Modification Application #P19-00459-MOD
RECOMMENDATION
title
DARIO SATTUI / CASTELLO DI AMOROSA / USE PERMIT MAJOR MODIFICATION APPLICATION #P19-00459-MOD
CEQA Status: Consideration and possible adoption of Categorical Exemptions, Class 1, 2, 3, 4, and 11. Article 19 of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines) establishes a list of classes of projects that are categorically exempt from the provisions of CEQA. Based on the proposed project as described below, the project meets the criteria for eligibility as Categorically Exempt from CEQA. The project will not impact an environmental resource of hazardous or critical concern, has no cumulative impact, there is no reasonable possibility that the activity may have a significant effect on the environment due to unusual circumstances, will not result in damage to scenic resources, is not located on a list of hazardous waste sites, or cause substantial adverse change in the significance of a historical resource. See Class 1 (“Existing Facilities”), Class 2 (“Replacement or Reconstruction”), Class 3 (“New Construction or Conversion of Small Structures”), Class 4 (“Minor Alterations to Land”), and Class 11 (“Accessory Structures”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301, §15302, §15303, §15304, and §15311. The project is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: This application was processed under 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. U-278485 and subsequent modifications, to recognize and approve items that are out of compliance with permitted entitlements. Project components include an increase in the number of employees, daily visitation, marketing events, and conducting hospitality activities in portions of the winery building and cave previously approved for production uses. The application separately requests an increase in parking spaces, installation of a replacement well, and additional hospitality areas for marketing events. The Winery Parcel is located on an approximately 40-acre parcel at 4045 North St. Helena Highway. The parcel is within the AW (Agricultural Watershed) zoning district, with a General Plan designation AWOS (Agriculture, Watershed and Open Space). APN 020-390-012 (SFAP) and APN 020-230-001 (SFAP).
Staff Recommendation: Find the Project Categorically Exempt from CEQA and approve Use Permit Modification P19-00459, as conditioned.
Staff Contact: Emily Hedge, Planner III, (707) 259-8226 or emily.hedge@countyofnapa.org
Applicant Contact: Dario Sattui, (707) 967-6260 or dario@castellowines.com
Project Agent: Georg Salzner, (707) 967-6261, georg@castellodiamorosa.com
Applicant Representative: Scott Greenwood-Meinert, (415) 772-5741. sgreenwood-meinert@coblentzlaw.com
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EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Find the project Categorically Exempt from CEQA, based on recommended Findings 1 through 3 of Attachment A; and
2. Approve Use Permit Modification P19-00459 based on Recommended Findings 4 through 8 of Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
Castello di Amorosa is an existing winery located on an approximately 40-acre parcel at 4045 North St. Helena Highway, south of the City of Calistoga. The winery property is one legal lot separate for assessment purposes (SFAP). The Winery Parcel is SFAP with 3999 North St. Helena Highway, APN 020-230-001, an approximately 68.9-acre parcel.
Use Permit No. U-278485 was approved by the Planning Commission on January 6, 1988, permitting a 250,000 gallon per year winery with public tours and tastings. Numerous modifications were processed between 1988 and 2015. The winery’s historic entitlements were reviewed and memorialized in Status Determination P19-00145, issued July 26, 2019 (Attachment C).
The Fire Marshal’s office conducted an inspection in November 2018 and discovered occupancy and life safety issues. The item was referred to the Code Compliance Division and site inspections were conducted by staff throughout the month of February, resulting in a notice of apparent violation (NOV) letter being issued on February 20, 2019. Staff observed that the occupancy and uses occurring in portions of the building and cave did not match the approved plans. Additionally, the NOV identified life safety violations such as lack of emergency exits, adequate lighting, and appropriate door hardware for emergency egress. The winery was directed by Code Enforcement staff to submit “as built” plans to document the occupancy of areas being used for hospitality, and to provide an evaluation of emergency lighting, exit signs, exiting distances, and a smoke evacuation system. The winery’s consultant was directed to meet with Planning staff to discuss submittal of an application for a Status Determination, due by March 29, 2019, in order to participate in the County’s Code Compliance Program (Program) as described in Resolution No. 2018-164 adopted by the Napa County Board of Supervisors on December 4, 2018. The applicant submitted a request for a Status Determination on March 28, 2019, to document existing property rights on the Winery Parcel, prior to the Program’s submittal deadline. Status Determination P19-00145 was issued July 26, 2019. Following the receipt of the Status Determination, the applicant submitted this application for Major Modification P19-00459 on November 20, 2019, to request to recognize operations that were out of compliance with entitled operations. Project components necessary to gain compliance include an increase in the number of employees, daily visitation, marketing events, and conducting hospitality activities in portions of the building approved for production uses. The application also requests use of additional areas within the building for hospitality activities, an increase in parking spaces, and installation of a new well. Because the Status Determination was submitted in compliance with the requirements/parameters of the Code Compliance Program, the application was included in the Program.
Consistent with the Program, staff has bifurcated the request for the recognition of existing conditions and the request for expanded conditions as follows:
A. Components necessary to remedy existing violations:
1. Recognition of employees
a. Existing - 153 employees. Consisting of 77 full-time, 72 part-time, and 4 seasonal employees.
b. Entitled - 25 employees during crush and 15 employees during non-crush.
2. Recognition of visitors
a. Existing - Combination of By-Appointment Tastings and Public visitation (see below)
Total number of persons (2019 records) - 427,541 guests
Visitation typically occurred:
Monday-Friday - A maximum of 1,000 persons per day
Saturday - A maximum of 3,500 persons per day
Sunday - A maximum of 2,000 persons per day
b. Entitled - Public Tastings [Pre-WDO entitlement]
Summer Weekdays (April 1-Dec 2nd) - A maximum of 50 persons per day
Summer Weekends (April 1-Dec 2nd) - A maximum of 200 persons per day
Winter Weekdays (Dec 2 to April 1) - A maximum of 25 persons per day
Winter Weekends (Dec 2 to April 1) - A maximum of 75 persons per day
3. Recognition of marketing events
a. Existing (2019 records)
38 Wine/food pairing luncheons per year with a maximum of 160 guests per event
54 Cellar dinners per year with a maximum of 300 guests per event
10 Wine club events per year with a maximum of 400 guests per event
One (1) Wine club event per year with a maximum of 900 guests
b. Entitled (Use Permit Modification #94077 Condition of Approval No. 8. Approved by staff on March 22, 1995)
A Marketing Plan consisting of:
a. Retail sales conducted in the tasting and sales room from 9-6:00 pm from March through October and from 9-5:00 pm from November through February.
b. Public tours and tastings from 9-6:00 pm from March through October and 9-5:00 pm from November through February. Tours and tastings may be offered at any event at the winery.
c. Promotional events for up to 300 people in the courtyard, hall and grounds, with or without sit down lunches and/or dinners or buffets.
d. Cooking classes and educational seminars conducted as needed to promote the winery and its products.
e. Gift shop: Sales of wine related gift items winery souvenirs and promotional items will be sold in the tasting room.
f. Marketing off-site including sending a newsletter with offers of wine and related products for sale.
i. Newsletter: A newsletter will be sent monthly or less frequently as needed with offers of wine and related products for sale, soliciting the availability of the winery for events.
ii. Wine of the Month Club: A wine of the month club will be instituted sending wine to customers’ homes or businesses periodically.
iii. Competitive Tastings: the winery’s products will be entered in local, regional, national and international tasting events.
iv. Promotional Tastings: The winery will attend various charitable functions, fairs, and similar events to pour wine or donate wine for such purposes.
v. Advertising: The winery will advertise, locally, regionally, nationally and internationally, its wines, its winery, and its public tours and tastings.
4. Recognition of hospitality activities occurring in portions of the building only approved for production uses.
a. Existing - Approximately 18,550 s.f. located in numerous rooms throughout the winery buildings.
b. Entitled - 2,678 s.f. Public tasting room
B. Expansion beyond existing entitlements:
5. Designation of additional areas (approximately 14,000 s.f.) within the buildings for hospitality uses (Conversion of entitled production areas).
6. Increase the number of parking spaces in two (2) areas by 38 spaces for a total of 177 spaces.
7. Drill a replacement well.
Staff has reviewed the proposed project and supports partial approval of the request. Staff is supportive of components related to employees, visitation, and marketing. Staff is supportive of the conversion of areas from production to hospitality use, except for the conversion of a portion of the Grand Barrel Room (approximately 3,400 s.f. Room 133).
The modification would bring the existing winery development and operations into compliance with their entitlements and allow for a minor expansion of physical improvements to serve the winery operations. The proposed physical improvements are very limited and would occur within the existing buildings and on areas already disturbed by development or vineyards. The Water Availability Analysis (WAA), prepared by Bartelt Engineering (August 14, 2024), details the estimated existing groundwater use of 15.98. Included in the WAA is a Groundwater Recharge Analysis for the subject parcel, prepared by Richard C. Slade & Associates LLC, consulting groundwater geologists, which determined a recharge potential of 40.5 acre-ft/year on the subject parcel. The WAA includes construction and operational parameters for the proposed project well, resulting in a reduction in potential harm to public trust resources. The anticipated water use is well below the estimated annual recharge rate; therefore, the project is consistent with the County’s current groundwater requirements. Furthermore, staff found the requests that are recommended for approval of recognition and expansion to be consistent with the Zoning Ordinance and applicable General Plan policies. Based on the reasons stated above, staff recommends approval of the project, subject to the recommended Conditions of Approval included in Attachment B.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of Categorical Exemptions Classes 1, 2, 3, 4, and 11. It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. The project will not impact an environmental resource of hazardous or critical concern, has no cumulative impact, there is no reasonable possibility that the activity may have a significant effect on the environment due to unusual circumstances, will not result in damage to scenic resources, is not located on a list of hazardous waste sites, or cause substantial adverse change in the significance of a historical resource Class 1 (“Existing Facilities”), Class 2 (“Replacement or Reconstruction”), Class 3 (“New Construction or Conversion of Small Structures”), Class 4 (“Minor Alterations to Land”), and Class 11 (“Accessory Structures”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301, §15302, §15303, §15304, and §15311.
BACKGROUND AND DISCUSSION
Parcels: The legal parcel on which the Castello di Amorosa winery is located, consists of two (2) parcels that have been Separated for Assessment Purposes (SFAP). The Napa County Assessor assigns "SFAP" to parcels with distinct Assessor Parcel Number (APN) for tax assessment purposes when the legal ownership is the same.
Owner: Dario Sattui, 3999 North St. Helena Highway, (707) 967-6260 or Dario@castellodiamorosa.com
Project Agent: Georg Salzner, (707) 967-6261, georg@castellodiamorosa.com
Applicant Representative: Scott Greenwood-Meinert, (415) 772-5741, sgreenwood-meinert@coblentzlaw.com
Zoning: AW (Agricultural Watershed) District
General Plan Land Use Designation: Agriculture, Watershed and Open Space (AWOS)
Application Filed: November 20, 2019; Resubmittals received: September 22, 2020; April 16, 2021; May 20, 2022; September 15, 2023; March 29, 2024; August 22, 2024
Application Deemed Complete: October 3, 2024
Parcel Size: 108.9 acres
Winery Parcel: Approximately 40 acres
Residential Parcel: Approximately 68.9 acres
Existing Development:
Winery Parcel: The parcel is developed with the winery production and hospitality buildings, two (2) wells, a surface water reservoir on Nash Creek, an 83,000-gallon irrigation cistern, a 35,000-gallon water storage tank for potable and fire protection, a portion of the winery’s wastewater treatment system, 8.25 acres of vineyard, roads, parking spaces, and landscaping. Vehicular access to the winery is a private driveway off State Highway 29, traveling through the Residential Parcel. State Water Resources Control Board permit #20603 permits the winery to extract up to 20 acre-feet/year from the reservoir for vineyard irrigation.
Residential Parcel: The parcel is developed with three (3) residences and associated wastewater treatment systems, a farm management/agricultural building (B12-00773), the remaining portion of the winery’s wastewater treatment system not on the Winery Parcel, 20.76 acres of vineyard, roads, parking spaces, landscaped areas, miscellaneous structures associated with vineyard operations and the driveway. It should be noted that the farm management/agricultural building may not be used at any time for winery production or hospitality activities.
Winery Characteristics
Winery Development Area Approved: 114,238 sf or 2.62 acres
Winery Development Area Existing/Proposed: 121,101 sf or 2.78 acres
Winery Coverage Approved: 201,652 sf or 4.63 acres. Approximately 4.2 percent of the parcel.
Winery Coverage Existing/ Proposed: 220,475 sf or 5.06 acres. Approximately 4.6 percent of the parcel. Level is within winery coverage level permitted by County Code Section 18.104.220: twenty-five percent of the existing parcel or fifteen acres
Winery Buildings Approved: 116,508 s.f.
Existing: Approximately 121,200 s.f. Note: this calculation includes some un-inhabitable spaces.
Proposed: No additional building square footage is proposed.
Caves Approved: 30,000 s.f. for storage only
Caves Existing: Approximately 25,900 s.f.
Caves Proposed: No change
Accessory/ Production Ratio Approved: 2.9%
Accessory/ Production Ratio Existing: 20.2%
Accessory/ Production Ratio Proposed: 39.0%. Calculation is within allowed ratio per Count Code Section 18.104.200: Maximum permitted 40%.
Production Capacity Approved: 250,000 gallons per year
Production Capacity Existing/Proposed: In compliance. No change
Number of Employees Approved: 25 employees during crush and 15 employees during non-crush
Number of Employees Existing: 153 employees (77 full-time, 72 part-time, and 4 seasonal employees). There are no more than 110 employees working at the winery at one time.
Number of Employees Proposed: No change from existing.
Visitation - Approved/Entitled: Open to the public tours and tastings as follows:
• Summer Weekdays (April 1-Dec 2nd) - A maximum of 50 persons per day
• Summer Weekends (April 1-Dec 2nd) - A maximum of 200 persons per day
• Winter Weekdays (Dec 2 to April 1) - A maximum of 25 persons per day
• Winter Weekends (Dec 2 to April 1) - A maximum of 75 persons per day
Visitation - Existing: Combination of Public visitation and By-Appointment Tastings
• Total number of persons (2019 records) - 427,541 guests
Visitation typically occurred:
• Monday-Friday - A maximum of 1,000 persons per day
• Saturday - A maximum of 3,500 persons per day
• Sunday - A maximum of 2,000 persons per day
Visitation - Proposed: No change from Existing.
Marketing Program - Approved: The following marketing plan was submitted per Use Permit Modification #94077 Condition of Approval No. 8 and approved by staff on March 22, 1995.
2) A Marketing Plan consisting of:
a. Retail sales conducted in the tasting and sales room from 9:00 am-6:00 pm from March through October and from 9:00 am-5:00 pm from November through February.
b. Public tours and tastings from 9:00 am-6:00 pm from March through October and 9:00 am-5:00 pm from November through February. Tours and tastings may be offered at any event at the winery.
c. Promotional events for up to 300 people in the courtyard, hall and grounds, with or without sit down lunches and/or dinners or buffets.
d. Cooking classes and educational seminars conducted as needed to promote the winery and its products.
e. Gift shop: Sales of wine related gift items winery souvenirs and promotional items will be sold in the tasting room.
f. Marketing off-site including sending a newsletter with offers of wine and related products for sale.
i. Newsletter: A newsletter will be sent monthly or less frequently as needed with offers of wine and related products for sale, soliciting the availability of the winery for events.
ii. Wine of the Month Club: A wine of the month club will be instituted sending wine to customers’ homes or businesses periodically.
iii. Competitive Tastings: the winery’s products will be entered in local, regional, national and international tasting events.
iv. Promotional Tastings: The winery will attend various charitable functions, fairs, and similar events to pour wine or donate wine for such purposes.
v. Advertising: The winery will advertise, locally, regionally, nationally and internationally, its wines, its winery, and its public tours and tastings.
Marketing Program - Existing: The winery holds the following events annually (figures below represent the event/guest data from 2019 provided by the applicant):
• 38 Wine/food pairing luncheons per year with a maximum of 160 guests per event (average of 25)
• 54 Cellar dinners per year with a maximum of 300 guests per event (average of 70)
• 10 Wine club events per year with a maximum of 400 guests per event (average of 226)
• One (1) Wine club event per year with a maximum of 900 guests
Marketing Program - Proposed: The Existing marketing program (2019) shall supersede and replace the Promotional events in Item (c). Cooking classes and education seminars in Item (d) shall be permitted to continue. The remaining items (a, b, e, f) are addressed through operational changes discussed elsewhere.
On-premises Consumption - Approved: None
On-premises Consumption - Existing: None
On-premises Consumption - Proposed: None
Days and Hours of Operation - Production - Approved: 8:00 a.m. to 5:00 p.m.
Days and Hours of Operation - Production - Proposed: No change
Days and Hours of Operation - Visitation - Approved: 9:00 a.m. to 6 p.m.
Days and Hours of Operation - Visitation - Proposed: No change
Parking - Approved: Minimum 100 off-street, dust free, all-weather parking spaces
Parking - Existing: 139
Parking - Proposed: 177
Setbacks: The Winery development exceeds all applicable minimum setbacks, including the 600-foot minimum winery setback from State Highway 29. No additional structural development is proposed.
Adjacent General Plan Designation / Zoning / Land Use:
Surrounding properties have a General Plan Land Use Designation of Agriculture, Watershed and Open Space (AWOS) and Zoning district AW (Agricultural Watershed). Properties in the vicinity of the project site include vineyards, undeveloped, forested lands, and residences (some of which were destroyed in the 2020 Glass fire).
Wineries in the Vicinity (located within one mile of the project): There are eight (8) wineries located within one (1) mile of the Winery Parcel.
Parcel History: The winery’s original use permit (U-278485) was granted on January 6, 1988, along with the adoption of a Final Environmental Impact Report prepared pursuant to CEQA. This permit authorized production of 250,000 gallons of wine annually with public tours and tastings (described above) in a 115,000 s.f. winery facility. This permit was approved and vested prior to adoption of the Winery Development Ordinance (WDO) in 1990 and therefore, the winery is allowed to do certain activities that are not allowed at wineries that are subject to the WDO. Since approval the original use permit, the winery has processed numerous use permit modifications, the total of which has resulted in an expansion of the winery facilities and infrastructure over time. See Status Determination P19-00145 for list of approved modifications (Attachment C).
Code Compliance History:
The Fire Marshal’s office conducted an inspection in November 2018 and discovered occupancy and life safety issues. The item was referred to the Code Compliance Division and site inspections were conducted by staff throughout the month of February, resulting in a notice of apparent violation (NOV) letter being issued on February 20, 2019. Staff observed that the occupancy and uses occurring in portions of the building and cave did not match the approved plans. Additionally, the NOV identified life safety violations such as lack of emergency exits, adequate lighting, and appropriate door hardware for emergency egress. The winery was directed by Code Enforcement staff to submit “as built” plans to document the occupancy of areas being used for hospitality, and to provide an evaluation of emergency lighting, exit signs, exiting distances, and a smoke evacuation system. The winery’s consultant was directed to meet with Planning staff to discuss submittal of an application for a Status Determination.
The applicant submitted a request for a Status Determination on March 28, 2019, to document existing property rights on the Winery Parcel, prior to the Program’s submittal deadline. Status Determination P19-00145 was issued July 26, 2019. Following the receipt of the Status Determination, the applicant submitted this application for Major Modification P19-00459 on November 20, 2019, to request to recognize operations that were out of compliance with entitled operations. Project components necessary to gain compliance include an increase in the number of employees, daily visitation, marketing events, and conducting hospitality activities in portions of the building approved for production uses. The application also requests use of additional areas within the building for hospitality activities, an increase in parking spaces, and installation of a new well. Because the Status Determination was submitted in compliance with the requirements/parameters of the Code Compliance Program, the application was included in the Program.
On March 28, 2019, the applicant submitted a request for a Status Determination to document existing property rights on the Winery Parcel. Status Determination P19-00145 was issued July 26, 2019. Following the receipt of the Status Determination, the applicant submitted Major Modification P19-00459 on November 20, 2019, to request to recognize operations that were out of compliance with entitled operations. Because the Status Determination was submitted in compliance with the requirements of the Code Compliance Program, the application was added to the Program.
Since receipt of the NOV, the applicant has been working with Code Enforcement and Building staff to remedy the code issues. They have submitted building permits to improve life safety and accessibility. These include installing emergency and exit lighting and reversing doors and door hardware for egress and improving paths of travel for ADA access.
Some items identified in the NOV cannot be resolved until the Planning Commission decides whether to approve conversion of the allowed uses in certain areas in the buildings. If the Commission approves conversion of areas within the buildings from production space to hospitality accessory uses, improvements to safety elements and access throughout the winery buildings will be required prior to allowing these accessory uses to occur. As noted above, the applicant has been working with staff to improve life safety and has submitted for building permits to voluntarily begin some of what will be necessary improvements. Because the improvements increase overall safety and accessibility at the winery, Building staff cannot justify denying approval of the permits. The applicant has been clearly informed and acknowledged their understanding that these voluntary improvements do not guarantee Planning Commission approval, and do not alter or approve any change of occupancy previously approved by the Building Division. Condition of Approval No. 4.20.f requires the applicant to complete the building permit process for conversion of these areas prior to beginning use of these areas.
Discussion Points:
Setting
Castello di Amorosa is an existing winery located south of the City of St. Helena, on the west side of Highway 29. The Winery was opened to the public in 2007. The approximately 40-acre parcel includes the winery development, vineyards, undeveloped forested areas, and Nash Creek runs from west to east through the property, south of the winery development. There is an existing reservoir on the property permitted by the State Water Resources Control Board (Permit # #20603). Properties in the vicinity of the project site include vineyards, undeveloped, forested lands, and residences, some of which were destroyed in the 2020 Glass fire.
Winery Use Permit Modification Proposal - As described in further detail in the following sections, the winery has greatly expanded beyond their entitled/approved levels of employees, visitation, and marketing events. The project requests that the Commission recognize the existing (unpermitted) operational levels of employees, visitation, and marketing events, and conducting hospitality activities in portions of the building approved for production uses. The applicant is not requesting any additional operational changes beyond existing operational levels. The winery also requests use of additional areas within the building for hospitality activities and physical improvements including an expansion of two parking areas, resulting in 38 new parking spaces, and drilling a new well (further away from Nash Creek than the existing project well) to serve the winery.
Visitation - The applicant requests recognition of existing visitation levels based on recorded data from 2019, as required to be submitted under the Use Permit Compliance Program. Recognizing this level of visitation would allow the winery to continue with their current operations.
Entitled - The Pre-WDO winery was entitled to Public visitation which means that a prior appointment was not required, and visitors could drop in anytime during the winery’s hours of operation. The visitation levels listed below are based on the Final Environmental Impact Report (FEIR) prepared for the original use permit (U-278485) and were recognized in Status Determination P19-00145. Visitation was separated into seasons, with separate weekday and weekend maximums. The estimate totals an annual maximum of approximately 25,000 guests per year.
• Summer (April 1-Dec 2nd)
o Weekday: 50 guests per day
o Weekends: 200 guests per day
• Winter (Dec 2 to April 1)
o Weekday: 25 guests per day
o Weekends 75 guests per day
• Annual Total: Approximately 25,000
Existing - In 2019, the winery reports receiving an annual total of 427,541 guests. This represents an approximately 1,600% increase over the approved level. Records shows monthly visitation ranging from 21,276 guests in January (lowest level) to 50,108 guests in July (highest level). Although visitation levels varied throughout the year, the winery provided the following breakdown of the general occurrence of weekly visitation. The following visitation levels were utilized in the analysis of the wastewater system capacity and groundwater use.
• Monday-Friday: up to 1,000 guests per day
• Saturday: up to 3,500 guests per day
• Sunday: up to 2,000 guests per day
• Weekly Total: Up to 10,500 guests per week
The request for recognition of visitation levels shall not exceed an annual total of 427,541 guests, and at no point throughout the year would weekly visitation exceed 10,500 guests. Condition of Approval 4.3 details these maximums. The applicant has proposed a monthly breakdown of visitation that includes a low of 25,000 guests in the winter months, with increases leading to a high range of 40,000 to 42,000 guests in the summer and fall months. This data is provided for informational purposes only.
To demonstrate the visitation limitations are maintained, staff is recommending Condition of Approval No. 4.20.g requiring three (3) years of annual reporting to include the weekly and total annual visitation levels. After three (3) years, the item will be scheduled to return to the Planning Commission to review compliance with this approval.
The original permit was approved and vested (deemed “used”) prior to adoption of the WDO in 1990 (January 19, 1990 - Phase I vested and March 30, 1990 - the project deemed used) pursuant to NCC Section 18.104.255. Therefore, the winery was allowed to conduct their approved visitation as open to the public (no appointment required). Based on the definition of Tours and Tastings (NCC Section 18.08.620) the visitation occurring beyond the approved Public Visitation levels shall be designated By-appointment and must be conducted in designated accessory (e.g., hospitality) areas only.
Although the existing visitation levels are significantly higher than the entitled levels, the intent of this application is to recognize existing operations, which are considered the CEQA baseline conditions for environmental analysis. In terms of the environmental analysis there is no change between the existing baseline conditions and what is proposed to be recognized. As discussed in more detail below, the associated studies have been analyzed at existing (unpermitted) levels of operation and have demonstrated the winery’s infrastructure has the capacity to accommodate the existing level of operations.
Visitation Locations - The Use Permit approved an approximately 3,625 s.f. tasting room. Use Permit Minor Modification #1, approved by the Zoning Administrator on July 27, 1989, reduced the size of the proposed public tasting room to 2,678 s.f. Although subsequent Use Permit modifications increased the size, location, and layout of the winery buildings and cave, the size of the tasting room did not change, nor were additional tasting areas approved. The Status Determination shows under Modification #4 (Permit #94077) the cave was approved at 30,000 s.f. for production use only.
During the 2019, inspections staff observed that visitation was occurring in a number of locations throughout the winery building besides the approved tasting room. The applicant calculated approximately 18,550 s.f. of space within the winery buildings being used for hospitality. Because the majority of the buildings and the entire cave were approved for production uses only, all visitation and hospitality use in these areas is a violation of the Use Permit. Additionally, these areas of the buildings and the cave do not currently meet Building and Fire code occupancy standards for visitation or other hospitality uses to occur. This was one of the main safety concerns identified during the site visits that resulted in the NOV. Following issuance of the NOV, the winery stopped utilizing these spaces for hospitality activities. Building and Code Compliance staff have visited the site a few times, since July 2023 (last NOV) and have not witnessed these areas being used for hospitality. The applicant is also requesting the conversion of other production areas to accessory areas for hospitality activities. The applicant’s Project Narrative (Submittal 7) provides a summary of the total area for each clarification of use. Tables 1-5 contains a full list of rooms and areas requesting changes in classification of use. Plan Sheets UPM-19 - UPM-20 detail the existing and proposed use of each room in the winery building and cave. The tables note existing and proposed Production and Accessory uses and notes if a change is requested in the use designation. Sheets UPM-22 - UPM-26, include the same tables along with a graphic of each level.
Summary of Change and Staff Recommendation:
Accessory Structure: Recognize 18,547 s.f. of space within the winery, not originally defined as accessory structure per NCC 18.104.200, but currently used for accessory related activities, to continue to be utilized as accessory use areas. See Table 1 for a full list of rooms requesting classification as accessory use.
Staff recommendation: Staff does not recommend permitting the use of the approximately 3,400 s.f. Grand Barrel Room (Room 133). The Building Division and Fire Marshal have reviewed the plans and determined that they cannot support the conversion as currently proposed. Staff recommends approval of the remainder of the request for approximately 15,150 s.f. to be converted to hospitality use. This recommendation includes the caveat that building permits must be obtained and a Certificate of Occupancy must be issued for each room prior to beginning use of the area. If a building permit(s) cannot be issued due to inability to meet State code, the areas shall remain designated for production uses and not used for hospitality.
Exterior Accessory Structure: Recognize an existing 1,824 s.f. open courtyard as a tasting area.
Staff recommendation: Approve.
Production Facility: Recognize approximately 14,500 s.f. of existing outdoor production areas for classification as production facility.
Staff recommendation: Recognize. Areas have historically been used for production activities. The recognition is requested to clarify the use of the space to accurately include it in the calculation of the Accessory/Production ratio.
Site Structure Production Facility: Recognize a 4,960 s.f. portion of the existing winery process wastewater treatment equipment for classification as production facility.
Staff recommendation: Recognize. Per County Code 18.104.200 wastewater treatment areas, which can be used for agricultural purposes, is considered Production. The recognition is requested to clarify the use of the space to accurately include it in the calculation of the Accessory/Production ratio.
As discussed above, if the Planning Commission approves conversion of the requested areas within the buildings from production space to hospitality and accessory uses, improvements to safety elements and access throughout the winery buildings will be required. These areas cannot be used for hospitality or accessory uses until building permits are obtained and a Final Certificate of Occupancy is issued by the Chief Building Official.
The plan set includes sheets LS100-LS105, which show the plan for how the building could meet safe ingress, egress, and emergency access, per the California Building Code (CBC). The Building Division has completed a preliminary review of the plans, however, since the conversion of these areas to hospitality use must first be approved by the Planning Commission, final plans have not formally been submitted as part of a building permit.
As noted above, Building Division staff and the Fire Marshal do not recommend conversion of the Grand Barrel Room, as it cannot meet standards as currently proposed. Staff determined that the other areas proposed for change of use and occupancy appear to be feasible. However, each proposed change of use area will need to be considered individually and all life safety and accessibility upgrades that are necessary shall be constructed or improved as outlined in the current CBC, and as determined by the County of Napa Fire and Building Departments.
During review of the building permits, if there are areas that cannot be issued a building permit due to the inability to meet CBC standards, the areas shall remain designated for production uses and not used for hospitality. The Planning Commission approval does not override the requirement of the plans to meet State requirements. Condition of Approval 9.9.a is recommended to require submittal of a final “Accessory to Production Ratio” plan showing each area within the buildings that was issued a building permit authorizing conversion of that area, and shall provide an updated Accessory to Production Ratio calculation.
The applicant has submitted for some building permits to voluntarily begin some of the required improvements. The applicant has been clearly informed and acknowledged their understanding that these voluntary site improvements do not guarantee Planning Commission approval and do not alter or approve any change of occupancy or use previously approved by the Building Division.
Marketing - Use Permit Modification #4 (Permit #94077) COA No. 8 required submittal of a marketing plan describing the nature, frequency, and attendance of any special marketing events. On March 22, 1995, staff approved the submitted marketing plan which included detail on the hours of operations for retail sales and public tours and tastings, promotional events for 300 people with or without food service or meals, cooking classes and educational seminars, and a gift shop to sell wine related gift items and souvenirs. It also included information on off-site marketing efforts such as preparing a newsletter, offering a wine of the month club, and participating in competitive tastings and promotional tastings, along with additional advertising.
In 2019, the winery held events grouped into the following categories (figures below represent event/guest data from 2019 submitted by the applicant). The following levels were utilized in the analysis of the wastewater system capacity and groundwater use.
• 38 Wine/food pairing luncheons per year max of 160 guests per event (average of 25 guests)
• 54 Cellar dinners per year with max of 300 guests per event. (an average of 70 guests)
• 10 Wine club events per year with a max of 400 guests per event (an average of 226)
• 1 Wine club event per year with 900 guests.
The Existing marketing program (2019) shall supersede and replace the approved Promotional events Marketing Plan Item (c). Cooking classes and education seminars Marketing Plan Item (d) shall be permitted to continue. The remaining items (a, b, e, f) are addressed through operational changes discussed elsewhere.
Marketing Locations - Marketing is currently occurring in the larger rooms throughout the winery buildings and in the open courtyard on the lower level. As discussed in the Visitation section above, most of these areas were not classified or constructed for hospitality use. The areas requested for visitation are also requested to be used for marketing events.
Setbacks - The proposed project exceeds all applicable minimum setbacks, including the 600-foot minimum winery building setback from State Highway 29.
Traffic and Parking - Because the project is asking to recognize existing conditions there are no new trips associated with the project. Therefore, a Traffic Impact Study (TIS) was not required. The County TIS Guidelines include VMT analysis requirements for projects based on trip generation, which includes a screening approach that provides a structure to determine what level of VMT analysis may be required for a given project. A project that would generate less than 110 net new daily vehicle and truck trips is presumed to have a less-than-significant impact for VMT. The project did not meet the threshold requiring preparation of a traffic impact study or VMT analysis and based on the number of new trips (less than 110), the project is presumed to have a less than significant impact for VMT. The Trip Generation form in the application provides an estimate of trips associated with typical winery operations. Staff acknowledges that the form did not use the maximum number of employees or visitors, therefore it does not represent the maximum number of trips that could be generated by winery operations. However, as noted above there are no changes between the existing and proposed operations, therefore the trip numbers were not required to calculate impacts.
The existing entry driveway and driveway/access roads throughout the parcels have been reviewed by Public Works Department, the Fire Marshal, and Engineering Services and determined that existing conditions have met standards and comply with the Napa County Road and Street Standards (RSS). The applicant has demonstrated compliance with the RSS, showing emergency vehicle access. The applicant recently widened the entry gate to meet RSS. No improvements are needed to the driveway. There is already a left-turn lane at the driveway.
The winery was originally approved with the requirement for a minimum 100 off-street, dust free, all-weather parking spaces. Currently there are 139 spaces. The applicant is proposing an expansion of two existing parking areas adding 38 parking spaces for a total of 177 parking spaces. The new parking would expand the existing Visitor parking lot located adjacent to the winery buildings and designate visitor and employee parking along the northern branch of the driveway. The expansion of the existing visitor parking would be located within an existing vineyard and the driveway parking would require widening of the existing driveway along a portion of the same vineyard block. Under the proposed plan, approximately 0.35± acres (net) of vineyard would be removed to accommodate the new parking areas.
A portion of the expanded Visitor parking lot would be located on the Residential Parcel. However, all of the existing parking spaces on the Residential Parcel are exclusively for the residential and agricultural uses permitted on that parcel. Plan Sheet UPM9 for the location of the proposed parking (Attachment #).
Staff believes the increased parking requested is reasonably related to the proposed modifications to the winery’s operations and accessory uses and would not create an inconsistency with General Plan Policy CIR-23, which discourages uses from providing excessive quantities of on-site parking.
Water System - The winery’s existing groundwater wells, water storage, and water supply systems are regulated as a Non-Transient Non-Community (NTNC) water system by Napa County under permit #2800043. The applicant will need to amend their existing water system permit following construction of the replacement well. Condition of Approval No. 4.20.h. requires that within one (1) year following approval of this modification, evidence shall be provided to the Planning Division that the public water system is operating with the replacement well. Failure to submit this evidence with one (1) year, or any extension(s) granted by the Director, shall result in the permittee reverting back to operational levels previously entitled under Use Permit No. U-278485-UP, as noted in Status Determination P19-00145 and COA 4.21 Previous Conditions Exhibit A.
Water Availability Analysis
The Water Availability Analysis, prepared by Bartelt Engineering, dated August 14, 2024, was based on the Guidelines for Estimating Residential and Non-residential Water Use in the Napa County WAA Guidance Document (2015). Because the two parcels are one legal lot, the report analyzed the water use and recharge potential of the entire 108.9-acre legal lot (both parcels). The report includes a Tier 1, Tier 2, and Tier 3. The following summary is based on the information and analysis compiled for the project WAA.
Water sources
Two groundwater wells are used to supply the various potable water and irrigation needs of the property. The groundwater wells and subsequent water storage and supply systems are regulated as a Non-Transient Non-Community (NTNC) water system by Napa County under permit #2800043.
Well #1 - For purposes of this analysis, Well #1 will be referred to as the Project Well. the project well, was constructed in 1987 under Napa County permit 18894. It is located immediately adjacent to the winery building and approximately 75 feet from Nash Creek. Well #1 is the primary water source for the winery, farm management building, and residences. The existing pumping rate of the Project Well is 50 gallons per minute. Groundwater from the Project Well is pumped into a two compartment, 35,000-gallon storage tank on the hillside above the winery. The upper compartment has a 19,000-gallon capacity and is dedicated to potable use. The lower compartment has a 16,000-gallon capacity and is dedicated to fire protection.
Well #2 - This well was constructed in 2004 under Napa County permit 96-12662. Well #2 is located approximately 150 feet southeast of Well #1 and approximately 100 feet away from Nash Creek. Well #2 is primarily used for landscape irrigation and as a supplement source for the fire suppression system or vineyard irrigation. However, it is also an approved backup source for the potable water system. Groundwater from Well #2 is primarily pumped into the adjacent 83,000 gallon above ground cistern that supplies the irrigation systems. The Well #2 pump system is also connected to the pipe that fills the 35,000-gallon tank.
Reservoir - On March 9, 1992, The State of California Water Resources Control Board issued permit #20603 authorizing the collection of up to 20 acre-feet/year in the already existing reservoir on Nash Creek for use as vineyard irrigation. Castello Di Amorosa conveys irrigation water from the reservoir through a piping system to a booster pump and pressure tank system at the headworks of the vineyard irrigation system.
Proposed Replacement Well - Bartelt Engineering, the project engineer, in coordination with the applicant, identified a general area of the property to install the replacement project well. A Well Location Exhibit is included in the WAA, showing the potential replacement project well locations highlighted in purple. The exact location of the replacement project well has not been determined at this time due to unknown factors related to the suitability of subsurface conditions in the potential drilling locations. Rather than propose a singular location, an approximately 3.5-acre area in the northwestern corner of the property has been considered. This area is within a portion of an approximately 11.5-acre vineyard or directly adjacent to an existing solar panel array covering approximately one (1) acre. The drilling would occur on a previously developed area and no tree removal would occur as part of the project.
The WAA contains construction and operational parameters for the proposed replacement well. Those parameters include but are not limited to the location of the proposed well to Nash Creek (no closer than 130 feet and no further than 700 feet), construction depth (greater than 245 feet below ground surface or deeper than a relative elevation of 241 feet, whichever is lower), perforation depth (a minimum of 150 feet below ground surface or at a relative elevation of 341 feet, whichever is lower), and surface seal depth (minimum 50 feet). The operational pumping rate of the proposed project well shall be restricted to no more than 40 gallons per minute (where no limitation previously existed). Upon successful completion and start-up of the replacement project well, the existing Project Well will be demolished. Condition of Approval No. 6.15.b. will be included requiring that the permittee shall construct the replacement well in accordance with the parameters set forth in WAA and operational limitations shall be maintained.
The applicant begun the application process for the replacement well (Napa County permit E23-00112). The review and approval of E23-00112 is associated with approval of this application. Per Condition of Approval 6.15.a. within 30 days of approval of this modification, the Permittee shall submit an updated well drilling application to the Environmental Health Division including the information required by 6.15.b.
Tier 1 - Groundwater Demand and Recharge Analysis
The report provides calculations for the residential, winery, and agricultural water uses. As detailed in the report, the total groundwater demand for the property is estimated to be 15.98 acre-feet/year (AFY) with a demand of 14.22 AFY for the winery. The breakdown of uses is included in the table below. As listed in the table the average annual vineyard irrigation demand is approximately 11.2 AFY, however it is not included in the Proposed Estimate because the demand is supplied by the 20 AFY available from the surface water reservoir. The applicant noted that all winery process wastewater (5.38 AFY) is recycled as about 1.73 acres of landscaping irrigation and as vineyard irrigation in a 2.37-acre vineyard block on the Residential parcel.
|
Groundwater Demand |
Proposed Estimate (Acre-feet per year) |
|
Winery |
|
|
- Process |
5.38 |
|
- Domestic & Landscape |
1.25 |
|
- Employees |
1.54 |
|
- Tours and Tasting |
5.03 |
|
- Marketing Events |
1.02 |
|
Total Winery Use |
14.22 |
|
|
|
|
Residential |
|
|
- Primary, Second Unit, and Guest Cottage |
1.60 |
|
Residential Total |
1.60 |
|
|
|
|
Agriculture |
|
|
- Vineyard Irrigation [11.2 acre-feet per year] |
0 [Irrigation water is provided by the reservoir] |
|
- Farm Management |
0.17 |
|
Agriculture Total |
0.17 |
|
|
|
|
Total Parcel Use |
15.98 |
Richard C. Slade & Associates LLC (RCS) consulting groundwater geologists, prepared a Groundwater Recharge Analysis for the subject parcel, Memorandum dated August 10, 2024. RCS utilized a number of resources including the “Updated Hydrogeologic Conceptualization and Characterization of Conditions, prepared by LSCE & MBK Engineers, for Napa County in January 2013.
Approximately 6.53 acres (6%) of the property is located within the Napa Valley Subbasin and 102.37 acres (94%) is outside of the Subbasin. The project geologist determined the project was best suited to include two calculations to estimate an average annual groundwater recharge volume for the property: one for the portion of the subject property that is within the groundwater basin, and a parcel-specific groundwater recharge value for the portion of the property that is outside of the groundwater basin. The sum of these calculations represents the average annual volume of groundwater recharge at the subject property.
Groundwater Recharge Estimate Within Groundwater Basin - Multiplication of the 6.53-acre portion of the subject property within the groundwater basin by the 0.3 AFY/acre County-designated recharge factor results in a total of 2.0 AFY.
Parcel-Specific Groundwater Recharge (Outside of Groundwater Basin) - Groundwater recharge on the 102.37 acre can be estimated as a percentage of the average rainfall that falls on this portion of the property and undergoes deep percolation. The report removed approximately 3.07 acres from the calculation due to the slope of the land being greater than 30%, as it can be assumed that recharge potential is reduced on steeper slopes. For this calculation RCS utilized the County’s 10-year average rainfall data set determined that the average rainfall for the 10-water-year period of 2012 to 2021. The report by LSCE & MBK (2013) designates the entire property within the Napa River at St. Helena Watershed, which has an estimated recharge potential of 14% in this area of the County. Multiplication of the 14% groundwater recharge rate to the portion of the property with slopes less than 30% results in a groundwater recharge rate of 38.5 AFY.
The total annual average groundwater recharge at the subject property was calculated as the sum of the groundwater recharge on the portion of the subject property within the groundwater basin (2.0 AFY) and the groundwater recharge on the portion of the subject property outside of the groundwater basin (38.5 AFY) for a total of 40.5 AFY. The estimated total water demand on this parcel is less than the estimated groundwater recharge volume, and the Tier 1 Water Criterion is met.
Tier 2 Well and Spring Interference
Based on information obtained through Napa County public records, there are no springs in the project vicinity and no neighboring wells located within 500 feet of the Project Well. Well #2 is located approximately 150 feet from the Project Well. However, as described in the Tier 3 Analysis below, the Project Well will be replaced in a location greater than 500 feet from Well #2. Therefore, the Tier 2 well interference criterion is presumptively met.
Tier 3
As required by Napa County’s May 12, 2015, WAA Guidance Document and the Interim Napa County Well Permit Standards and WAA Requirements - January 2024, the project must examine the horizontal distance between the Project Well and Significant Streams as determined by the Napa County Well Permit Standards. The proposed Project Well location is within 1,500 feet of a Significant Stream, Nash Creek, therefore, the applicant must prepare a Tier 3, or equivalent analysis, to demonstrate that a hydraulic separation between the Project Well and Nash Creek is provided by geologic conditions at the site or assume connectivity and propose modifications to the Project Well to reduce impacts. The construction and operational parameters for the proposed replacement well, discussed in detail above, will reduce impacts based on existing conditions and satisfy the WAA Tier 3 equivalent analysis criteria.
Public Trust - The public trust doctrine (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).
On January 10, 2024, Napa County released a Tier III Water Availability Analysis guidance memorandum, providing guidance for complying with Public Trust. A Tier III review or equivalent analysis is the County’s adopted method for complying with its duties under the Doctrine. The WAA includes a Tier III equivalent analysis. Additionally, Condition of Approval No. 4.9 is recommended to impose metering on wells, monitoring and reporting of groundwater use (at the County’s request), and includes the County’s ability to recommend additional measures or revoke the use permit in the future if substantial evidence exists that the Project substantially affects the groundwater basin. These project components and conditions of approval provide even greater protection, further reduce any alleged harm, and align with the requirements of the 2024 Water Memo. The County has satisfied its duty.
Wastewater
The Onsite Wastewater Dispersal Feasibility Study, dated September 2023, was prepared by Bartelt Engineering to demonstrate that the existing onsite wastewater treatment systems (OWTS) and dispersal fields can adequately treat and disperse onsite the approved wine production, and the wastewater generated by the current staffing, visitation, and marketing plan (levels requested for recognition).
The Process Waste (PW) and Sanitary Waste (SW) wastewater streams are addressed by existing, separate wastewater treatment and dispersal methods. The winery's wastewater treatment plan is to continue to disperse treated PW as surface irrigation to one of the existing residence's surrounding landscapes and disperse treated SW using the existing Pressure Distribution (PD) system and conventional sewage treatment dispersal fields.
Both existing winery wastewater treatment systems are located on portions of the Winery and Residential parcels because the existing systems are a result of modifications to the original combined wastewater Pressure Distribution (PD) treatment system constructed in 1995. The modifications to the original PD system have allowed for the separation of the process (PW) and sanitary wastewater (SW) streams resulting in more efficient treatment systems and dedicated dispersal areas.
Bartelt Engineering reviewed the two (2) existing onsite wastewater treatment systems for the dispersal of wastewater generated by the current operations. Based on the detailed calculations in the report, the separate process and sanitary wastewater treatment systems will need to treat and disperse peak daily flows of 6,250 gallons per day (gpd) and 10,073 gpd, respectively. The existing winery facilities' process and sanitary wastewater conveyance systems are able to treat 9,000 gpd and 10,157 gpd, respectively; therefore, process and sanitary wastewater generated as a result of current winery operations can feasibly be treated and dispersed onsite in accordance with Napa County PBES standards. The Division of Environmental Health reviewed this report and concurred with its findings.
Grape Sourcing - The winery is a Pre-WDO winery, therefore the approved production is not subject to the 75 percent Napa Valley grape source requirement. The project site currently has approximately 8.25 acres of vineyard on the Winery parcel and 20.76 acres of vineyard on the Residential Parcel.
Greenhouse Gas (GHG) Emissions - On the GHG Best Management Practices (BMP) Checklist submitted with the use permit application, August 31, 2023, the applicant identified numerous GHG reduction BMPs that the operators are currently implementing at the winery. Additional measures were also identified.
These include the generation of on-site renewable energy in the form of a photovoltaic system (BMP-1); 600 acres in conservation easements with the Napa Land Trust (BMP-2); the planting of approximately 90 trees (BMP-3); the incentivization of carpooling and efficient transportation with the intention to reduce Vehicle Miles Traveled (BMP-6); the installation of energy conserving lighting (BMP-9); the recycling of production wastewater and its use for irrigation (BMP-13); the recycling of 75% of all waste (BMP-17); the implementation of an Environmentally Preferable Purchasing (EPP) Plan (BMP-19); the planting of shade trees to the south side of the building elevation (BMP-20); electrical vehicle charging stations (BMP-21); the accessibility of public transit via NVTA (BMP-22); optimal building conditions for natural heating and cooling, as 80% of the winery is below ground (BMP-23); the designation as a “Napa Green Winery” (BMP-26 & 27); the use of recycling materials for shipping containers (BMP-28); the use of its land for local food production (BMP-29); and educational programs for staff and visitors on sustainable practices (BMP-30). As a component of the vineyard operation, the applicant indicated that they intend to become organically certified for its estate vineyards, by using integrated pest management (BMP-34). The applicant did not indicate on the checklist intent to introduce new GHG reduction programs into the winery’s current operations. Condition of approval No. 4.20.b will require the continued implementation of the existing measures checked on the form. Evidence shall be provided to staff upon request.
Public Comments - At the time of staff report preparation, no public comments had been received. If received, public comments will be provided to the Commission before the meeting.
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 to Remedy Existing Violations. (Staff recommendation for Violations)
Disposition - This option would result in approval of the existing number of employees, level of visitation, and marketing plan. Staff recommends conversion of the areas in the winery buildings for hospitality uses (approximately 15,000 s.f.), except for the requested portion of the Grand Barrel Room. (The applicant has been informed of this component of the recommendation).
The County has determined the project is Categorically Exempt from CEQA. 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. Supporting reports demonstrated that the existing infrastructure could accommodate the existing operations, and the estimated groundwater recharge is greater than the proposed use. Additionally, the replacement project well would be moved further from Nash Creek, reducing potential harm. The 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 - Reduce Unpermitted Existing Operations
Disposition - This option allows the Planning Commission to reduce uses on the property by decreasing the winery's existing, unpermitted operations that exceed the levels of their permitted entitlements. The reduction could include reduced visitation, marketing, employees, or areas within the buildings being used for hospitality.
Given that the County found the project Categorically Exempt, a reduced project would be as well. If the Planning Commission elects to pursue this option, the recommended conditions of approval would need to reflect the revised components.
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 the 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 significant reduction in daily and weekly visitation, and a reduction in the size of annual marketing events. 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 articulate the basis for denial and take action to deny the project.
Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:
Option 4 - Approve Applicant's Proposal (Staff's Recommendation for Use Permit Major Modification)
Disposition - In addition to the components listed under Option 1, this option would permit two expanded parking areas and the new well. Additionally, this would approve conversion of additional spaces within the winery buildings (approximately 14,000 s.f.) for hospitality.
As detailed in Option 1, the County has determined the project to be Categorically Exempt from CEQA 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 5 - 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, such as the expanded parking area or additional hospitality areas. 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 project components.
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 6 - Deny Applicant’s Proposal - Limit Winery Operations to Levels Approved Above to Remedy Existing Violations or Revert to Original Entitlements
Disposition - This option would deny applicant’s proposal to expand the parking areas and hospitality areas. This option would result in no expansion beyond approved or existing levels, as outlined in Options No. 1-3.
In the event the Commission determines that the project does not or cannot meet the required findings for the granting of a Use Permit Major Modification, Commissioners should identify what aspect, or aspects, of the project are in conflict with the required findings.
Action Required - Commission would articulate the basis for denial and take action on one of the options listed above.
Option 7 - Continuance Option
The Commission may continue an item to a future hearing date at its own discretion.
Attachments
A. Recommended Findings
B. Recommended Conditions of Approval and Final Agency Memos
C. Previous Project Conditions
D. Categorical Exemption Determination
E. Use Permit Modification Application Packet
F. Water Availability Analysis Report
G. Domestic & Production Wastewater Feasibility Report
H. Stormwater Control Plan
I. Code Compliance Documents
J. Winery Comparison Analysis
K. Graphics - Use Permit Modification Plans