TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director Planning, Building and Environmental Services
REPORT BY: Matt Ringel, Planner III
SUBJECT: Arrow and Branch Winery Use Permit Major Modification (P23-00057-MOD)
RECOMMENDATION
title
STEVEN CONTURSI / ARROW AND BRANCH WINERY / USE PERMIT MAJOR MODIFICATION P23-00057-MOD
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 areas: Biological Resources and Noise. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Request: Approval of a Use Permit Major Modification to include the following:
an increase in wine production from 30,000 gallons per year to 45,000 gallons per year, increase employment, increase daily tours and tastings by appointment only, increase marketing events, expansion of an existing winery building to create additional production and accessory space, construction of an covered terrace with outdoor tasting, installation of an approximately 81,000 gallon process water storage tank, and reconfiguration of existing parking.
The project is located on an approximately 10.09-acre site within the Agricultural Preserve (AP) zoning district with a General Plan land use designation of Agricultural Resource (AR) at 5215 Solano Ave, Napa, CA 94558; APN: 034-190-040-000.
Staff Recommendation: Adopt the Initial Study/Mitigated Negative Declaration prepared for the project and approve Use Permit Major Modification No. P23-00057-MOD, as conditioned.
Staff Contact: Matt Ringel, Planner III, Matthew.ringel@countyofnapa.org, (707) 299-1351
Applicant Contact: Steven Contursi, 1042 North Pacific Coast Hwy, Laguna Beach, CA 92651
Applicant Representative Contact: Donna Oldford, Plans 4 Wine, 2620 Pinot Way, St. Helena, CA 94558; dboldford@aol.com; (707) 204-5794
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the revised Initial Study/Mitigated Negative Declaration and revised Mitigation Monitoring and Reporting Program (MMRP) based on recommended Findings 1-7 in Attachment A;
2. Approve the Use Permit Major Modification (P23-00057-MOD) based on recommended Findings 8-12 in Attachment A, and subject to the recommended Conditions of Approval in Attachment B.
Discussion:
The project was last heard at the September 17, 2025, Planning Commission meeting. At the hearing members of the public and Commissioners provided comments and raised questions regarding topics such as groundwater use, noise, habitat restoration, and potential water tank leakage. The Commission requested that the hearing be continued to a date uncertain. The prior staff report and attachments are available via the following link:
https://napa.legistar.com/LegislationDetail.aspx?ID=7649916&GUID=C097C2F9-A7B6-40A9-98AE-E7D21C025671&Options=&Search=
Since the last hearing, there have been no changes to the applicant’s project request to allow for the physical and operational modifications; however, the applicant has worked with Staff to address the public and Commission’s concerns. The applicant has updated the project scope to include a 10% reduction in groundwater use, noise monitoring conditions, a habitat restoration plan, and measures to prevent potential water tank leakage into Dry Creek.
The proposed project includes the increase of wine production from 30,000 gallons to 45,000 gallons per year, an expansion of production space, an expansion of space for accessory uses (wine tasting and offices), an increase of one full time employee from four (4) to five (5) full-time employees, and an increase to the winery’s existing by appointment visitation and marketing programs. Additionally, the proposal includes the construction of an outdoor terrace for wine tasting (Business & Professions Code §23358, 23390 and 23396.5), with a second-floor outdoor patio above the terrace, landscaping improvements, relocation and reconfiguration of onsite parking, and the construction of an 81,000 gallon process water storage tank. The project includes approximately 1,500 cubic yards of earthwork for structural pads and exterior improvements. Staff has reviewed the proposed project and supports granting approval, subject to the attached recommended Findings and recommended Conditions of Approval included in Attachments A and B respectively. Wineries are conditionally permitted uses within the Agricultural Preserve (AP) zoning district. The project is located within one (1) mile of seven (7) existing wineries and is surrounded with residential homes. The majority of the project’s proposed disturbance area has previously been disturbed and includes the existing winery. With the implementation of a process wastewater system that uses treated water to offset an existing groundwater use for approximately four (4) acres of on-site vineyards, the proposed project would decrease groundwater demand from an existing demand of 3.97 acre-feet per year (AFY) to 3.57 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 areas: Biological Resources and Noise. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
The project was last heard at the September 17, 2025, Planning Commission meeting. At the hearing members of the public and Commissioners provided comments and raised questions regarding topics such as groundwater use, noise, habitat restoration, and potential water tank leakage.
Water - A Tier I Water Availability Analysis was prepared by Applied Civil Engineering (ACE), dated July 7, 2025, and a Tier III Water Availability Analysis was prepared by Richard C. Slade & Associates LLC (RCS), dated July 8, 2025. As directed by the County’s Water Availability Analysis Guidance Document of May 2015 (WAA) and the Interim Well Standards (January 2024), the reports include Tier 1 calculations for the existing and proposed groundwater uses and a groundwater recharge analysis, a Tier 2 well interference analysis, and a Tier 3 surface water interference analysis.
The Tier 1 analysis considered existing uses onsite to include the winery, landscaping irrigation, vineyard irrigation, and the neighbor’s well that is located on the parcel. The Arrow and Branch Winery currently uses 3.97 AFY and the Silenus Winery Easement Well uses approximately 8.5 AFY. The existing groundwater usage of the parcel is estimated at 12.47 acre-feet per year (AFY).
Following the September 17, 2025, Planning Commission hearing, the applicant has proposed a 10% reduction in groundwater demand for the proposed winery. The winery currently uses 3.97 AFY and the applicant proposes reducing the groundwater demand to 3.57 AFY. The proposed groundwater demand reduction will be achieved through the following measures:
1) Increase the amount of recycled winery process wastewater used to offset vineyard irrigation demand. The previous proposal included recycling at least 0.41 AFY of treated process wastewater to be used for vineyard irrigation. The represented 42% of the total amount of winery process wastewater expected to be generated by the winery (0.968 AFY). By increasing the percentage of winery process wastewater that is beneficially re-used to 84%, an additional 0.4 AFY of vineyard irrigation demand can be offset, therefore providing the additional savings needed to meet up to 10 percent reduction in groundwater pumping volume.
2) Implement vineyard irrigation system audit and scheduling efficiency upgrades.
3) Implement winery processing Best Management Practices (BMPs) to reduce water uses including one or more of the following: high temp and high-pressure washing systems, squeegees to clean floors and limit house wash-down water use, recycling of cleaning waters.
The proposed project would decrease groundwater use by 0.4 AFY compared to existing conditions.
|
Source of Demand |
Existing (AFY) |
Proposed (AFY) |
Difference (AFY) |
|
Primary Residence |
0 |
0 |
0 |
|
Vineyard Irrigation |
3 |
2.19 |
-0.81 |
|
Landscaping Irrigation |
0.2 |
0.2 |
0 |
|
Winery (Visitation, Marketing, and Employees) |
0.77 |
1.18 |
+0.41 |
|
Silenus Easement Well, located on project parcel. Usage is via easement |
8.5 |
8.5 |
0 |
|
Total |
12.47 |
12.07 |
-0.40 |
Sanitary Waste Disposal - An Onsite Wastewater Feasibility Study, dated September 9, 2023, was prepared by Applied Civil Engineering which outlines the required wastewater system to meet the needs of the proposed increases in winery production, employees, visitation, and marketing programs. The Onsite Wastewater Feasibility Study proposes and recommends that the disposal of the treated winery process wastewater be via irrigation of the onsite vineyard. The study analyzed the potential of using approximately 4 acres vineyard that is located to the west of the new winery structure and outside of the well setbacks. In order to accommodate differences in the timing of wastewater generation, irrigation demand, and limitations of wet weather application of treated wastewater, a storage tank will be required. The proposed project includes an 81,000-gallon process wastewater storage tank. The analysis assumes that during the summer, the treated water will be used to offset the irrigation needs of the vineyard, and in the winter application of treated winery process wastewater will not occur to prevent runoff. Applied Civil Engineering’s study concludes that the proposed wastewater system could support a maximum 0.829 AFY with the proposed 81,000 gallon tank and 4 acres of vineyard irrigation, which is a higher capacity than the proposed 0.81 AFY proposed within their request; therefore, the proposed system could support the proposed irrigation system as designed.
Noise - Illingworth & Rodkin prepared an October 18, 2023, Noise Assessment for the proposed project. The study reviewed the proposed project’s potential impacts to noise resources and concluded as follows:
Tasting and Marketing Activities: Marketing events would occur on a western outdoor patio and inside the winery structure. Outdoor amplified music is prohibited, so the primary noise source associated with the event would be raised conversations and acoustic instruments. Napa County’s noise threshold is 45 dBA L50. Outdoor events held in the covered patio area could be as close as approximately 460, 380, 200, 175, and 190 feet from the property lines of adjacent property lines of residences 1, 2, 3, 4, and 6. Outdoor visitation and marketing events with 30 guests and background music are estimated to meet Napa County’s 45 dBA threshold, with estimated noise levels of 29, 31, 38, 39, and 39 dBA from Residences 1, 2, 3, 4, and 6. Additionally, outdoor visitation and marketing events with 125 guests and background music are estimated to meet Napa County’s 45 dBA threshold, with estimated noise levels of 35, 37, 44, 45, and 45 dBA from Residences 1, 2, 3, 4, and 6. Visitation and marketing events with acoustic, non-amplified music performances, are estimated to produce 40, 42, 49, 50, and 50 dBA from Residences 1, 2, 3, 4, and 6. As the noise threshold is 45 dBA, the estimated noise for acoustic music will be greater than allowed by Napa County’s noise criteria. In order to mitigate any potential impacts to noise, mitigation measure NOISE-1 has been implemented to restrict outdoor music performances.
Illingworth & Rodkin prepared a September 5, 2025, Noise Assessment Addendum for the proposed project, which defined and clarified the difference between “non-amplified background music”, which would meet Napa County’s Noise Ordinance, and “non-amplified music performances”, which would not meet Napa County’s Noise Ordinance.
- Non-amplified background music typically takes the form of one or a few musicians (typically string instruments, piano, vocalists, or similar) performing at lower sound levels which do not compete or interfere with guest conversations. The sound levels at the adjacent residential property lines due to events held at the covered outdoor patio with non-amplified background music played during events with up to 125 guests would not exceed the County noise limits at the closest noise sensitive residential uses to the project.
- Non-amplified music performances typically involve a larger musical group (i.e., a quartet or larger, which may include strings, brass, drums, piano, and/or vocals) performing at higher sound levels and acting as the focus of the event. The sound levels at the adjacent residential property lines due to events held at the covered outdoor patio with non-amplified music performances would exceed the County noise limits at the closest noise sensitive residential uses to the project.
Due to this clarification, staff has updated NOISE-1 as follows:
NOISE-1: Outdoor visitation and marketing shall not include acoustic music performances. Acoustic music performances are defined as a musical group of four or more, or individuals playing brass and/or drum instruments).
The applicant also proposes a noise monitoring program, as detailed in Attachment D. Staff has updated the proposed noise monitoring program to allow for an enforcement mechanism.
Condition of Approval 4.20.c. - Noise Monitoring
1. The permittee shall hire a qualified acoustical engineer to conduct noise monitoring prior to and during two (2) 30 person and one (1) 125 person marketing events with non-amplified background music held at the outdoor covered terrace. These measurements shall be at five locations. The first at a distance of approximately 50 feet from the edge of the covered terrace (towards the adjacent residential uses), and the other four (4) at the property lines of Residences 3, 4, 6, and 7 as identified by Figure 1 of the “1st Event Sound Monitoring Plan” memo, prepared by Illingworth & Rodkin, Inc. All Sound levels measurements would be made using pre and post calibrated Type 1 sound level meters with ½-inch pre-polarized condenser microphones and windscreens. The internal clocks of these meters shall be synchronized to allow for simultaneous measurement.
2. The acoustical engineer shall prepare a report and the permittee shall submit the results of the noise monitoring to the Napa County Planning Division within one year of the initiation marketing events at the covered terrace as approved by this permit.
3. The Planning Commission shall hold a publicly noticed monitoring hearing on this approval approximately six (6) months after the submittal of the noise monitoring report for Arrow and Branch Winery. The hearing shall focus on noise impacts, if any. Prior to the issuance of a permit for the proposed building expansion, the permittee shall submit a $2,000 monitoring deposit to the Planning Division to fund (or, as the case may be, partially fund) staff time associated with the required monitoring hearing. The permittee shall be responsible for promptly reimbursing the Planning Division in the event that the monitoring costs exceed $2,000.
Restoration Plan - The applicant has proposed to restore a portion of the property that was previously impacted by tree and vegetation removal. The proposed restoration area is located between the top of bank of Dry Creek, proposed barrel storage expansion, and is within the stream setback. The applicant proposes to work with the California Department of Fish and Wildlife and other agencies to develop a restoration plan that is consistent with the Napa County Conservation Regulations.
Condition of Approval 6.15.e. has been incorporated, to encompass this proposal.
6.15 - OTHER CONDITIONS APPLICABLE TO THE PROJECT PERMITTING PROCESS
e. The permittee shall obtain a Water Quality Certification from the Regional Water Quality Control Board and all necessary permits/agreements from the California Department of Fish and Wildlife or demonstrate that the appropriate jurisdictions have determined that referenced applications are not required for riparian restoration within the stream setback. Prior to the issuance of grading/building permits, the permittee shall submit verification to the PBES department that the necessary permits have been obtained or verification from the appropriate jurisdictions that the referenced permit is not required.
Potential Water Tank Leakage - During the September 17, 2025, Planning Commission Hearing, members of the public and Commissioners voiced a concern regarding the potential leakage of the proposed 81,000 water tank. The applicant has updated the scope of their project to include design and operation measures to ensure that the water tank does not leak and to protect the area in the event that the tank does so. Staff has incorporated the proposed activities as Condition of Approvals 6.15.f and 9.9.a-c.
6.15 - OTHER CONDITIONS APPLICABLE TO THE PROJECT PERMITTING PROCESS
f. The 81,100 gallon treated process wastewater irrigation storage tank shall be designed in compliance with the California Building Code structural and seismic requirements.
9.9 - OTHER CONDITIONS APPLICABLE PRIOR TO ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY
a. Prior to final occupancy, the permittee shall install a high-level alarm on the treated process wastewater irrigation tank to sound when the tank achieves two-thirds capacity. The alarm shall notify winery personnel when the tank is nearing capacity level, to implement an irrigation cycle to lower the tank water level, as needed to accommodate upcoming winery activities’ water use.
b. Prior to final occupancy, the permittee shall prepare a daily visual inspection program to be implemented, that will inspect the treated process wastewater irrigation tank for leakage at least once each day during normal operating hours.
c. Prior to final occupancy, the permittee shall obtain all of the necessary permits to install a soil berm (6 inches to 9 inches tall) around the side of the treated process wastewater irrigation tank nearest to Dry Creek and construct the soil berm. The soil berm shall not be located with the site’s designated Stream Setback.
Environmental Analysis - Staff prepared an Initial Study and Mitigated Negative Declaration (SCH# 2025080635) that evaluated the environmental impacts of the project and did not identify any potentially significant effects with the incorporation of mitigation measures for Biological Resources and Noise.
California Environmental Quality Act (CEQA) guideline §15073.5(c)(4) outlines that recirculation of a Mitigated Negative Declaration is not required with the addition of new information which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. With no significant environmental effects anticipated, and with the project’s consistency with adopted County policies and regulations, staff believes that the necessary findings for the project can be made and recommends approval of the Use Permit as proposed and subject to the conditions.
Public Comments - At the time of staff report preparation and since the September 17th Planning Commission hearing, three public comment has been received with concerns about the proposed project.
Decision Making Options:
As noted in the Executive Summary Section above, staff recommends that the Planning Commission approve the project as proposed, subject to the Findings and Conditions of Approval in Attachment and B, respectively. However, staff has provided the following options for consideration by the Planning Commission.
Option 1 - Approve Applicant's Proposal (Staff Recommendation)
Disposition - This action would approve the project as proposed, allowing the winery expansion and increased operation of a 45,000-gallon per year winery with related tours and tastings and marking program that would allow up to 34 guests per day, seven days per week. The requested Use Permit would increase vehicle trips and miles, and wastewater generation at the property, in addition to adding winery development area. New construction would be compliant with Napa County zoning code regulations for winery developments, including minimum setbacks from property lines and public roads, maximum lot coverage, and maximum building height. With implementation of mitigation measures pertaining to biological and noise resources, potential environmental impacts of the project would be less than significant, and additional Conditions of Approval would be enforced with the intention of preserving public health, safety, welfare and convenience.
Staff recommends this option as the request is consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made.
Option 2 - Modify the Applicant’s Proposal and Reduce Visitation
Disposition - Should the Planning Commission determine that the intensity of the visitation and marketing plan should be reduced, the Commission may take action to reduce the number of daily, weekly, or yearly visitors and/or reduce the number of proposed marketing events and/or reduce the hours of visitation.
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 marketing events. If significant revisions to the Conditions of Approval are required, the item may need to be continued to allow staff adequate time to prepare the revised conditions.
Option 3 - Deny Applicant's Proposal
Disposition - 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. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit Major Modification is not being approved.
Action Required - Commission would move to deny the project.
Option 4 - 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 Agency Memos
C - Initial Study/Mitigated Negative Declaration
D - Applicant’s Response Letter
E - Environmental Noise Assessment Addendum
F - Public Comment