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: Hendry Winery, Use Permit Major Modification Application #P15-00173-MOD
RECOMMENDATION
title
GEORGE HENDRY / HENDRY WINERY / USE PERMIT MAJOR MODIFICATION APPLICATION #P15-00173-MOD
CEQA Status: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. The project is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. (State Clearinghouse Number: 2025020413)
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. 97506-UP and subsequent modifications, to recognize and approve items that are out of compliance with permitted entitlements and for expansion beyond existing entitlements. Project components include an increase in the number of employees, daily visitation, marketing events, the addition of on-premises consumption of wine produced on-site, parking, and necessary infrastructure improvements and upgrades. Additionally, installation of a new well on the parcel across Redwood Road to be used exclusively to serve the winery property. The Winery Parcel, APN 035-120-031, is located on an approximately 60.7-acre parcel at 3104 Redwood Road, within the AP (Agricultural Preserve) zoning district, with a General Plan designation split between AR (Agricultural Resource) and AWOS (Agriculture, Watershed and Open Space). The Well Parcel, APN 035-120-030, is an approximately 35.26-acre parcel within the AW (Agricultural Watershed) zoning district, with a General Plan designation split between AR (Agricultural Resource) and AWOS (Agriculture, Watershed and Open Space). (CONTINUED FROM DECEMBER 18, 2024)
Staff Recommendation: Adopt the Negative Declaration and approve Use Permit Modification P15-00173, as conditioned.
Staff Contact: Emily Hedge, Planner III, (707) 259-8226 or emily.hedge@countyofnapa.org
Applicant Contact: Jeff Miller, Hendry Winery, (707) 480-0084 or hendryjeffmiller@aol.com
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Adopt the Negative Declaration, based on recommended Findings 1 through 7 of Attachment A; and
2. Approve Use Permit Modification P15-00173 based on Recommended Findings 8 through 12 of Attachment A, and subject to the Recommended Conditions of Approval in Attachment B.
Discussion:
Hendry Winery is an existing winery located on an approximately 60.7-acre parcel located on the east side of Redwood Road near northwest Napa city. Use Permit No. 97506-UP, for a winery with 59,000 gallons of wine per year with visitation and marketing events, was approved on September 2, 1998. The Commission approved subsequent modifications to the winery use permit in 2000 and 2001 (Major Modification Nos. 99408 and 00343). The approved entitlement for the winery consists of:
1) an annual production limit of 59,000 gallons per year, of which 35,400 gallons could be made available to custom crush producers;
2) a 23,000 square foot winery building and an approximately 7,000 square foot covered crush pad and outdoor work area;
3) a marketing program consisting of up to two (2), 30-person events per year;
4) weekly visitation, by appointment, for not more than 20 visitors per week; and
5) a total of three (3) full-time and two (2) part-time employees.
As a result of the 2013 Wine Audit, County staff became aware that the winery was exceeding its permitted visitation levels, and accordingly, sent a Notice of Violation to the property owner. On Aril 20, 2015, the applicant submitted this Use Permit Major Modification application in response to the violation.
In 2018, the project was presented at the September 19, 2018, Planning Commission hearing. At that time the winery was determined to also be out of compliance with their number of employees. The applicant was directed by the Planning Commission to revise their 2015 project request to include recognition of the existing conditions identified in the hearing and update necessary analyses to evaluate the project as revised.
While the applicant was considering direction moving forward, the Code Compliance Program was adopted by the Board. Since the application was a Code Compliance case prior to the Program’s March 29, 2019, by 2:00 p.m., submittal deadline, it was determined that the application could be included in, and processed under, the direction of the Program. In September 2019, the applicant submitted a revised project proposal that included the items originally requested in 2015 and recognition of the 2018 components of the project that were out of compliance. Consistent with this program, staff has bifurcated their request to the recognition of existing conditions and a request for expanded conditions.
A. Components necessary to remedy existing violations:
1. Recognition of one (1) unpermitted part-time employee. The winery has approval for three (3) full-time and two (2) part-time employees;
2. Recognition of 34 visitors per day, up to 121 visitors per week. The winery has approval for 20 visitors per day, up to 20 visitors per week;
3. Recognition of annual marketing events including 12 events with 50 guests and one (1) event with 150 guests. The winery has approval for two (2) events with 30 guests; and
4. Recognition of four (4) parking spaces, for a total of 10 spaces. The winery has approval for six (6) parking spaces.
B. Expansion beyond existing entitlements:
5. Increase employment from three (3) full-time and three (3) part-time employees (existing conditions requested to be recognized via the Program) to five (5) full-time and five (5) part-time employees;
6. Increase tours and tastings by appointment only from 34 visitors per day, up to 121 visitors per week (existing conditions requested to be recognized via the Program) to 35 visitors per day, up to 245 per week;
7. Remove limitation on custom crush operations (no change to annual production of up to 59,000 gallons of wine);
8. Convert approximately 400 square feet of offices to tasting rooms;
9. On-premises consumption of wine as set in accordance with Business and Professions Code Sections 23358, 23390, and 23396.5, within the 950 square foot wine tasting rooms and the adjoining front porch, and in the covered work area on the east side of the building, adjacent to the barrel storage rooms;
10. Expansion of an on-site wastewater treatment system;
11. Installation of a transient non-community water system; and
12. Installation of a new well on APN 035-120-030 to fully serve the winery and its accessory uses.
Staff has reviewed the proposed project and supports granting approval. The modification would bring the existing winery into compliance with their entitlements and allow for a minor expansion of operations for the future. Staff prepared an Initial Study/Negative Declaration that evaluated the potential environmental impacts of the proposal as presented by the applicant, including the recognition and new uses beyond existing entitlements. With the inclusion in the Code Compliance Program, the County may use the winery’s existing operations as the environmental baseline for analysis under the California Environmental Quality Act (CEQA) related to this application. Staff determined that the applicant’s proposal would not have any potentially significant environmental impacts based upon the existing conditions of the parcels and given that the proposed physical improvements are limited, generally occurring in already disturbed areas. Therefore, staff recommends adoption of the Negative Declaration. Furthermore, staff found the requests for recognition and expansion to be consistent with the Zoning Ordinance and applicable General Plan policies including the County’s current groundwater requirements.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration the proposed project would have less than significant environmental impacts. In accordance with Section 15073 of the California Environmental Quality Act (CEQA) Guidelines, Napa County submitted the proposed Initial Study/Negative Declaration to the State Clearinghouse for a 30-day review period beginning on February 13, 2025, and running through March 18, 2025 (State Clearinghouse No. 2025020413). This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner:
Winery Parcel - George Hendry, 3104 Redwood Road, Napa, California 94558
Well Parcel - Michael Hendry, APN 035-120-030
Project Proponent: Jeff Miller, Hendry Winery, 3104 Redwood Road, (707) 480-0087 or hendryjeffmiller@aol.com
Zoning:
Winery Parcel - AP (Agricultural Preserve) District
Well Parcel - AW (Agricultural Watershed) District
General Plan Land Use Designation:
Winery Parcel - Agricultural Resource (AR) and Agriculture, Watershed and Open Space (AWOS)
Well Parcel - Agricultural Resource (AR) and Agriculture, Watershed and Open Space (AWOS)
Application Filed: April 20, 2015; Resubmittals received June 23, 2017, November 16, 2017, and February 20, 2018
Application Deemed Complete: August 27, 2018
Planning Commission: September 19, 2018
Application added to Code Compliance Program: September 25, 2019. Resubmittals received: September 28, 2022, January 5, 2023, October 24, 2023, June 24, 2024
Application Deemed Complete: August 8, 2024
Planning Commission Hearing: At the December 18, 2024, Planning Commission hearing the item was continued to a date uncertain in order to allow time to resubmit the Initial Study Negative Declaration to the State Clearinghouse (SCH) for a review period of 30 days. On November 25, 2024, staff submitted the original Initial Study Negative Declaration to the SCH with a review period of 20 days (SCH No. 2024110936-Withdrawn). Following consultation with the California Department of Fish and Wildlife (CDFW), the document was withdrawn from the SCH to later resubmit it with a review period of 30 days. On February 12, 2025, the document, with minor edits, was resubmitted to the SCH with a review period of 30 days (SCH No. 2025020413).
Initial Study Negative Declaration - State Clearinghouse No. 2025020413
The minor edits included in the revised Initial Study Negative Declaration include updating Item No. 11 to include CDFW as a Trustee Agency and updating Item No. 12 and Section XVII Tribal Cultural Resources to include reference to the letter received from the Yocha Dehe Wintun Nation, dated January 16, 2025, in which the tribe declined any comment on this project. On January 10, 2025, CDFW informed staff, via email correspondence, that they completed a full review of the November 2024 Initial Study Negative Declaration before it was withdrawn from the SCH and did not have any comments. The email noted that if there would not be any changes present in the resubmittal, the agency would not be submitting comments (See Attachment M. Public Comments). Following submittal of the revised Initial Study Negative Declaration to the SCH staff emailed CDFW to inform them of the minor edits noted above. Staff does not expect the edits to result in comments from CDFW.
Parcel Size:
Winery Parcel: Approximately 60.7 acres
Well Parcel: Approximately 35.26 acres
Existing Development:
Winery Parcel: Agricultural uses that include an approximately 23,000 square foot winery building with a 900 square foot attached porch, and approximately 6,150 square feet of covered outdoor work areas; approximately 25 acres of vineyard and a vineyard irrigation pond; and three agricultural and utility buildings. There is also a single-family residence on-site.
Well Parcel: This parcel contains a well that currently serves the existing winery operations and vineyard irrigation. The remainder of the parcel is undeveloped. The existing well will be disconnected and a new well, drilled in close proximity, will be hooked up to the existing infrastructure and distribution equipment that transports the water to the winery site.
Winery Characteristics
Winery Development Area Approved: 42,000 sq. ft. or 0.96 acres
Winery Development Area Existing/Proposed: No change
Winery Coverage Approved: 75,595 or 1.74 acres. 2.9 percent of the parcel.
Winery Coverage Existing/ Proposed: No change
Production Capacity Approved: 59,000 gallons per year
Production Capacity Existing/Proposed: In compliance. No change
Accessory/ Production Ratio Approved: 9.2 percent.
Accessory/ Production Ratio Existing: 9.2 percent.
Accessory/ Production Ratio Proposed: No change
Number of Employees Approved: three (3) full-time employees and two (2) part-time employees
Number of Employees Existing: three (3) full-time employees and three (3) part-time employees
Number of Employees Proposed: five (5) full-time employees and five (5) part-time employees
Visitation - Approved: 20 per day, 20 per week
Visitation - Existing: 34 per day, 121 per week
Visitation - Proposed: 35 per day, 245 per week
Marketing Program - Approved: two (2) events with up to 30 guests
Marketing Program - Existing: 12 events with up to 50 guests and one (1) event with up to 150 guests
Marketing Program - Proposed: No change from Existing
On-premises Consumption - Approved: None
On-premises Consumption - Existing: None
On-premises Consumption - Proposed: Proposed to occur in the tasting room, porch, covered work area.
Days and Hours of Operation - Approved: Monday - Sunday. Production 9:00 a.m. and 5:00 p.m., Hospitality tasting room 10:00 a.m. and 4:00 p.m.
Days and Hours of Operation - Existing/Proposed: In compliance. No change.
Parking - Approved: Six (6) spaces
Parking - Existing: Ten (10) spaces
Parking - Proposed: No change from Existing
Setbacks: The Winery development exceeds all applicable minimum setbacks, including the 300-foot minimum winery setback from Redwood Road. No additional structural development is proposed.
Adjacent General Plan Designation / Zoning / Land Use:
North: The city of Napa’s 155-acre Alston Park, within the Napa municipal boundary, borders the Winery Parcel to the north. The Hendry property also shares its northern property line with a smaller, 6.24-acre parcel that is unincorporated, and on which operates the Brookside Inn & Vineyards, a bed and breakfast inn. The smaller, unincorporated parcel is zoned AW (Agricultural Watershed) and has a General Plan land use designation of AWOS. The Well Parcel is bordered by an approximately 5-acre parcel zoned AW, with a land use designation of AWOS.
East: Alston Park shares roughly one-third of the length of the eastern property line of the project site. The southern two-thirds of the eastern property line is shared with a 42-acre parcel that is also owned by the applicant and substantially planted with vineyards; the parcel is zoned AP and has a General Plan land use designation of AR. The Well Parcel is bordered by Redwood Road and the Winery Parcel.
South: To the south of the Hendry Winery property are two parcels of 22.1 and 18.8 acres in size. Both parcels are owned by the applicant, and both parcels are predominantly planted with vineyards. The larger of the two parcels includes an irrigation pond. Both parcels are zoned AP and have a General Plan land use designation of AR. Along the property line shared between the subject site and the adjoining two parcels is an access stem providing access from Redwood Road to Alston Park to the north and east. The Well Parcel is bordered by City properties to the south.
West: The right-of-way of Redwood Road, a county collector facility, borders the property to the west. Across Redwood Road from the winery site is an undeveloped 35.3-acre parcel owned by Michael Hendry, a relative of the applicant; the parcel is zoned AW and has General Plan land use designations of AR and AWOS. The Well Parcel is bordered by a 255-acre parcel zoned AW, with a land use designation of AWOS.
Wineries in the Vicinity (located within one mile of the project):
There are four (4) wineries located within one (1) mile of the Winery Parcel.
Parcel History:
The Winery Parcel is an approximately 60-acre parcel located on the east side of Redwood Road, in an unincorporated area just outside the municipal boundary of northwest Napa city. Members of the Hendry family have owned the subject property and three adjoining parcels since 1939. Although the current property owner planted much of the property in vineyards following his family’s purchase of it, the applicant reports that the property had grapevines as early as the 19th century.
On September 2, 1998, the property owner obtained from the Napa County Conservation, Development and Planning Commission, use permit approval to construct and operate a winery on the property (Use Permit No. 97506-UP). The use permit allowed the winery an annual production limit of 59,000 gallons of wine per year; 21,000 square feet of building area to house wine production and barrel storage facilities; and a 6,880 square foot covered crush pad and outdoor work area. The Commission approved weekly visitation, by appointment, for one to two groups of four to eight general public visitors per group, plus one group of one to four visitors from the wine trade, for a total of 20 visitors per week. Use Permit No. 97506 was later modified by approval of Use Permit Major Modification Nos. 99408 and 00343, which resulted in: 1) shifting the location of the winery building 400 feet northward, further away from the existing on-site residence; 2) an increase winery building area from 21,000 to 23,000 square feet, inclusive of an approximately 500 square foot tasting room; 3) addition of a marketing program to winery operations, consisting of up to two, 30-person events per year; 4) an increase in the allotment of annual production available to custom crush producers, from 2,300 gallons to 35,400 gallons of the winery’s 59,000 gallon annual production limit, and 5) a total of three (3) full-time and two (2) part-time employees. While the property owner removed some of the vineyard in 2000-2001 to accommodate construction of the existing winery building and production areas (Building Permit No. B00-01156), there are still approximately 25 acres of grape vines planted on-site.
The Well Parcel, owned by the Hendry family, is located on the west side of Redwood Road. The parcel is currently undeveloped except for the existing well that serves the winery.
Code Compliance History:
The Winery Parcel
On February 2, 2015, and March 30, 2015, staff of the Napa County Code Enforcement Division sent the Hendry Winery a Notice of Violation. The notice referenced the 2013 Wine Audit, during which staff became aware that the winery was exceeding its permitted visitation levels. The applicant submitted this Use Permit Major Modification application in response to the violation. The application included a secondary request to augment the winery’s existing marketing program. On July 7, 2017, Code Enforcement case CE17-00191 was opened to document the progress of correcting the violation.
In 2018, the project was heard at the September 19, 2018, Planning Commission hearing and was determined to be out of compliance with additional components of their entitlements, including visitation levels and number of employees. The applicant was directed by the Planning Commission to revise their 2015 project request to include recognition of the existing conditions identified in the hearing and update necessary analyses to evaluate the project as revised.
While the applicant was considering direction moving forward, the Code Compliance Program was adopted by the Board. Since the application was a Code Compliance case prior to the Program’s March 29, 2019, by 2:00 p.m., submittal deadline, it was determined that the application could be included in, and processed under, the direction of the Program. The applicant submitted a revised project proposal in September 2019, that included the items originally requested in the 2015 application and recognition of the 2018 components of the project that were out of compliance. On March 13, 2020, the Code Enforcement Division opened code case CE20-00071 to correspond with the revised project included in the Program. Because the 2020 case is inclusive of the issues identified in the 2017 case, the 2017 case is no longer active, although it has not been fully closed out in our permitting system.
On September 14, 2021, County staff conducted an inspection and identified health and safety issues that if corrected would create a safer environment for employees and visitors at the winery. On December 13, 2021, Code Enforcement staff sent a letter to the winery owner, containing 13 items that needed to be corrected in order to comply with County and State codes for safety. Additionally, the letter identified five (5) development items that did not have the necessary building permits. The applicant has been working with the Fire Marshal, Code Enforcement, and the Building Division to complete the required improvements and get the necessary permits. Items requiring building permits are either completed, have permits issued and are pending inspections, or have permits ready to be issued. The applicant completed an inspection scheduled with the Fire Marshal on December 9, 2024, to review the status and final steps required for staff to be able to sign off on the items related to the State Fire Code. The remaining items discussed at that meeting are in the process of being completed and signed off by the Fire Marshal. Condition of approval 6.15.c., has been included to ensure the remaining items are completed prior to implementation of any increases beyond existing conditions, COA 4.20.a.
The Well Parcel
In August 2014, staff identified unauthorized grading had occurred on the existing access road to the well (CE14-00209). In March 2015, grading permit ENG15-00008 was submitted to authorize the work that had been completed. Condition of Approval No. 6.15.d. requires the applicant to complete the permit process prior to implementation of any increases beyond existing conditions, COA No. 4.20.a.
Discussion Points:
Setting
The Winery Parcel is located on the east side of Redwood Road, in a pocket of unincorporated lands bordered on the south, north, and east by the city of Napa municipal boundary. The property is currently developed with an approximately 23,000 square foot winery building with a 900 square foot attached porch; approximately 6,150 square feet of covered outdoor work areas; and 10 winery employee and visitor parking stalls. Also on-site, but outside the scope of this use permit modification, are approximately 25 acres of vineyard, an irrigation pond, three agricultural and utility buildings, and the single-family residence of the winery operator and property owner. Redwood Creek extends north to south through the property. Access to the property is directly from Redwood Road, with a 20-foot wide asphalt-paved driveway from Redwood Road providing access to the residential and winery buildings on-site.
The Well Parcel is undeveloped, other than the existing well. The existing well infrastructure includes a two (2) inch pipe that runs underground down the well access road and crosses under Redwood Road. The pipe comes above ground and is attached to the existing winery driveway bridge where it crosses over Redwood Creek and then continues below ground to the winery facility. The parcel is heavily wooded, sloping west to east toward Redwood Road.
Surrounding land uses, as described above, include the city of Napa’s Alston Park, a bed and breakfast inn, vineyard acreage and undeveloped lands. The closest off-site residence to the winery building is located approximately 1,400 feet southwest of the building.
Winery Use Permit Modification Proposal - As described in further detail in the following paragraphs, the project would increase operational components of the winery including employees, visitation, and marketing events, allow on-premises consumption and use of the portions of the existing building and porch for hospitality, and remove the restriction on custom crush operations. Physical improvements include a minor expansion to the existing leachfield and drilling a new well on the Well Parcel.
Visitation and Marketing - The applicant requests to increase tours and tastings by appointment only from 34 visitors per day with up to 121 visitors per week (existing conditions requested to be recognized via the Program) to 35 visitors per day with up to 245 per week. Tours and tastings would continue to occur in an approximately 500 square foot reception room in the winery building. Two rooms, adjacent to the reception room and originally approved as offices, are requested to be recognized as additional tasting space. Marketing events would also be held inside the tasting rooms, as well as, under covered spaces and/or a temporary tent placed proximate to the building.
The applicant requests recognition of annual marketing events including 12 events with 50 guests and one (1) event with 150 guests, an increase from the permitted two (2) events with 30 guests. Marketing events would be held in the tasting rooms, behind the winery building under the canopy of the covered work area outside of the barrel rooms, and some events may be held in a tent placed behind (east of) the winery building. Events would be scheduled to occur during normal business hours, between 9:00 a.m. and 5:00 p.m.
Setbacks - The proposed project exceeds all applicable minimum setbacks, including the 300-foot minimum winery building setback from Redwood Road.
Traffic and Parking - Daily trips would increase with approval of the proposed additional employees and visitors. The applicant submitted the County’s Winery Trip Generation Worksheet which calculated the trips for the entitled conditions and the proposed project. Note: At the time the trip generation worksheet was submitted, the threshold for completing a traffic study was 40 trips, as stated on the bottom of the worksheet. However, while the application was still under review, the County’s Traffic Impact Study (TIS) Guidelines were changed to reflect a threshold of 110. The employee and visitation numbers were not revised after the submittal, so the form did not need to be resubmitted.
Entitled: Maximum weekday trips during harvest would be 35, with a maximum 30 trips during non-harvest. Weekend trips during harvest would be 34, with a maximum of 29 trips during non-harvest.
Proposed: Maximum weekday trips during harvest would be 58, with a maximum 53 trips during non-harvest. Weekend trips during harvest would be 56, with a maximum of 51 trips during non-harvest.
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. For a new project that would generate less than 110 net new daily vehicle and truck trips, not only is the project not required to prepare a TIS, it is also 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 trips (less than 110), the project is presumed to have a less than significant impact for VMT.
The major modification request includes a request for the County to recognize an increase in the number of permitted parking stalls on-site, from six (6) permitted parking stalls to 10 existing stalls. The additional four stalls proposed to be recognized have been striped in a work area located behind the winery building, and would provide marked spaces for the winery’s employees. 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. It is further noted that the additional four stalls are located on an existing paved surface used as part of wine production operations and are not visible from Redwood Road.
Wastewater - A revised Wastewater Feasibility Report was prepared by CMP Civil Engineering & Land Surveying, dated January 5, 2023, was submitted to evaluate the revised proposed project. The existing wastewater treatment system serving the winery consists of septic tanks, sump tanks, and approximately 1,500 linear feet of leachlines located in a former animal paddock located south of the on-site residence. The system has a total treatment capacity of up to 1,500 gallons of wastewater per day, which is undersized for the winery’s permitted entitlements. It is unknown to the current project engineer why the existing system was undersized; however, they note that the system has been, and still is, functioning well without any evidence of being overtaxed.
The proposed project would increase domestic wastewater flows from additional employees and visitors. Although an increase in the number of event visitors is proposed, this will not impact the onsite wastewater system because all event wastewater flows will be handled by portable restroom facilities. There are no proposed changes to production, so there would not be changes to the process wastewater flows.
Of the components comprising the domestic wastewater system, the existing domestic septic tank and pump tank are more than adequate to handle the proposed peak flow associated with the proposed operational changes. That said, the existing leach field at its current size is not adequate to handle this increase in peak flow. The existing leach field needs approximately 200 additional feet to accommodate the increase.
The Division of Environmental Health reviewed this report and concurred with its findings, conditioning that the plans shall be designed by a licensed Civil Engineer or Registered Environmental Health Specialist and approved by the Division of Environmental Health.
Water System - Due to the number of employees and daily visitation (25 people or more per day for 60 days or more per year), the project triggers the need for a Transient Non-Community water system. The water source for the system will be the new well on the Well Parcel. The well will meet State Health and Safety Code and California Code of Regulations (CCR) requirements for use with this type of water system. A Preliminary Water System Technical Report and a Water System Feasibility Report were prepared by CMP Civil Engineering & Land Surveying, both dated October 30, 2024. The reports demonstrate the ability of the Well Parcel to support a Transient Non-Community water system. Since the proposed new well and water system are to be installed on the Well Parcel, separate from the winery on the Winery Parcel, a water allocation agreement must be recorded between the owners. Staff is recommending condition of approval No. 6.15.e. which requires the recordation of the agreement.
If the existing well remains as a standby source for the water system, it will also need to meet applicable State construction and operational standards. The well shall be operated as a standby source as defined in CCR, Title 22, Chapter 15, Article 1, §64401.6 ‘Standby Source’ and pursuant to CCR, Title 22, Chapter 15, Article 2, §64414 ‘Standby Sources’. The necessary construction and operational information on the existing well will be provided during the water system permitting process to demonstrate that it currently meets standards or that improvements will be completed to comply with State regulations. Condition of Approval No. #6.15.a has been updated to reflect this information.
Groundwater Availability - A Water Availability Analysis (WAA) was prepared by CMP Civil Engineering & Land Surveying, dated June 24, 2024, as directed by the County Water Availability Guidelines (May 2015). The report includes a Tier 1, Tier 2, and Tier 3. The project proposes to drill a new well, in close proximity to the existing well, on the Well Parcel. This proposed well will serve all of the winery water needs.
There is one residence located on the subject property, which is served water by the Napa City Water District. Water for the winery is currently supplied by a well on the Well Parcel. In 1961 the Hendry family granted an easement for a water main to the City of Napa, and in return, the City allowed a future connection to said water main. In 2001 Mike Hendry applied for and was granted City water service for the residence at 3104 Redwood Road (Attachment G). Residential water use was not included in the WAA calculations.
Tier 1 - The report includes Tier 1 calculations for the approved, existing (out of compliance), and proposed water use. The winery is in compliance with their production allowance and are not requesting an increase, therefore there are no changes to the water usage associated with production activities. Winery domestic water use associated with employees and visitors, represents the water use that is currently out of compliance and that would further increase with this project. As shown in the table below, domestic water use was approved at 0.08 acre-feet, current usage is 0.12, and the proposed usage is 0.26. The project would increase water use above the existing use by 0.14 acre-feet. The vineyards are also irrigated with the well water and are therefore included in the total water use calculations for the Winery Parcel. There is no change to the vineyard irrigation.
|
Operation (Using Groundwater) |
Approved (Acre-feet per year) |
Existing (Acre-feet per year) |
Proposed (Acre-feet per year) |
|
Winery |
|
|
|
|
- Process |
0.91 |
0.91 |
0.91 |
|
- Domestic Employees and Visitors |
0.08 |
0.12 |
0.26 |
|
Total Winery Use |
0.99 |
1.03 |
1.17 |
|
|
|
|
|
|
Irrigation |
5.25 |
5.25 |
5.25 |
|
Total Parcel Use |
6.24 |
6.28 |
6.42 |
Since the location of the proposed well on the Well Parcel is located outside of the GSA Subbasin, a parcel-specific groundwater recharge analysis was prepared for the Well Parcel. This analysis quantifies the amount of average annual rainfall infiltrating to the underlying aquifer based on the most recent, stable 10‐year precipitation data provided by the Oregon State University PRISM Climate Group, estimated losses to runoff, and estimated losses to evapotranspiration. The calculated groundwater recharge rate for the well property is 0.60 acre‐feet of water per acre of land. Given that the parcel is 35.26 acres, the recharge potential for the Well Parcel is 20.99 acre‐feet per year. The proposed water use of 6.42 acre-feet is significantly less than the estimated recharge potential of 20.99.
Tier 2 - There are no known off‐site wells located within 500 feet of the proposed new well location and there are no known springs located within 1,500 feet of the proposed well location. As such, the project passes the Tier 2 criteria with no further analysis required.
Tier 3 - At the nearest point, the new well will be located approximately 505 feet away from Redwood Creek, a designated significant stream. The Water Availability Analysis Guidance Document provides distance standards that are expected to preclude any significant adverse effects on surface waters based on well pumping rates, aquifer hydraulic conductivity, and well construction characteristics. These distance standards are presented in Tables 3, 4 & 5 within the Water Availability Analysis Guidance Document.
In order to limit the radius of potential interaction and to preclude any significant adverse effects on surface waters, the proposed well will be constructed with a minimum 50 foot deep annular seal, well perforations will begin at a depth greater than 100 feet, and the well will be equipped with a Clack Corporation FLO‐ET 9 GPM V7A106D (or equivalent) flow control device, which will limit the flow rate of the well to 9 gallons per minute. As proposed, the new well will meet the criteria of Table 3 of the Water Availability Analysis Guidance Document, and the acceptable distance from surface water is 500 feet. As noted above, at its nearest point, Redwood Creek is approximately 505 feet from the proposed well and therefore the proposed well will not have any significant adverse effect on Redwood Creek. The proposed well passes the Tier 3 screening criteria.
Staff is recommending condition of approval No. 6.15.a. which would require the installation of the specific equipment per the parameters noted above.
As discussed in the Water System section above, a water allocation agreement must be recorded between the property owners to ensure that the Well Parcel provides groundwater to the Winery Parcel. Condition of approval No. 6.15.e. would require the recordation of the agreement. The agreement would include the requirement for the new well on the Well Parcel to provide 1.17 acre-feet per year of groundwater to the Winery Parcel for use in association with the winery Use Permit. The 1.17 acre-feet per year is based on the estimated water use for winery operations as calculated in the Water Availability Analysis prepared by CMP Civil Engineering & Land Surveying, dated June 24, 2024.
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, that case 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 the Interim Napa County Well Permit Standards and WAA Requirements - January 2024, providing guidance to complying with the Public Trust. A Tier 3 review is the County’s adopted method for complying with its duties under the Doctrine. As discussed above the new well will comply with Table 3 of the WAA Guidance document. County has satisfied its duty to consider impacts to trust resources and no further analysis is required.
Grape Sourcing - The project site currently has approximately 25 acres of vineyard, which is estimated to yield 10,000 to 15,000 gallons of the winery’s permitted annual production of 59,000 gallons of wine. Five properties adjoining or proximate to the Hendry Winery property encompass a total of 103 acres, are also owned by the applicant, and are predominantly planted with vineyards. Though, in practice, some grapes are imported from other properties or sold to other wineries, grapevines grown on these parcels are capable of yielding enough grapes for all of the winery's permitted annual production. The winery operator, through the use permit application, has indicated that he intends to maintain compliance with the 75 percent Napa Valley grape source requirement, should the modification be approved. The applicant’s request also includes removal of the condition of approval restricting custom crush operations at the winery, consistent with recent County practice.
Greenhouse Gas (GHG) Emissions - On the GHG Best Management Practices (BMP) Checklist submitted with the use permit application, the applicant identified seven GHG reduction BMPs that the operators are currently implementing at the winery. These include installation of energy-conserving lighting (BMP-9); use of recycled materials (BMP-28); support of 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 the operators implement BMPs that include limiting the volume of grading and tree removal on-site (BMP-24); use of 70-80 percent cover crop (BMP-31); and chipping and reuse of pruned biomass, rather than burning the material on-site (BMP-32). The applicant did not indicate on the checklist intent to introduce new GHG reduction programs into the winery’s current operations. Conditions of Approval Nos. 4.20.b. will required the continued implementation of the existing measures checked on the form. Evidence shall be provided to staff upon request.
Public Comments - Public comments are included in Attachment M. Prior to the December 18, 2024, Planning Commission Hearing Water Audit California (WAC) provided a comment letter that primarily related to the CEQA analysis, the proposed well and water system, and the processing of the application. Staff has provided responses to the comment letter, See Attachment N. Staff is confident that the comments received do not affect the validity of the analysis previously performed by staff. In response to the comment letter, minor revisions to the Recommended Findings and Recommended Conditions were made for added clarity, including COA No. 6.15.a which has been updated with supplemental information.
Comments also include emails received from neighbors requesting additional information on the project and the proposed water use. Following receipt of the requested information, the neighbors informed staff that their concerns have been alleviated, and they had no further comments on the project. An email supporting the project was also received.
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, expanded marketing plan, and additional parking spaces. In order to operate at these levels (more than 25 users per day for more than 30 days per year) they would need to install the Transient non-community water system, which needs the new well, and to upgrade the septic system which is undersized for the approved entitlements.
Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant’s request. There would be no groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in the Executive Summary with the scope revised to reflect the existing operations. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 2 - Revised Project Request - Reduce Unpermitted Existing Operations
Disposition - This option allows the Planning Commission the ability to reduce uses on the property by decreasing the winery's existing unpermitted operations that exceed the levels of their permitted entitlements. The reduction could include reduced visitation, marketing, employees, or number of parking spaces. This option would still require the upgrade to the septic system which is undersized for the approved entitlements. Depending on the reduced levels, the project may not require the water system.
Given that the County used the winery’s existing operations as the environmental baseline for the CEQA analysis related to this application, no potential environmental impacts have been identified with this applicant’s project proposal. Staff recommends no changes to the proposed visitation, marketing, employee numbers, or parking. 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 reduction in daily and weekly visitation and annual marketing events, and a reduction in parking. 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. The applicant would still be required to upgrade the septic system which is undersized for the approved entitlements.
Action Required - Commission would take tentative motion to deny the project and remand the matter to staff for preparation of required findings to return to the Commission on a specific date. This option would still require the upgrade the septic system which is undersized for the approved entitlements.
Decision Making Options Regarding Additional Expansion Beyond Existing Conditions:
Option 4 - Approve Applicant's Proposal (Staff's Recommendation for Use Permit)
Disposition - This option would result in approval of a higher number of employees and greater daily visitation beyond their approved entitlements and their existing out of compliance levels of operation. Additionally, this would approve conversion of office space to tasting room space, on-premises consumption, and removal of the limitation on custom crush. Physical improvements would include expansion of the existing leachlines and drilling a new well on the Well Parcel.
The CEQA analysis evaluated this request and no potential environmental impacts have been identified with this project proposal. Furthermore, County divisions and departments have reviewed the proposal and are in support of the applicant's request. There would be no groundwater or wastewater impacts associated with winery operations and this request was found to be consistent with the Zoning Ordinance and applicable General Plan policies.
Action Required - Follow the proposed action listed in the Executive Summary. If conditions of approval are to be amended, specify conditions to be amended at the time the motion is made. This option has been analyzed for its environmental impacts, and the project was found to have less than significant impacts.
Option 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 visitation, employees, or on-premises consumption. 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 Original Entitlements
Disposition - This option would deny applicant’s proposal to expand winery operations and physical improvements beyond what was approved and necessary to remedy existing violations. 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. State Law requires the Commission to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit modification is not being approved.
Action Required - Commission would make a motion to deny the applicant’s proposal to expand the project.
Option 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
C. Previous Project Conditions
D. Initial Study / Negative Declaration SCH No 2025020413
E. Use Permit Application Packet and Narrative Report
F. Water Availability Analysis Report
G. City of Napa Water Service Documentation
H. Domestic & Production Wastewater Feasibility Report
I. Water System Feasibility Report
J. Preliminary Water System Technical Report
K. Winery Comparison Analysis
L. Graphics - Use Permit Modification Plans
M. Public Comments (Received after Publication of December 18, 2024, Staff Report)
N. Staff Response to Public Comment