TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: Chris Apallas, Deputy County Counsel
SUBJECT: Adoption of an Ordinance amending Section 18.10.020 to Remove the Micro-Winery Sunset Date
RECOMMENDATION
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Adopt an Ordinance amending Section 18.10.020 of Chapter 18.10 (Zoning Administrator) of the Napa County Code regarding issuance of Micro-Winery Use Permits. (No Fiscal Impact)
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BACKGROUND
On April 5, 2022, the Board of Supervisors (BOS) adopted the Micro-Winery Ordinance (MWO) which was set to sunset on May 5, 2025, unless otherwise extended by the BOS.
The sunset clause in Section 2.A.5, which states: “No application for a new micro-winery use permit or modification of an existing micro-winery use permit, whether minor or major, shall be considered three years after May 5, 2022 (the effective date of this Ordinance), unless the provisions in this code pertaining to micro-wineries are extended, re-adopted, or amended by the Board of Supervisors.”
On March 11, 2025, the Board received a status report presentation from staff on the MWO and requested Board direction. The Board voted to extend the ordinance in perpetuity and directed staff to return to the Board at a future date with a recommended ordinance update after working with stakeholders and the Planning Commission to introduce amendments that are under the jurisdiction of the County and aimed at improving the overall ordinance.
The proposed ordinance to remove the sunset date was properly noticed and introduced at the Board of Supervisors’ May 6, 2025 regular meeting. The Board, by unanimous vote, indicated its intent to adopt the ordinance which shall be retroactive to May 5, 2025.
Staff requests the Board adopt the proposed ordinance to amend Section 18.10.020 as set forth in the attachment.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
On March 11, 2025, the Board voted to extend the ordinance in perpetuity and directed staff to return to the Board at a future date with a recommended ordinance update after working with stakeholders and the Planning Commission to introduce amendments that are under the jurisdiction of the County and aimed at improving the overall ordinance. Today’s action is to adopt an ordinance which will remove the sunset date from Section 18.10.020. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
The Micro-winery Ordinance will sunset effective May 5, 2025, and the County will no longer accept micro-winery applications. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Pursuant to the California Code of Regulations, Title 14, Division 6, Chapter 3 (Guidelines for Implementation of the California Environmental Quality Act) and Napa County’s Local Procedures for Implementing the California Environmental Quality Act, the adoption of this ordinance is exempt from the California Environmental Quality Act. The adoption of the ordinance is exempt under State CEQA Guidelines Section 15300.4, which allows local jurisdictions to establish their own procedures and exemptions, consistent with CEQA; Section 15303, regarding the new construction and conversion of small structures; Section 15304, regarding minor alterations to land; and Section 15305, regarding minor alterations in land use limitations; and Classes 3, 4, and 5 in Appendix B of the Local Procedures.