TO: NAPA COUNTY ZONING ADMINISTRATOR
FROM: Charlene Gallina for Brian D. Bordona - Director Planning, Building and Environmental Services
REPORT BY: Wendy Atkins, Planner II
SUBJECT: Chaix Family Vineyards Micro-Winery Use Permit P23-00223-UP
RECOMMENDATION
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JOHN CHAIX / CHAIX FAMILY MICRO WINERY/ USE PERMIT #P23-00223-UP
CEQA Status: Consideration and possible adoption of a Categorical Exemption pursuant to §15303 (Class 3, New Construction or Conversion of Small Structures) of the State Guidelines and under Appendix B of Napa County’s Local Procedures for Implementing CEQA (Additional Categorically Exempt Projects in Napa County), Item No. 10 - Construction and operation of small wineries, other agricultural processing facilities and farm management uses that: (a) are less than 5,000 square feet in size excluding caves; (b) will involve either no cave excavation, or excavation sufficient to create no mor than 5,000 additional square feet within all the excavated cave spoils to be used on site; (c) will produce 30,000 gallons of wine or less per year; (d) will generate less than 40 vehicle trips per day and five (5) peak hour trips except on those days when marketing events are taking place; (e) will hold no more than 10 marketing events per year, each with no more than 30 attendees, except for one wine auction event with up to 100 persons in attendance; and, (f) hold no temporary events. The project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
Request: Approval of a Micro-Winery Use Permit would allow for the following: 1) establishment of a 5,000 gallon per year winery within an approximately 244 square foot portion of an existing 463 sq. ft. garage (building #6); 2) tours and tastings for up to 10 guests per day Monday through Sunday; 70 persons per week during harvest and non-harvest seasons; 3) one full-time employee during harvest and non-harvest seasons; 4) on-premises consumption of wines produced on-site outside within a 658 sq. ft. patio area in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB2004-Evans Bill); 5) production hours between 9:00 a.m. and 6:00 p.m. Monday through Sunday and visitation hours between 9:00 a.m. to 6:00 p.m. Monday through Sunday; 6) installation of a parking area with five (5) parking stalls, one of which will be ADA compatible; 7) installation of an eight stall bicycle rack; 8) installation of a 2,500 gallon water storage tank; and 9) expansion of an existing and installation of a new access road to meet Napa County Road and Street Standards for commercial driveways. The subject property is comprised of approximately 37.31 acres, is zoned Agricultural Preserve (AP) with a General Plan land use designation of Agricultural Resource (AR) and is located at 1204 Manley Lane, Napa near the Rutherford area; APN 027-210-026.
Staff Recommendation: Find the project Categorically Exempt from CEQA and approve Use Permit P23-00223-UP, as conditioned.
Staff Contact: Wendy Atkins, Planner II, (707) 259-8757; wendy.atkins@countyornapa.org
Applicant Contact: John Chaix, (949) 524-2482; john@chaixlaw.com
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EXECUTIVE SUMMARY
This is the second Micro-winery to be considered by Napa County and the Zoning Administrator. On April 5, 2022, the Board of Supervisors adopted Ordinance 1474, amending Section 18.10.020 of Chapter 18.10 (Zoning Administrator); Section 18.124.130 of Chapter 18.124 (Use Permits); and added a new Section 18.08.377 to Chapter 18.08 (Definitions) of Title 18 (Zoning) of the Napa County Code regarding issuance of micro-winery use permits and modifications to use permits.
As defined in Napa County Code Section 18.08.377 "Micro-winery" means a new winery or an existing micro-winery that modifies its use permit pursuant to Section 18.124.130.(F) below, both of which meet all of the requirements of the County Code applicable to a winery as well as the following specific restrictions and prohibitions: A) Ferments on-site at least 201 gallons of wine annually and has a production capacity of no more than 5,000 gallons of wine; B) At least 75 percent of the grapes used in fermentation on-site are grown on the same property as the micro-winery or contiguous parcels under the same ownership. For the purpose of this section, "the same property as the micro-winery" means any parcel or parcels identified as included within the Use Permit application; C) Has a maximum of 5,000 square feet of total enclosed space including storage, processing facilities, tasting areas, and caves; D) No more than twenty Average Daily Trips (ADT) (ten daily round trips) are generated by tasting room visitors, all winery employees including seasonal employees, and deliveries to and/or from the winery; E) No marketing events as defined in Section 18.08.370, are conducted on site; F) Tours and tastings, as defined in Section 18.08.620, and retail sales as defined in Sections 18.16.030(G)(5)(C) for wineries in the Agricultural Preserve and 18.20.030.(H).(5).(C) for the Agricultural Watershed, may be conducted on-site but are limited to between the hours of 9:00 a.m. and 6:00 p.m.; G) No subsequent application for an increase in the production of wine or tasting room visitation shall be considered within two years after the approval of the original micro-winery use permit. H) Micro-wineries shall only be permitted within the Agricultural Preserve (AP) and Agricultural Watershed (AW) zones.
Proposed Actions:
That the Zoning Administrator:
1. Find the project to be Categorically Exempt from CEQA, as set forth in recommended Finding 1 of Attachment A; and
2. Approve Use Permit P23-00223-UP based on recommended Findings 2-6 of Attachment A, subject to recommended Conditions of Approval included in Attachment B.
Discussion:
The project applicant requests approval of a use permit to allow the establishment of a new Micro-winery to allow for the establishment of a 5,000 gallon per year winery within a portion of an existing 463 sq. ft. existing garage (building # 6). The winery would have one full time employee and include a visitation plan that would allow up to 10 visitors per day Monday through Sunday, with a maximum of 70 persons per week during harvest and non-harvest seasons. Visitation would occur Monday through Sunday, between the hours of 9:00 a.m. and 6:00 p.m. within the outdoor patio area. The project would also include installation of a five-stall parking lot (including one ADA compatible stall), and expansion of an existing and installation of a new access road to meet Napa County Road and Street Standards for commercial driveways. Additional improvements would include construction of a water storage tank.
Staff has reviewed the proposed project and supports granting approval, subject to the attached findings and recommended conditions of approval included in Attachments A and B, respectively. Micro-wineries are conditionally permitted uses with the Agricultural Preserve (AP) and Agricultural Watershed (AW) zone district. The project is located within a ½ mile of five (5) existing wineries and is surrounded with residences and vineyards on all sides. The majority of the site is developed with vineyards, which would provide grapes for onsite wine production. The proposed winery would be located in a portion of an existing structure and building construction would be limited to interior conversion for the winery use. The majority of the site development, including parking, would take place within previously disturbed areas presently being utilized for the use being proposed (parking). Ground water demand for the project is 21.60 ac-ft/yr which complies with the 0.3 ac-ft/yr or no net increase criteria for projects located in the Napa Valley Subbasin. The winery and improvements as proposed are suitable for the proposed location, considering the existing development, road access, and surrounding wineries.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: ENVIRONMENTAL DETERMINATION: Article 19 of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) establishes a list of classes of projects that are categorically exempt from the provisions of CEQA. The proposed project would be considered exempt under §15303 (Class 3, New Construction or Conversion of Small Structures) of the State Guidelines and under Appendix B of Napa County’s Local Procedures for Implementing CEQA (Additional Categorically Exempt Projects in Napa County), Item No. 10 - Construction and operation of small wineries, other agricultural processing facilities and farm management uses that: (a) are less than 5,000 square feet in size excluding caves; (b) will involve either no cave excavation, or excavation sufficient to create no more than 5,000 additional square feet within all of the excavated cave spoils to be used on site; (c) will produce 30,000 gallons of wine or less per year; (d) will generate less than 40 vehicle trips per day and five (5) peak hour trips except on those days when marketing events are taking place; (e) will hold no more than 10 marketing events per year, each with no more than 30 attendees, except for one wine auction event with up to 100 persons in attendance; and 5) hold no temporary events. The project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.
BACKGROUND AND DISCUSSION
Owner: John Chaix, john@chaixlaw.com or (949) 524-2482
Applicant: John Chaix, john@chaixlaw.com or (949) 524-2482
Zoning: Agricultural Preserve (AP)
General Plan Designation: Agricultural Resource (AR)
Application Filed: July 28, 2023; Resubmittal Received: October 31, 2023; January 18, 2024; Application Deemed Complete: January 24, 2024
Courtesy Notice: A Courtesy Notice was mailed to all property owners within a 1,000 foot radius and interested parties on August 28, 2023.
Existing Development: 37.31 acre project with 33 acres of vineyards, 463 sq. ft. garage (building #6), 1,415.5 sq. ft vineyard building (building # 7), an empty unused water tower (building #8), 2,160 sq. ft. barn (building #7), 164 sq. ft. tool shed (building #10), and 300 sq. ft storage building (building #4). It should be noted that the residence recently burned down in November 2023, and will be rebuilt.
Proposed Winery Characteristics:
Proposed Winery Building Size: 244 sq. ft.; The remaining 219 sq. ft. would be used for private storage.
Proposed Winery Development Area: 175 sq. ft.
Proposed Winery Coverage Area: 175 sq. ft. or 0.00402 acres (maximum allowed: 25 percent or approximately 15 acres)
Proposed Production Capacity: 5,000 gallons
Proposed Accessory/Production Ratio: 37 percent (maximum allowed: 40 percent); 65 sq. ft. accessory and 175 sq. ft. production. Visitation activities occurring outdoors do not count towards the Accessory to Production Ratio.
Proposed Number of Employees: 1 full time, 0 part time.
Proposed Visitation: Hosted daily, tours and tastings by appointment for a maximum of 10 guests per day per day Monday through Sunday; 70 persons per week during harvest and non-harvest seasons.
Proposed Days and Hours of Operation: Production hours between 9:00 a.m. and 6:00 p.m. Monday through Sunday and visitation hours between 9:00 a.m. and 6:00 p.m. Monday through Sunday
Proposed Parking: five (5) parking stalls, one (1) ADA compatible
Setbacks:
Required road setbacks: 300 feet from the centerline of Manley Lane
Required property line setbacks: 20 feet front, 20 feet side, 20 feet rear
Existing Setbacks: The closest portion of the existing garage structure is approximately 108.5 linear feet from the centerline of Manley Lane. Rear Setback: 896 feet; Side Setback: 374 feet (west property line), 1,081 (east property line).
Proposed Setbacks: The converted barn for the winery and covered crush pad structures would be located 137 feet from the front property line. Rear and Side setbacks would not change. [See discussion below under Winery Setback for staff’s determination on compliance with the Winery Definition Ordinance provisions on the 300’ road setback]
Adjacent General Plan Designation / Zoning / Land Use:
North: Agricultural Preservation (AP) and General Plan land use designation Agricultural Resource (AR)
South: Agricultural Preservation (AP) and General Plan land use designation Agricultural Resource (AR)
East: Agricultural Preservation (AP) and General Plan land use designation Agricultural Resource (AR)
West: Agricultural Preservation (AP) and General Plan land use designation Agricultural Resource (AR)
Nearby Wineries located within one (1) mile of the project.
There are eleven existing wineries within this radius. Please refer to Attachment H
Parcel History:
The site is relatively level and contains minimal tree coverage. The property is served by three (3) on-site wells for potable water and a septic system and leach field for on-site sewage disposal. The property is accessed via Manly Lane. Planning Permit P22-00358 was a pre-application meeting for the subject permit. All other permits on the property relate to residential development.
Code Compliance History:
An active Code Enforcement case is in process (CE23-00284) on the property. The case involves a barn (building # 15) located approximately 20 feet from the front property line. The case does not involve the conversion of the garage to a winery building.
Discussion Points:
Interior and Exterior Structural Improvements - The proposed project includes the conversion of an approximately 244 sq. ft. portion of the existing 463 sq. ft. garage located on the project site. The interior remodel of the structure would include accessory and production areas and those areas not part of the winery would be reserved for private use storage areas. The winery area would also include a 61 sq. ft. restroom located inside the winery building. No exterior structural improvements are proposed.
Building Design-No external modifications are proposed to the garage building, with exception for compliance with the California Building Code for access and exiting purposes.
Road and Access Improvements - The applicant proposes road and access improvements. These improvements include improving the driveway apron on Manley Lane at the entrance to the property, driveway improvements and parking improvements, all of which would be constructed consistent with Napa County Road and Street Standards.
Visitation and Employees - Consistent with the definition of “marketing of wine” (County Code Section 18.08.370), the applicant proposes a visitation program to include tours and tastings for up to 10 visitors per day Monday through Sunday, with a maximum of 70 persons per week during harvest and non-harvest seasons. Visitation would be by appointment only and would occur between the hours of 9:00 a.m. and 6:00 p.m., Monday-Sunday. Visitation would occur within the 658 sq. ft. proposed outdoor patio area. Parking would be provided on site. The applicant has requested one employee for winery operations resulting in no more than no more than 20 Average Daily Trips (ADT) generated by tasting room visitors, winery employees and deliveries to and/or from the winery. No marketing events are allowed to be conducted on site under the provisions of the Micro-winery regulations.
Groundwater - As described in the Tier I Water Availability Analysis (WAA) for the Chaix Family Vineyards Micro-Winery, prepared by Applied Civil Engineering, dated January 12, 2024, the applicant proposes use of the existing three on-site wells for ground water. Ground water for the vineyards is supplied by two wells located within the vineyard. A third well located north of the previous existing residence will be used for the proposed winery. Per Napa County standards, the subject property is located within the Napa Valley Subbasin, so groundwater use is limited to a Reduced Water Use Screening Criteria of 0.3-acre-feet per acre per year (ac-ft/ac/yr) or no net increase.
The total parcel acreage with the Napa Valley Floor area is approximately 37.31 acres and therefore the water use screening criteria is calculated as follows:
WAA Guidance Document Water Use Screening Criteria = 37.31 acres x 1.0ac-ft/ac/yr/.
Reduced Water Use Screening Criteria: 37.31 acres x 0.3 af/ac/yr = 11.19 ac-ft/ac/yr.
Since the existing property ground water use is already above the Reduced Water Use Screening Criteria the project must comply with the no net increase criteria and the proposed water use must be the same or less than the current water use (21.60 ac-ft/yr).
The project complies with the WAA Water Use Screening Criteria of 1.0 ac-ft/yr of groundwater use but this criteria has been superseded by a new Reduced Water Use Screening Criteria. The property currently uses more than the Reduced Water Use Screening Criteria of 0.3 ac-ft/yr and therefore the proposed project must not increase water use beyond current levels. By using low flow fixtures when rebuilding the residence, the proposed project complies with the Napa County’s current requirements for no net increase in groundwater use. Tier 2 and Tier 3 Analyses are not required according to the WAA- Guidance Document and current practice since no additional use of groundwater is required for this project. Specifically, a Tier 2 is not required because there will be no net increase in groundwater use.
Public Trust (Tier 3)-Under public trust doctrine (the Doctrine), Napa County has an affirmative duty to take the public trust into account in the planning and allocation of trust resources, and to protect public trust uses whenever feasible. The Doctrine applies if extraction of groundwater adversely impacts a navigable waterway to which the public trust doctrine applies. In Napa County, the Napa River is the navigable waterway protected by the public trust doctrine. An analysis of impacts to trust resources is triggered by whether the groundwater extraction (whether new or the continued extraction or a reduction over existing extraction levels) is hydrologically connected to a navigable waterway or non-navigable tributaries of those waters. The analysis begins and ends with whether the proposed project harms a navigable waterway and thereby violates the public trust. To comply with longstanding California Supreme Court and Court of Appeal holdings, Napa County has determined that projects extracting water from wells within 1,500 feet of defined Significant Streams must submit a Tier 3 or equivalent analysis for the County to discharge its legal duties under public trust doctrine, whether the proposed project is proposing to extract more or less groundwater or remain at status quo (e.g., no net increase). The proposed project well is not located within 1,500 feet of a defined Significant Stream, therefore, a Tier 3 analysis was not required.
Sanitary Waste Disposal - A Wastewater Feasibility Report was prepared by Applied Civil Engineer (ACE) for the proposed project on July 7, 2023. A new standard septic system is proposed to be installed to serve the micro-winery facility sanitary wastewater flows. The application rate for the septic system is 0.33 gdp/sf and the acceptable soil depth is 72 inches which allows for three foot deep trenches with 4 sf. Of sidewall per lineal foot of trench. Based on the site maps ACE has determined that there is enough area to install a code minimum system with 100 lineal foot. Of leach line in the area of Test Pits #3 and #6 as shown on the Chaix Family Vineyards Micro-Winery Wastewater Exhibit prepared by ACE.
Production - No crushing or cleaning of barrels will occur onsite. The finished bottled wine will be stored off site. On site there is a capacity to store approximately 360 gallons in barrels (production) and ten cases of bottled wine, approximately 23.78 gallons. These provisions do not have any limit restrictions for storing wine for aging purposes.
Greenhouse Gas Reduction Strategies - The applicant intends to implement voluntary best management practices to reduce GHG emissions resulting from implementation of the project (Attachment E). These practices include installation of an eight-stall bicycle parking rack.
Grape Sourcing - A total of 33 tons of wine grapes would be required in order to produce 5,000 gallons of wine annually. The on-site vineyards produce an average of 150 tons of wine grapes per year, the remaining yield is sold to other wine makers. If at any point the applicant chooses to source wine grapes outside of Napa County, the quantity will not exceed 37 tons or 25 percent of the total grapes.
Noise - The proposed project would result in a temporary increase in noise levels during construction activities and the intermittent increase of ambient noise resulting from wine production and visitation. However, noise generated during by construction activities would be limited to daylight hours and the use of properly muffled vehicles. Ambient noise resulting from wine making and visitation would be intermittent and would only occur within the proposed operation hours of 9:00 a.m. to 6:00 p.m., and the nearest residence to the property is 168 linear feet from the front of the winery structure. Hospitality activities would be conducted outside the winery building in a 658 sq. ft. patio area. No outdoor amplified music is proposed as part of the project.
Winery Setback from Manley Lane - Section 18.104.230.A.2 (Wineries located in open space areas - setbacks; Minimum setback for wineries) of Napa County Code provides: "Wineries, or structures containing accessory uses allowed by Sections 18.16.060(G) and (H) and 18.20.030(I), which are located on parcels contiguous to any other public road or private road(s) used by the public: three hundred feet from the centerline of the road. Section 18.104.230.C states “Legally constructed structures, existing prior to the enactment of the Winery Definition Ordinance (January 23, 1990), may be exempted from the setback provisions of subsection A of this section if it is found that use of this exemption will result in a more environmentally beneficial placement of the winery. The winery may not encompass or expand beyond the legally established footprint of the structure as it existed on the above stated date. Any expansion of such structure beyond the footprint that legally existed on the above date shall comply with the setback provisions of subsection A of this section.
The winery structure will encompass the area of the existing garage. Using the existing structure is the more environmentally beneficial placement of the winery because it does not involve new construction. As such, the three-hundred-foot setback from the centerline of Manley Lane to the winery structure does not apply.
Public Comments - Three public comment letters have been received as of the date of publishing this staff report related to conflicts of interest and disputes in the ownership related to the project. Staff would note that the applicant, John Chaix, has submitted a declaration that he is the managing member for the Chaix Family Vineyards LLC.
Decision-making Options:
As noted in the introductory paragraphs of this report, staff recommends that the Zoning Administrator approve the project as proposed, subject to the findings and conditions of approval in Attachments A and B, respectively. However, staff has provided the following options for consideration by the Zoning Administrator:
Option 1: Approve the Project as Proposed (Staff Recommendation)
Disposition: Staff recommends the Zoning Administrator approve Option 1, to approve the project as proposed and allow for the establishment of a 5,000 gallon per year winery within an approximately 244 square foot portion of an existing 463 square foot garage. The proposed winery is consistent with the standards set forth by the AP zone district and, the provisions of the Micro-winery regulations and other provisions of the County Code.
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 be categorically exempt from CEQA.
Option 2: Modify the Applicant’s Proposal and Reduce Visitation
This Option includes approving the applicant’s proposal for the 5,000 gallon per year winery, with a reduction in the visitation requested by the applicant. As proposed, the winery would offer visitation for up to 10 persons per day Monday through Sunday; 70 persons per week during harvest and non-harvest seasons. Although this project has been determined categorically exempt from CEQA, should the Zoning Administrator determine that the intensity of the visitation plan should be reduced, the Zoning Administrator may take action to further reduce the number of daily, weekly, or yearly visitors.
Action required - Follow the proposed actions listed in the Executive Summary and amend scope and project specific conditions of approval and required conditions of approval to reduce the maximum daily visitation. If significant revisions to the conditions of approval are required, the item may be continued to allow staff adequate time to prepare the revised conditions.
Option 3: Deny the Applicant’s Proposal:
In the event that the Zoning Administrator determines that the project does not, or cannot meet the required findings for granting the Use Permit, the Zoning Administrator should identify what aspect/s of the project are in conflict with the required findings. State Law requires the Zoning Administrator to adopt findings, based on the General Plan and County Code, setting forth why the proposed Use Permit is not being approved.
Action required - Take tentative action to deny the project and remand the matter to staff for preparation of findings for denial and continue the item to a date specific for final action by the Zoning Administrator.
Option 4: Continuance Option:
The Zoning Administrator may continue an item to a future hearing date at its own discretion.
SUPPORTING DOCUMENTS
A. Recommended Findings
B. Recommended Conditions of Approval
C. Categorical Exemption Determination
D. Application Materials
E. Water Availability Analysis
F. Wastewater Feasibility Study
G. Graphics
H. Wineries within One Mile
I. Public Comments