TO: Board of Supervisors
FROM: Sheryl Bratton, County Counsel
REPORT BY: McKayla McMahon, Deputy County Counsel
SUBJECT: Bonny’s Vineyard Winery Appeal - Findings of Fact
RECOMMENDATION
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Adopt a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Appellant Water Audit California concerning the Napa County Planning Commission’s decision on December 18, 2024, to approve Bonny’s Vineyard New Winery Use Permit Application No. P22-00002-UP and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. (No Fiscal Impact)
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BACKGROUND
At the appeal hearing on May 6, 2025, the Board heard and considered evidence submitted from the Applicant, Appellant, Staff, and members of the public regarding the appeal. After considering all of the evidence presented, the Board closed the public hearing and adopted a motion of intent to: 1) deny the appeal in its entirety; 2) adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project; 3) uphold the Planning Commission’s approval of the Bonny’s Vineyard New Winery Use Permit Application No. P22-00002-UP; and 4) approve the project subject to the revised Conditions of Approval (COA). The Board revised the COA to include (1) destruction of a fourth well on the property, unless it is confirmed to be already destroyed; (2) require winery access to occur from Skellenger Lane and prohibit use of the private road south to Oakville Cross Road, the secondary access easement; and (3) require a flow regulation device for all three wells to limit pumping time and pumping capacity to existing uses.
The Board directed staff to return on June 24, 2025, with a Resolution of Findings of Fact and Decision on Appeal. Staff prepared a proposed Resolution that reflects the Board’s intent as expressed on May 6, 2025. The Resolution of Findings of Fact and Decision on Appeal was shared with Applicant and Appellant’s counsel in advance of today’s meeting for the purpose of confirming the resolution accurately reflects the Board’s intent of its tentative decision. Applicant’s counsel concurs with the proposed resolution and COA. Appellant submitted extensive comments far exceeding this limited scope of review, however some clarifications were made to COA Nos. 6.15 (Other Conditions Applicable to the Project Permitting Process) and 7.4 (Construction Mitigation Measures) to explicitly state the California Department of Fish and Wildlife as the responsible agency for Mitigation Measure BR-1, BR-2, and BR-3. The Appellant’s letter is attached for informational purposes. The public hearing is closed. Staff believes the Resolution accurately reflects the Board’s intent and recommends that the Board adopt the Resolution. The Board’s action results in approval of the Bonny’s Vineyard Winery project.
Requested Action: Consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Appellant Water Audit California concerning the Napa County Planning Commission’s decision on December 18, 2024, to approve the Bonny’s Vineyard New Winery Use Permit Application No. P22-00002-UP and adopt the Mitigated Negative Declaration and MMRP.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and possible adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 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. The project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.