DRAFT WATER QUALITY AND TREE PROTECTION ORDINANCE

CEQA Status: Consideration and possible adoption of Categorical Exemptions Class 7, Class 8, Class 4, Class 5 and the General Rule. It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act. [See Categorical Exemption Class 7 (“Actions by Regulatory Agencies for Protection of Natural Resources”) which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15307]; Categorical Exemption Class 8 (“Actions by Regulatory Agencies for Protection of the Environment”) which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15308]; Categorical Exemption Class 4 (“Minor Alterations to Land”) which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15304; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B]; Categorical Exemption Class 5 (“Minor Alterations in Land Use Limitations”) which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15305; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B]; and General Rule in that it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable. [See Guidelines For the Implementation of the CEQA 14 CCR 15061(b)(3)]. This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.

Request: Recommend that the Board of Supervisors adopt a County sponsored ordinance amending the Conservation Regulations (County Code Chapter 18.108) to increase protections for water quality and trees, and to implement the Napa County General Plan (2008) and the 2019-2022 Strategic Plan (adopted January 15, 2019).

Proposed Ordinance Title: An Ordinance of the Board of Supervisors of Napa County, State of California, Amending Sections 18.108.10 (Purpose), 18.108.020 (General provisions), 18.108.025 (General provisions - Intermittent/perennial streams), 18.108.027 (Sensitive domestic water supply drainages), 18.108.030 (Definitions), 18.108.040 (Exceptions), 18.108.050 (Exemptions), 18.108.060 (Slope regulations - Prohibited uses), 18.108.070 (Erosion hazard areas - Use requirements), 18.108.075 (Requirements for structural erosion control measures), 18.108.080 (Agricultural erosion control plans - Requirements and authorization to prepare - Field modifications), 18.108.090 (Requirements for vineyard replanting programs), 18.108.120 (Existing erosion control), 18.108.135 (Oversight and operations), and 18.108.140 (Security, violations, and penalties), and Related Sections and Adding a New Section 18.108.026 (General provisions - Wetlands), to Chapter 18.108 (Conservation Regulations) of Title 18 (Zoning) of the Napa County Code Regarding Water Quality and Tree Protection.

Staff Recommendation: Recommend that the Board of Supervisors find that the proposed project is exempt from CEQA and is consistent with the Napa County General Plan (2008), and adopt the proposed ordinance.

Staff Contact: David Morrison, Director, at (707) 253-4805 or david.morrison@countyofnapa.org.

CONTINUED DISCUSSION FROM THE FEBRUARY 20, 2019 COMMISSION MEETING. ITEM WAS RENOTICED ON FEBRUARY 22, 2019

THOMAS KENEFICK / KENEFICK RANCH WINERY / USE PERMIT # P16-00021

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 (or MM’s). MM’s are proposed for biological resources. 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 for a new 20,000 gallon per year winery to allow the following: a) Construct a 3,840 square foot two-story winery structure with a 900 square foot covered crush pad. The first floor would include a fermentation and storage room, tasting room, and restroom, with an office and lab on the second floor. The winery building will replace an existing agricultural storage building; b) Maximum annual permitted maximum production of 20,000 gallons; c) Hours of operation seven days a week: 7:00 AM to 5:00 PM (production hours, except during harvest) and 10:00 AM to 5:00 PM (visitation hours); d) Employment of: four employees (three full time and one part time) non harvest; e) Tours and tastings by appointment only for 12 visitors per day; weekly maximum of 84 visitors; f) Annual marketing plan – 10 events (maximum of 30 guests per event) and one event (maximum of 50 persons), catered food may be served at events; g) Construction of six parking spaces; h) Connect the winery to the existing septic system; i) Utilize an existing well; j) Improvement of the existing on site driveway (widening to 20 feet) to meet County Road and Street Standards; and k) Installation of one 20,000 gallon water storage tank. The project is located within the Agricultural Watershed (AW) and Agricultural Preserve (AP) zoning district on an approximately 44-acre site at the end of Pickett Road in Calistoga. 2200 Pickett Road, Calistoga, CA. APN: 020-340-007.

Staff Recommendation: Adopt the proposed Mitigated Negative Declaration and approve the Use Permit as conditioned.

Staff Contact: Emily Hedge, Planner III; phone 707-259-8226; Emily.Hedge@countyofnapa.org

Applicant Contact: Thomas Kenefick, 2200 Pickett Road, Calistoga, CA 94515; phone 707-952-6159; or email tom@kenefickranch.com

Representative Contact: Lester Hardy; P.O. Box 667 St. Helena, CA 94574; phone 707-967-9610; or email lester@lfhardy.com

CONTINUED FROM THE FEBRUARY 20, 2019 COMMISSION MEETING.

DARMS LANE, LLC & 5XB VINEYARDS, LLC C/O LARRY J. BUMP / DARMS LANE WINEREY / USE PERMIT #P16-00017 & VIEWSHED #P18-00152

CEQA Status: Consideration and possible adoption of a Mitigated Negative Declaration. According to the proposed Mitigated Negative Declaration, the proposed project would have potentially significant effects on Transportation/Traffic unless mitigation measures are adopted. The project site is not on any of the lists of hazardous waste sites enumerated under Government Code Section 65962.5.

Request: Approval of a Use Permit for a new 30,000 gallon per year winery to allow the following: (a) construction of a 5,583 sq. ft. two-story production building, with a 1,922 sq. ft. outdoor covered work area; (b) construction of a 3,303 sq. ft. two-story hospitality/administrative building, including a commercial kitchen, with a 1,173 sq. ft. covered porch; (c) construction of 11,743 sq. ft. of winery cave area; (d) installation of three water storage tanks totaling 135,000 gallons for domestic water, irrigation, and fire suppression; (e) on-site parking for 12 vehicles; (f) up to eight full and/or part-time employees; (g) hours of operation seven days a week: production 6:00 AM to 6:00 PM (non-harvest) and visitation 10:00 AM to 6:00 PM; (h) tours and tastings by appointment only for a maximum of 24 visitors per day, 150 maximum per week; (i) a marketing program, which may include catered events, to host two events per month for up to 12 guests at each event; two events per month with up to 24 guests at each event; four events per year with up to 75 guests at each event; and, two events per year with up to 125 guests at each event (1,414 guests per year); (j) on-premise consumption of wines produced on site in the tasting room and outdoor hospitality areas, in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5; (k) on-site domestic and process wastewater treatment systems; and, (j) driveway, entry gate and landscape improvements. The request also includes a viewshed application to address construction of the winery buildings on slopes of 15% or greater. The winery is proposed on a 46.94 acre property, approximately 427 feet north of the terminus of Darms Lane within the Agricultural Preserve (AP) zoning district. Access is provided across a 2.32 acre property located at the terminus of Darms Lane, adjacent to the winery property. APN’s: 034-190-034 (driveway) & 034-190-035 (winery), 1150 Darms Lane, Napa.

Staff Recommendation: Adopt the Mitigated Negative Declaration & Mitigation, Monitoring and Reporting Program (MMRP) and approve the Viewshed application and Use Permit, as conditioned.

Staff Contact: Sean Trippi, Principal Planner, (707) 299-1353 or sean.trippi@countyofnapa.org

Applicant: Patricia Bump Davis; (707) 224-4200 or tricia@darmslanewine.com

Applicant Representative: Donna Oldford, Plans4Wine; (707) 963-5832 or dboldford@aol.com