Agendas & Minutes

Planning Commission 6/17/2015 Regular Meeting

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9A

MARKHAM VINEYARDS-DAVID W. FLANARY- USE PERMIT MAJOR MODIFICATION NO. P14-00100-MOD

CEQA Status:
Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the project would not have any potentially significant environmental impacts. The project site is not on any of the lists of hazardous waste sites enumerated under Government Code Section 65962.5.

Request: Approval to modify previous project approvals (Use Permit #U-157879, Use Permit #U-28889, Use Permit #U-89-33, and Use Permit #96075-MOD) for an existing Winery to allow the following: 1) Increase production from 300,000 gallons per year up to 429,000 gallons per year; and (project description update) request for on premise consumption of wines produced on site within the outdoor patio consistent with Business and Professions Code §§23356, 23390, and 23396.5 (also known as AB 2004 (Evans 2008 or the Picnic Bill) [Updated based upon applicant request]. No expansion or increase in floor area, visitation, number of employees, parking spaces, or marketing is proposed. The project is located on an 9.97 acre site at 2812 St. Helena Highway, St. Helena, approximately 300 feet north of its intersection with Deer Park Road, within the Agriculture Preserve (AP) zoning district, designated Assessor’s Parcel Number: 022-200-008.

Staff Recommendation: Adopt the Negative Declaration and approve the Use Permit Major Modification, as conditioned.

Staff Contact: Shaveta Sharma, (707) 299-1358 or shaveta.sharma@countyofnapa.org

Applicant Contact: Jeff Redding, 2423 Renfrew Street, Napa, CA 94558; (707) 255-7375

CONTINUED FROM THE MAY 20, 2015 AND JUNE 3, 2015 REGULAR MEETING.

Supporting Documents
A Exhibit A- Findings ( Microsoft Word Document - 25 kb )
B Exhibit B- Conditions of Approval ( Microsoft Word Document - 34 kb )
C Revised CEQA document ( Adobe PDF - 281 kb )
D Correspondence ( Adobe PDF - 1410 kb )
E Wastewater Feasibility study ( Adobe PDF - 7174 kb )
F Water Availability Analysis ( Adobe PDF - 602 kb )
G Historical Visitors data ( Adobe PDF - 218 kb )
H Previous Staff Report ( Adobe PDF - 4065 kb )
I Correspondence received after packet mail out (Added after meeting) ( Adobe PDF - 3768 kb )

9B

REVERIE ON DIAMOND MOUNTAIN WINERY / REVERIE ON DIAMOND MOUNTAIN, LLC.  - USE PERMIT MAJOR MODIFICATION NO. P13-00027 and USE PERMIT EXCEPTION TO THE CONSERVATION REGULATIONS NO. P15-00141

CEQA Status:
Consideration and possible adoption of a Negative Declaration. According to the proposed negative declaration, the project would not have any potentially significant environmental impacts. The project site is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.

Request: Request for approval of a modification to Use Permit #94254-UP, a Use Permit Exception to the Conservation Regulations (P15-00141) and an Exception to the Napa County Roads & Street Standards to allow the following: A) Recognize and authorize an increase the approved production capacity from 5,000 to 9,200 gallons per year; B) Recognize and authorize the 1,460 sq.ft. (Second Floor) of the winery building allocated to accessory use; C) Recognize and authorize the use of the 4,710 +/-sq.ft. cave for wine production, case storage and wine barrel storage and once fire sprinklers are installed use of the cave for tours , tastings and some events (Cave spoils were kept on the property and used to improve the vineyard roads); D) Recognize and authorize an increase in the approved “by appointment visitation” of 20 persons per day with an average of 20 per week to a maximum of 40 persons per day with an average of 200 persons per week; E) Recognize and authorize expansion of the existing marketing plan from the following: 1) tours and tastings for wine trade personnel at 10 persons per year with 5 to 10 (average 6) persons per event; 2) private promotional dinners at 4 per year with 6 to 18 (average 12) persons per event; and 3) wine auction related events such as barrel tastings and auctions at 2 per year with an average attendance of 25 persons to allow 1) 4 events per year with up to 60 persons; 2) 2 events per year with up to 40 persons; 3) 12 events per year with up to 10 guests; and 4) participation in the wine auction; F) Recognize and authorize an increase in the approved number of employees from 2 employees plus 1 temporary employee during harvest to a maximum of 5 employees; G) Recognize and authorize on-premise consumption of the wines produced on-site, consistent with Business and Professions Code §§23356, 23390, and 23396.5 (also known as AB 2004 (Evans 2008 or the Picnic Bill) within the winery building and improved lawn areas, and under the mature redwood grove; H) Recognize and authorize catered food pairings; I) Abandonment of an existing septic system and the installation of a new code compliant domestic and winery waste system. Both hold and haul and rapid aerobic treatment with storage are proposed; J) Installation of a new well; K) Installation of a new automatic storm water diversion value and a temporary crush pad cover; and L) Installation of a new ADA compliant parking space.

The proposal also includes a Use Permit Exception (#P15-00141) to the Conservation Regulations with regards to retention of the following 1) the portal for the existing wine cave encroaches into the 45 ft. creek setback for the small tributary creek on the property; and 2) the minor landscaping improvements along a portion of Teale Creek that are within the required setback of that creek. The proposal also includes an Exception to the Napa County Road & Street Standards (RSS) to allow for a reduction in the required 20 foot roadway width to preserve unique features of the natural environment. 

The project is located on a 39.83 acre parcel approximately 1,000 feet west of Diamond Mountain Road and approximately 4,000 feet from its intersection with State Highway 29/128, within the AW (Agricultural Watershed) Zoning District; 1530 Diamond Mountain Road, Calistoga, CA, APN: 020-440-005.

Staff Recommendation: Adopt the Negative Declaration and approve the Use Permit Modification, Use Permit Conservation Regulation Exception, and Road & Street Standard Exception request as modified and conditioned.

Staff Contact: John McDowell, (707) 299-1354, john.mcdowell@countyofnapa.org, or Charlene Gallina, (707) 299-1355,  charlene.gallina@countyofnapa.org

Applicant Contact: Scott Greenwood-Meinert, (707) 252-7122, or ScottGM@dpf-law.com

CONTINUED FROM THE JUNE 3, 2015 REGULAR MEETING.  

Supporting Documents
A Exh. A - Revised Findings ( Adobe PDF - 45 kb )
B Exh. B - Draft Conditions of Approval ( Adobe PDF - 433 kb )
C Applicant Proposal - Restoration Plan & Other ( Adobe PDF - 4856 kb )
D Public Comments ( Adobe PDF - 1357 kb )
E Public Comments Received - June 3, 2015 ( Adobe PDF - 2580 kb )
F Previous Staff Report - June 3, 2015 ( Adobe PDF - 1272 kb )
G Correspondence Received After Packet Mailout (Added after meeting) ( Adobe PDF - 11122 kb )

10A

PROPOSED METHOD FOR EVALUATING FUTURE WINERY VISITATION PROPOSALS

CEQA Status: Procedures by definition do not change the law, but provide for its implementation. Therefore the proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and CEQA is not applicable. Also, 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 pursuant to the General Rule contained in the Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3).
 

Request:  Continued study session discussion and possible action item to review staff proposed guidelines for evaluating the levels of visitation and marketing events for winery use permit proposals.  The Planning Commission has previously requested that staff provide a framework that would allow a more informed and detailed discussion of comparing applications for winery visitation.
 

Staff Recommendation: Take public comment on and provide direction regarding the preparation of draft guidelines that would do the following:      

  •  Create a baseline for total annual visitation (including both tasting room and marketing events), based on the median of all post-WDO wineries that are within ten percent of the application's proposed production
  •  Establish a list of modifying factors that the Commission may use in their discretion to adjust the visitation baseline, taking into account any unique locational and/or operational characteristics of the application.  

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

CONTINUED DISCUSSION FROM THE MAY 15, 2015 REGULAR MEETING.