Meeting Supporting Documents

Planning Commission 3/23/2016 Special Meeting

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CEQA Status: Consideration and possible adoption of a Categorical Exemption Class 1: 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 Class 1 (“Existing Facilities”) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301; see also Napa County’s Local Procedures for Implementing the California Environmental Quality Act, Appendix B.]

Consideration and possible adoption of a Categorical Exemption. Class 2:  It has been determined project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 (“Replacement or Reconstruction”) which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15302.

Request: The Applicant requests:  

(1) Approval of a Use Permit Modification P12-00221-UP to stagger project implementation occurring in two phases. In Phase One, the applicant requests (a) a decrease in production to 110,000 gallons, (b) demolition of 6,695 square feet from existing Buildings B2, B6, B7, and B8, (c) remodeling of Buildings B3 and B5, (d) installation of fire suppression sprinkler systems within the existing Building B5 and associated outdoor water storage tanks within an already developed area; (e) remodeling of the existing Building B3 to reduce its size, and remodeling of the interior of the existing Building B5; (f) removal of concrete and structures within the creek setback and restoration of the creek bank; (g) improvement of an existing access road, relocation of interior vehicle access roads, and relocation of parking; (h) on-premises consumption of wine for customers in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB 2004 -Evans Bill also known as the Picnic Bill) in the areas located on the patio area located between Building B5 and the proposed greenhouse, the grass areas located direction east and west of the greenhouse, and the garden located outside the tasting/sales area on the west side of Building B5 as specified in the application; and (i) food and wine pairing.

In Phase Two, the Applicant proposes (a) to increase production by 550,000 gallons for a total of 660,000 gallons of wine per year, (b) demolition of Building B9, (c) to construct an 8,205 square foot agricultural greenhouse, and (d) to upgrade to the existing Lyve equipment process wastewater system.  No increase in the existing number of employees, number of parking spaces, number of visitors, or marketing events is requested. The proposed Use Permit Modification would result in a reduction in environmental impacts through the reduction in wine production and the demolition of certain structures and overall reduction in the size of the facility. 

(2)  Adoption of an ordinance approving a Development Agreement between the Applicant and the County whereby the Applicant agrees to terms that would address the impacts of the project which could not have been otherwise required under applicable law.

The project is located on a 69.5 acre parcel at 8700 Conn Creek Road, approximately at the intersection with Rutherford Road/State Route 128, within the Agricultural Preserve zoning district, designated Assessor's Parcel Number: 030-200-066.

Staff Recommendation: Recommend the Board of Supervisors find the project Categorically Exempt from CEQA, and approve the Use Permit Major Modification as conditioned and the Development Agreement as proposed.

Staff Contact: Kelli Cahill, Planner III, (707) 265-2325 or

Applicant Contact: Michael Carlson. Vice President and General Counsel, Wagner Family Wines, (707) 967-3000 x262
Owner Representative: Katherine Philippakis, Farella, Braun and Martel, LLP; 899 Adams Street, Suite G, St. Helena CA 94574; (707) 967-4000

Supporting Documents
A Attachment A - Exhibit A - Findings ( Adobe PDF - 174 kb )
B Attachment B - Exhibit B - Conditions of Approval ( Adobe PDF - 195 kb )
C Attachment C - Winery Comparison Analysis ( Adobe PDF - 219 kb )
D Attachment D - Agency Comments ( Adobe PDF - 7095 kb )
E Attachment E - Previous Project Conditions ( Adobe PDF - 3300 kb )
F Attachment F - CEQA Memo ( Adobe PDF - 402 kb )
G Attachment G - Public Comments ( Adobe PDF - 401 kb )
H Attachment H - Use Permit Application Packet ( Adobe PDF - 11488 kb )
I Attachment I - Water Availability Analysis ( Adobe PDF - 2170 kb )
J Attachment J - Wastewater Feasbility Study ( Adobe PDF - 2143 kb )
K Attachment K - Traffic Study ( Adobe PDF - 6919 kb )
L Attachment L - Focused Traffic Study ( Adobe PDF - 939 kb )
M Attachment M - Development Agreement ( Adobe PDF - 237 kb )
N Attachment N - Development Agreement General Plan Consistency Analysis ( Adobe PDF - 352 kb )
O Attachment O - Latham & Watkins, LLC Response Letter ( Adobe PDF - 315 kb )
P Attachment P - Graphics ( Adobe PDF - 28331 kb )
Q Correspondence received after packet mail out (Added after meeting) ( Adobe PDF - 5524 kb )



CEQA Status:
Feasibility and planning studies for possible future actions are Statutorily Exempt under 14 California Code of Regulations 15262 (State CEQA Guidelines) and CEQA is not applicable. These recommendations, in and of themselves, do not have a potential for resulting in a direct, physical change in the environment or a reasonably foreseeable indirect physical change, and therefore are not considered to be a project under 14 California Code of Regulations 15378 (State CEQA Guidelines). 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: In their meeting of March 2, 2016, the Planning Commission requested a review of the agricultural protection measures as directed by the Board of Supervisors. 

Staff Recommendation: Ask any clarifying questions, take public comment, discuss the Board of Supervisors direction, and provide direction to staff regarding any implementations as they relate to the work of the Commission.  

Staff Contact: David Morrison, Director; (707) 253-4805;

Supporting Documents
A Attachment A - Comparison of Agricultural Protection Measures ( Microsoft Word Document - 34 kb )