2020 ACCESSORY DWELLING UNIT ORDINANCE / COUNTY OF NAPA / P17-00097-ORD

CEQA Status: Pursuant to Public Resources Code section 21080.17, the adoption of this ordinance implementing Government Code section 65852.2 is exempt from the California Environmental Quality Act. The adoption of the ordinance implementing Government Code Section 65852.22 for junior accessory dwelling units is exempt under CEQA Guidelines Section 15061(b)(3), the common sense exemption, in that the County already permits junior accessory dwelling units and the proposed amendments merely modify the interior design of those units, which do not have the potential for causing a significant effect on the environment; and is also categorically exempt under CEQA Guidelines Section 15303, conversion of small structures, in that it permits only one junior accessory dwelling unit on any parcel, which must include an existing bedroom within an existing single family home with only minor exterior alterations to allow access and limited utility service.

Request: County-sponsored Zoning Ordinance amendment to update the accessory dwelling unit and junior accessory dwelling unit provisions of the Napa County Code, bringing them into conformance with recent changes in state law. The State Legislature adopted various Accessory Dwelling Unit bills, which broadly change state ADU laws and amend Government Code Section 65852.2. The amendments to the County Code are intended to conform to these changes.

Title of Ordinance: AN ORDINANCE OF THE NAPA COUNTY BOARD OF SUPERVISORS, STATE OF CALIFORNIA, AMENDING SECTIONS 18.08.332 (JUNIOR ACCESSORY DWELLING UNIT), 18.08.550 (SECOND UNIT), 18.08.551 (SECOND UNIT, INTERIOR), 18.104.180 (JUNIOR ACCESSORY DWELLING UNIT AND SECOND UNIT, AND 18.110.030 (NUMBER OF PARKING SPACES REQUIRED), AS THEY RELATE TO SECOND UNITS AND JUNIOR ACCESSORY DWELLING UNITS; AMENDING THE CODE TO ALLOW JUNIOR ACCESSORY DWELLING UNITS IN THE AP ZONING DISTRICT; AMENDING SECTIONS 18.28.030 18.32.030, AND 18.34.030 (USES PERMITTED UPON GRANT OF A USE PERMIT) RELATING TO COMMERCIAL ACCESSORY DWELLING UNITS; AND AMENDING SECTION 13.15.010 (MINOR IMPROVEMENT) RELATING TO JUNIOR ACCESSORY DWELLING UNITS.

Staff Recommendation: Recommend that the Board of Supervisors find that the proposed project is exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17, and adopt the proposed ordinance.

Staff Contact: John McDowell, (707) 299-1354 or john.mcdowell@countyofnapa.org

ALSACE COMPANY, LTD / SCARLETT WINERY / USE PERMIT #P16-00428-UP

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 the following area(s): Transportation. 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 30,000 gallon per year winery to allow the following: a) construction of a winery building consisting of two detached structures (a two story 4,514 sf hospitality/administration building and a one story 18,022 sf production building) separated between the east outdoor terrace area and a landscaped area; b) construction of a 4,725 sf covered outdoor crush pad - crush will occur inside the winery production building; c) tours and tastings by appointment only with a maximum of 15 visitors per day and a weekly maximum of 80 visitors; d) a marketing program of two (2) food and wine pairing lunch event per month with a maximum of 10 persons; one (1) wine club release event per year with a maximum of 100 guests; one (1) large event per year with a maximum of 125 guests; and one (1) wine club release event per year for groups of up to 200 guests with up 10 event staff. Events to be held between 10 am and 6 pm or 6 pm to 10 pm. Larger events (100, 125, and 200 guests) to be held on weekends only. Portable toilets to be utilized during any event hosting greater than 75 guests. Shuttle service used for events over 100 guests; e) six (6) full-time, two (2) part-time employees and two (2) employees during harvest for vineyard activities only; f) a commercial kitchen for some food preparation and use as a caterers’ staging area for some of the marketing events; g) on-premises consumption of wines produced on-site within the east and west outdoor terraced areas, outdoor picnic area and hospitality building designated tasting areas in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5 (AB2004-Evans Bill); h) winery hours of operation daily 6 am – 6 pm (Non-harvest production hours) and daily visitation hours of operation daily 10 am –6 pm; i) construction of seven (7) visitor and five (5) employee parking spaces both with a handicapped space and one area for a high occupancy vehicle for a total of 13 spaces; j) installation of a wastewater system; k) installation of a regulated transient non-community water system; l) installation of two (2) 20,000-gallon domestic water storage tank and one (1) 100,000-gallon fire water storage tank; m) installation of an entry gate and winery sign; and n) all project spoils to be disposed on-site. The project is located on an approximately 47.88 acre site at 1052 Ponti Road, which intersects with Skellenger Lane just west of Silverado Trail, within the Agricultural Preserve (AP) & Agricultural Watershed (AW) Zoning Districts, St. Helena, CA; APN: 030-280-010.

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

Staff Contact: Charlene Gallina, Supervising Planner, (707) 299-1355; charlene.gallina@countyofnapa.org

Applicant: Sherrett Reicher, Alsace Company LTD; (925) 314-0193; mcooper@scarlettwines.com

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

CONTINUED FROM THE OCTOBER 16, 2019 AND DECEMBER 4, 2019 COMMISSION MEETINGS.

RAPP RANCH ESTATE, LLC / SHADYBROOK ESTATE WINERY / MAJOR MODIFICATION P18-00450-MOD

CEQA Status: Consideration and possible adoption of a Negative Declaration. According to the proposed Negative Declaration, the proposed project would not have any potentially significant environmental impacts. 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 Major Modification for an existing 30,000-gallon per year winery to allow the following: A. COMPONENTS NECESSARY TO REMEDY EXISTING VIOLATIONS: 1) recognition of the demolition of a previously existing agricultural barn which was replaced with four new steel buildings approximately 12,000 sf (square feet) in size and recognition of the conversion of one of the steel buildings of approximately 3,001 sf into winery production space for barrel storage; 2) recognition of the winery’s new access and outdoor visitation/marketing event patio which includes a barbecue/fire pit/bocce ball court area and outdoor event garden area; 3) recognition of existing nine full-time employees and two part-time employees (two full-time and one part-time employees currently authorized); 4) recognition of the reconfigured parking area including 26 parking spaces (nine spaces currently authorized); and 5) recognition of the winery’s existing amplified sound system or amplified music utilized outside of approved, enclosed winery buildings within the existing outdoor visitation/marketing event patio and event garden area (currently prohibited). B. EXPANSION BEYOND EXISTING ENTITLEMENTS: 1) increase annual wine production from 30,000 to 70,000 gallons per year; 2) increase daily visitation from 21 per day with a maximum of 147 per week to 50 per day with a maximum of 350 per week; 3) amend the existing marketing program from eight catered food and wine events per year with a maximum of 30 persons and one Wine Auction event per year with a maximum of 30 people to six events per year with a maximum of 30 persons, six events per year with 50 visitors and six events per year with 100 visitors. Events with 50 visitors or less will be catered using the winery’s existing commercial kitchen; larger events will be catered off site; 4) minor improvements to the existing parking area and outdoor patio and garden area; and 5) allow on premise consumption of wines produced on-site within the outdoor visitation area and hospitality building designated tasting areas in accordance with Business and Professions Code Sections 23358, 23390 and 23396.5. There are no proposed changes to winery’s hours of operation which occur seven days per week from 9 am to 5 pm or to the Marketing Events which occur seven days a week from 11 am to 10 pm. The project is located on an approximately 11.37 acre parcel accessed via Rapp Lane, which is a gated private road located on the north end of Second Avenue at the intersection with Chateau Lane within the AW (Agricultural Watershed) zoning district; 100 Rapp Lane, Napa, CA 94558; APN 052-170-019.

Staff Contact: Charlene Gallina, Supervising Planner, phone 707-299-1355 or email Charlene.Gallina@countyofnapa.org

Applicant: Rapp Ranch Estates, LLC, David & Sue Alkosser; (714) 206-7856; 100 Rapp Lane, Napa CA 94558; dalkosser@gmailcom

Applicant’s Representative: David B. Gilbreth; Attorney; 1152 Hardman; Napa, CA 94558; (707) 337-6412; dbgilbreth@gmail.com

CONTINUED FROM THE DECEMBER 4, 2019 COMMISSION MEETING.

RAPP RANCH ESTATES, LLC / RAPP EQUESTRIAN CENTER / USE PERMIT P18-00197-UP

CEQA STATUS: Consideration and possible adoption of Categorical Exemptions Class 1, Class 3 and Class 4. 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 Section 15301, Class 1 Minor Alterations to Existing Facilities, Section 15303, Class 3 New Construction or Conversion of Small Structures and Section 15304, Class 4 Minor Alterations to Land, which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR §15301, §15303, and §15304] This project is not on any lists of hazardous waste sites enumerated under Government Code Section 65962.5.

REQUEST: Approval of a Use Permit to recognize and remedy existing building code violations associated with a commercial horse boarding, riding, and lessons facility with existing employees and horse related events as follows: A. COMPONENTS NECESSARY TO REMEDY EXISTING VIOLATIONS: 1) Recognition of the use of an existing English-style barn with an indoor arena, stalls with outdoor paddocks, five outdoor paddocks, and an outdoor arena with lighting; 2) Recognition of the use of an existing Western-style barn and 12 outdoor paddocks; 3) Recognition of a maximum of 60 horses on the property at any one time; 4) Recognition of a daily visitation of 50 guests per day with a maximum of 350 per week; 5) Recognition of events including horse shows and equestrian training sessions consisting of six events per year with 30 guests maximum; six events per year with 50 guests maximum; and six events per year with 100 guests maximum; 6) Recognition of seven full-time and two part-time existing employees; 7) Recognition of daily (Monday-Sunday) hours of operation from 8:00 am to 8:00 pm for guests. Stable hands (two-three employees) to arrive at 6:30 am for feeding and stall cleaning before guests arrive; 8) Recognition and reconfiguration of the existing nine parking spaces; and 9) Recognition and installation of Equestrian Center/Shadybrook Winery signage. B. EXPANSION BEYOND OPERATIONS: 1) Construction of an ADA compliant office/tack room and bathroom. The project is located on an approximately 11.97 acre site accessed via Rapp Lane, which is a gated private road located on the north end of Second Avenue at the intersection with Chateau Lane within the AW (Agricultural Watershed) zoning district; 100 Rapp Lane, Napa, CA 94558; APN 052-170-018.

Staff Contact: Charlene Gallina, Supervising Planner, phone 707-299-1355 or email Charlene.Gallina@countyofnapa.org

Applicant: Rapp Ranch Estates, LLC, David & Sue Alkosser; (714) 206-7856; 100 Rapp Lane, Napa CA 94558; dalkosser@gmailcom

Applicant’s Representative: David B. Gilbreth; Attorney; 1152 Hardman; Napa, CA 94558; (707) 337-6412; dbgilbreth@gmail.com

CONTINUED FROM THE DECEMBER 4, 2019 COMMISSION MEETING.