Meeting Supporting Documents

Zoning Administration 1/27/2021 Regular Meeting

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Tamagni Second Dwelling Unit / Theodore & Judith Tamagni / Certificate of the Extent of a Legal Nonconformity #P20-00195-CLN

CEQA Status: General Rule. 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 California Environmental Quality Act, 14 CCR 15061(b)(3).

Request: Approval of a Certificate of the Extent of a Legal Nonconformity to recognize an existing 800 sq. ft. second dwelling unit with an attached 144 covered porch and carport located within the (AP) Agricultural Preserve Zoning District where one would not be permissible today. The project is located on a 21.91 acre property on the south side of Silverado Trail, approximately 1/2 mile west of Dutch Henry Canyon Road within the Agricultural Preserve (AP) zoning district and with a general plan designation of Agricultural Resource (AR) and Agriculture Watershed & Open Space (AWOS). 4397 Silverado Trail, Napa. APN: 020-370-038.

Staff Recommendation: Find that the project is not subject to CEQA and issue a Certificate of Legal Nonconformity.

Staff Contact: Suzanne Gambill, (707) 299-1334, or

Applicant Contact: Theodore & Judith Tamagni, (707) 494-4324, or

Supporting Documents
A Findings ( Adobe PDF - 951 kb )
B Certificate ( Adobe PDF - 361 kb )
C Application ( Adobe PDF - 924 kb )
D Graphics ( Adobe PDF - 10438 kb )
E Item 2A Public Comment (Added after initial agenda posting) ( Adobe PDF - 403 kb )



CEQA Status: Consideration and possible adoption of an addendum to a previously adopted Mitigated Negative Declaration (MND) in accordance with CEQA Guidelines Section 15162. Pursuant to CEQA Guidelines 15164, an addendum to an adopted MND may be prepared if only minor technical changes or additions are necessary or if none of the conditions contained in Section 15162 calling for preparation of a Subsequent Mitigated Negative Declaration have occurred. According to the previously-adopted MND (2016), the then-proposed winery would have, without the inclusion of mitigation measures, potentially significant impacts in the area of Biological Resources. Adopted mitigation measures, which required pre-construction biological surveys for the Northern Spotted Owl, have not been implemented because no development has occurred onsite to date. Analysis of the current modification proposal identified no new or substantially more severe significant impacts relative to the original project analyzed in the prior MND. 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 Minor Modification (P19-00273 and P20-00153) to the approved winery (Use Permit P14-00402-UP and Viewshed Permit P16-00111-VIEW) to allow for the following: 1) an increase in annual production from 12,000 gallons per year to 20,000 gallons per year; 2) a visitation program allowing up to eleven (11) guests per day (appointment only) and 77 guests per week, to occur between the hours of 10:00 a.m. and 6:00 p.m. Monday through Sunday; 3) a marketing program allowing for ten (10) events per year with up to 30 guests per event and one (1) event per year with up to 100 guests per event; 4) catering for events; 5) relocation and reduction in size of the cut and cover cave from 7,150 square feet to 4,603 square feet; 6) construction of two buildings including a 2,943 square foot tasting and administration building and a 1,811 square foot fermentation building; 7) a 753 square foot covered area including a dock, mechanical area and trash area; 8) a reduction in water storage from 60,000 gallons to 31,500 gallons; and 9) two (2) additional parking stalls. The project is located on 12.14 acres on the west side of St. Helena Highway North/State Hwy 29 addressed as 3283 St. Helena Highway North within the AW (Agricultural Watershed) zoning district and Agriculture, Watershed, and Open Space Resources (AWOS) General Plan land use designation. APN: 022-080-028.

Staff Recommendation: Adopt the Addendum to the Sodhani Mitigated Negative Declaration and approve the Use Permit and Viewshed Permit modifications, as conditioned.

Staff Contact: Melanie Jackson, Planner III, (707) 259-8194 or

Applicant Contact: Beth Painter, 10 Canopy Lane, Napa, CA 94558, (707) 337-3385 or

Supporting Documents
A Recommended Findings ( Adobe PDF - 236 kb )
B Recommended Conditions of Approval and Agency Approval Memo's ( Adobe PDF - 375 kb )
C MND Addendum ( Adobe PDF - 5203 kb )
D Use Permit Application Packet ( Adobe PDF - 1523 kb )
E Viewshed Permit Application Packet ( Adobe PDF - 385 kb )
F Water Availability Analysis ( Adobe PDF - 7255 kb )
G Wastewater Feasibility Study ( Adobe PDF - 11131 kb )
H Stormwater Control Plan ( Adobe PDF - 278 kb )
I Owl Study ( Adobe PDF - 4567 kb )
J Graphics ( Adobe PDF - 8380 kb )
K WInery Comparison Analysis ( Adobe PDF - 141 kb )
L P14-00402 and P18-00183 Permit Approval Doc (Added after initial agenda posting) ( Adobe PDF - 1278 kb )
M Item 2B Public Comments (Added after initial agenda posting) ( Adobe PDF - 121 kb )
N Item 2B Additional Public Comments (Added after meeting) ( Adobe PDF - 642 kb )