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The County regulates the construction/operation of new wineries and the expansion of existing wineries through a use permit process. This section describes the use permit process, including the standard conditions of winery approval, CEQA, enforcement mechanisms, and challenges to implementation. This discussion includes input from three County planning staff and a land use attorney.

Standard Conditions of Approval

The use permit is based on a template with standard conditions of winery approval. Some of the standard conditions are codified in the Zoning Ordinance or another local or state law. The standard template is updated periodically to reflect current County processes, regulations, and environmental review requirements. The current version of the standard template is provided in Appendix B.

Conditions related to winery operations include: maximum annual production capacity, number of employees, and hours of operation (no limits during crush). The use permit also describes the proposed physical improvements to the project site including but not limited to: the number of parking spaces; the footprints of loading areas, crush pads, and caves; wastewater system; driveway and roadway improvements (on- and off-site); signage; lighting; landscaping; color of exterior surfaces; gates/entry structures; storm water control; and outdoor storage, screening, and utilities. In addition, the use permits incorporate CEQA mitigation measures (discussed further below), construction-related measures, and conditions required by other County departments.

The use permits include a section on visitation, which quotes the definition of “marketing of wine” from the Zoning Ordinance. There are two types of visitation: “tours and tastings” and “marketing events”. For tours and tastings, the permit identifies limits on include maximum daily and weekly visitors (e.g., 50 per day), as well as operational hours and days of the week the tasting room can be open. The subsection on marketing events lists the limits on the type of event, frequency, maximum capacity (number of persons), and time of day (typically 11:00 AM to 10:00 PM). For example, the marketing program may include: 50 events (catered food and wine pairings) of 200 persons/event per year.

Other notable conditions include:

‰ Visitation Log Book: Wineries with marketing programs must maintain a log book (or similar record) to document the number of visitors and the dates of their visits; the record shall be made available to the planning department upon request.

‰ Tours and Tastings: The start and finish times of tours and tastings must be scheduled to minimize vehicles arriving and leaving between 4:00 PM and 6:00 PM and shall be limited to the those wines set forth in the Napa County Code for AW and AP zoning districts (essentially using grapes grown for or by the winery). ‰ Marketing Events: All activity, including cleanup, shall cease by 10:00 PM. Start and finish time of activities

shall be scheduled to minimize vehicles arriving or leaving between 4:00 PM and 6:00 PM.

‰ AB 2004: The applicant shall identify the location of on-site wine consumption consistent with Assembly Bill 2004.70

‰ Grape Source: At least 75% of the grapes used to make the winery’s wine shall be grown within the

County of Napa. The permittee shall keep records of annual production documenting the source of grapes to verify that 75% of the production is from Napa County grapes. The report shall recognize the Agriculture Commission’s format for County of origin of grapes and juice used in the Winery Production Process. The report shall be provided to the Planning, Building & Environmental Services Department upon request, but shall be considered proprietary information not available to the public.

‰ Rental/Leasing: No winery facilities, or portions thereof, including, without limitation, any kitchens, barrel storage areas, or warehousing space, shall be rented, leased, or used by entities other than persons producing and/or storing wine at the on-site winery, except those specifically authorized in the use permit or pursuant to the Temporary Events Ordinance (N.C.C.Napa County Code Chapter 5.36).

‰ Parking: The applicant shall identify the location of employee and visitor parking and truck loading zone areas, along with proposed circulation and traffic control signage (if any). Parking shall be limited to approved parking spaces only and shall not occur along access or public roads or in other locations except during harvest activities and approved marketing events. In no case shall parking impede emergency vehicle access or public roads. If any event is held which will exceed the available on-site parking, the shall have prepared an event specific parking plan, which may include valet service or off-site parking with shuttle service to the winery.

‰ Traffic: Reoccurring and scheduled vehicle trips to and from the site for employees, deliveries, and visitors shall not occur during peak (4-6 PM) travel times to the maximum extent possible. All road improvements on private property shall be maintained in good working condition and in accordance with the Napa County Roads and Streets Standards.

‰ Noise: Exterior winery equipment shall be enclosed or muffled and maintained so as not to create a noise disturbance in accordance with the Napa County Code. There shall be no amplified sound system or amplified music utilized outside of approved, enclosed, winery buildings.

‰ Monitoring Costs: The permittee and/or property owner shall cover all staff costs associated with monitoring compliance with permit conditions and mitigation measures, including investigation of complaints (other than those costs related to investigation of complaints of non-compliance that are determined to be unfounded). Violations of conditions of approval or mitigation measures caused by the permittee’s contractors, employees, and/or guests are the responsibility of the permittee.

Permit Process

The typical permit process includes the following stages:

1. Submit Application. Together with a team of consultants, the applicant will prepare and submit a permit application, including project plans and proposed operational information. They will have a pre-application meeting with County staff.

2. Staff Evaluation and CEQA Process. Following submittal, the County begins to evaluate the merits of the proposal. Various county departments will provide comments on the project, such as adequate fire access. The County’s evaluation is based in part on an impact analysis and public review process, in accordance with CEQA (discussed further below). The CEQA process depends on the level of review, but generally includes

70 AB 2004 allowed licensed winegrowers to sell wine to consumers for consumption on the premises, including bottles, wine by the glass, or multiple one-ounce pours of the same product. AB 2004 also allowed consumers to take partially consumed bottles of wine upon departure.

circulating a draft document for comment and at least one public hearing.71 _{The County must provide sufficient}

notice regarding the availability of environmental review documents for review and public hearings. Applicants may also conduct neighborhood outreach independently of the County.

3. Hearings and Decision. The Planning Commission must certify the environmental document as complete and