Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707)

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1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA (707) PLANNING COMMISSION STAFF REPORT MARCH 3, 2016 AGENDA ITEM # 7.B. File No CRANE FAMILY VINEYARDS I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Expanded home occupation to authorize a tasting room on a 6.65 acre residential property 1051 Borrette Lane APN SFR-40, Single-Family Residential RS-40, Single-Family Residential; :HS, Hillside Overlay APPLICANT: PROPERTY OWNER: Thomas Chiarella 1051 Borrette Lane Napa, CA Peter Chiarella 154 Silverado Springs Drive Napa, CA Phone: (707) Phone: (707) STAFF PLANNER: Karlo Felix, Associate Planner Phone: (707) LOCATION MAP 1

2 Crane Family Vineyards # II. PROJECT DESCRIPTION The Applicant requests approval of an expanded winery home occupation to allow private wine tasting by appointment between the hours of 10:00 AM and 5:00 PM within an existing 624 square foot barn. Customer traffic is proposed to be limited to five vehicles per day with a maximum of 20 customers. No changes to the existing six acre vineyard are proposed. Required project approvals include: (1) a Use Permit to authorize an expanded home occupation to allow for exceptions to the winery home occupation standards for a tasting room. III. PROJECT CONTEXT The project site is located at the northern terminus of Borrette Lane. The 6.65 acre property is on a hillside and the majority of the property is terraced and planted with a vineyard. The site is currently developed with a single-family dwelling and a barn. Surrounding uses include single-family residential to the east and south and large lots within the City s greenbelt to the west and north. FIGURE 1 SITE PLAN Tasting room within existing barn IV. ANALYSIS A. General Plan The property is located within the SFR-40, Single-Family Residential General Plan Designation, which allows for detached single-family homes at a density of zero to two 2

3 Crane Family Vineyards # units per acre. The existing single-family residence is consistent with the density range of this Designation. Land Use Element Policy LU-4.5 encourages projects to be compatible with the surrounding neighborhood. The proposed tasting room is a use that is accessory and subordinate to the existing residential and agricultural use of the property and is compatible with the estate residential character of the neighborhood consistent with this policy. B. Zoning The property is located within the RS-40, Single-Family Residential Zoning District, which allows for detached single-family homes and agricultural cultivation as an accessory use. The existing single-family residence and accessory agricultural cultivation use are consistent with this District. Subsections B and E of the Zoning Ordinance establish standards for home occupations and winery home occupations, respectively. Subsection C of the Zoning Ordinance requires a Use Permit for an expanded home occupation to authorized exceptions to the established standards. These are further discussed in Subsection IV.C of this Report. FIGURE 2 FLOOR PLAN 3

4 Crane Family Vineyards # FIGURE 3 DRIVEWAY AND MONUMENT SIGN FIGURE 4 BARN/GREENHOUSE AND WALL SIGN C. Expanded Home Occupations Subsections B and E of the Zoning Ordinance establish standards for home occupations and winery home occupations. The standards are intended to ensure compatibility with the residential character of the neighborhood, plus ensure that home occupations are clearly accessory in relation to the primary residential use. Staff has identified the following modifications to base home occupation standards and winery home occupation standards. Staff s analysis follows each modification. 1. Size The use is confined to an area not more than 200 square feet or 25% of the principal dwelling and attached garage, whichever is larger, and not more than 200 4

5 Crane Family Vineyards # square feet total in any detached accessory building(s). A garage may be used for storage or workspace only when sufficient parking spaces remain available to meet current residential parking standards. The proposed winery will be located within an existing 642 square foot detached accessory structure that includes a tasting room, a storage room, a restroom, a greenhouse, and a covered patio (see Figure 4 above). The tasting room will be limited to a 256 square foot area of the structure. The detached accessory was originally approved as a barn/greenhouse to support the vineyard (File No ). The accessory structure is not used as parking for the dwelling and its use as a winery will not impact parking for the dwelling. Given the small size of the structure relative to the property, Staff believes that the size of the proposed use is appropriate. 2. Indoors The use, including any storage, is conducted entirely indoors. The proposed tasting room will be located within an existing 642 square foot detached accessory structure. A condition of approval has been included in the draft resolution (see Attachment 1) that prohibits the storage of tasting room related inventory and materials outdoors. 3. Residents Only The use is carried on only by the resident members of the household occupying the dwelling, with no other person employed. The tastings will only be conducted by the property owner who is a resident on the property. A condition of approval has been included in the draft resolution that requires that the employees who conduct tastings be residents of the property. 4. Traffic The use does not generate customer or client traffic, delivery by commercial vehicles other than pickup trucks or panel delivery trucks, or clients coming to the residence. The tasting room is proposed to be open to the public on an appointment-only basis between the hours of 10:00 AM and 5:00 PM. The Applicant has offered to limit customer traffic to five vehicles per day with not more than 20 persons visiting per day. This limitation is included as a condition of approval in the draft resolution. Staff initially had concerns regarding potential impacts to neighbors on weekends; however, other home occupation uses that allow for customer traffic (e.g. music lessons, dance lessons, swim lessons, dressmaking, firearm sales) do not have limitations on operations during the weekend. Furthermore the limited vehicular traffic and the use s location on a large property may not necessitate the need to limit days of operation. 5. Impacts The use creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the single-family parcel, or outside the dwelling unit if the home occupation is in other than a single-family dwelling. 5

6 Crane Family Vineyards # Operation of the tasting room will take place entirely indoors and is not anticipated to create noise, odor, glare, dust, vibrations, fumes, or smoke that would be discernible outside of the barn. 6. Advertising The business shall not list the residential address in any advertising, telephone listing or printed material. The business shall produce no evidence of its existence except for a post office box, a telephone listing, and signs limited to four square feet affixed to a vehicle authorized by these regulations. The address of the tasting room will be listed publicly. Two signs are currently located that identify the business. No exceptions to standards for signs affixed to a vehicle are proposed with this application. A monument sign is located on the west side of the driveway on the southern end of the property. The sign is suspended from wood posts and is approximately 8 square feet in size. The logo is 20-inches in height with copy 3.5-inches in height. A condition of approval has been included in the draft resolution that prohibits signage identifying the availability of tastings. A wall sign is located on the south side of the barn above the greenhouse. The sign is approximately 15 square feet in size with copy six-inches in height. The sign is not visible from the right-of-way. 7. Vehicle The use is allowed to keep up to one commercial vehicle on the premises as long as the commercial vehicle is parked inside the garage at all times when at home. The Applicant has not identified any commercial vehicles associated with this use and no exceptions to the standards for commercial vehicles are proposed with this application. 8. Deliveries Merchandise produced on the premises may be delivered to customers or clients. No exceptions to the standards for deliveries are proposed with this application. 9. Production Production of wine for retail/wholesale use is limited to a maximum eight barrels or 480 gallons per year. The six-acre vineyard supports on-site production between one and four barrels of wine each year. No exceptions to the standards for wine production are proposed with this application. 10. Sales No on-premises retail sales are permitted. The tasting room is proposed to offer wines for on-site purchases. The Applicant also produces wine from fruit grown at an off-site vineyard and produced at an offsite facility. A condition of approval has been included in the draft resolution that 6

7 Crane Family Vineyards # limits sales to wine produced on the property. Wines produced by the resident from fruit grown at an off-site vineyard or produced at an off-site facility may only be sold on-site in conjunction with wine produced on the property and must be under a label owned by the resident. V. REQUIRED FINDINGS The Planning Commission s decision regarding this project is subject to the required findings established in NMC Section , Use Permit; NMC Section , Home Occupations. These findings are provided in the draft resolution attached to this Staff report. VI. ENVIRONMENTAL REVIEW Staff has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section and of the CEQA Guidelines (Categorical Exemptions; Class 1 and Class 11), which exempts the negligible expansion of an existing use and on-premise signs. VII. PUBLIC NOTICE Notice of the public hearing was provided by US Postal Service on February 17, 2016 to all property owners within a 500-foot radius of the subject property. Notice of the public hearing was also published in the Napa Valley Register on February 19, 2016 and provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication. Legal notice included a general explanation of the matter to be considered and any related permits, identification of the location of the property involved where site specific, a description of the date, time and place of the public hearing, the identity of the hearing body, and a statement consistent with the Code of Civil Procedure regarding the time limit to commence any legal challenge and matters that may be raised by such challenge. VIII. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve a Use Permit based on a determination that the application is consistent with the City s General Plan and Zoning Ordinance. IX. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for modifications and allow the Applicant an opportunity to prepare a revised project. 2. Direct Staff to return to the Planning Commission with a resolution documenting findings from the record of the hearing to support denial of the proposed project. 7

8 Crane Family Vineyards # X. REQUIRED ACTIONS Final actions by the Planning Commission: Make the findings set forth in the attached draft resolution and adopt: 1. A resolution approving a Use Permit to authorize an expanded winery home occupation for a tasting room at 1051 Borrette Lane. XI. DOCUMENTS ATTACHED 1. Draft resolution 2. Project description, plans, photographs of signs 3. Correspondence C: Applicant 8

9 ATTACHMENT 1 RESOLUTION NO. PC2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, APPROVING A USE PERMIT TO AUTHORIZE AN EXPANDED WINERY HOME OCCUPATION FOR A TASTING ROOM AT 1051 BORRETTE LANE (APN ) (PL ) WHEREAS, Thomas Chiarella submitted an application for a Use Permit to authorize an expanded winery home occupation for a tasting room at 1051 Borrette Lane (APN ) (PL ); and WHEREAS, the Planning Commission of the City of Napa, State of California, held a noticed public hearing on March 3, 2016 on the subject application. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Napa as follows: Section 1. The Planning Commission hereby determines that this project is exempt from the requirements of CEQA pursuant to Section and Section of the CEQA Guidelines (Categorical Exemptions; Class 1 and Class 11), which exempts the negligible expansion of an existing use and on-premise signs. Section 2. The Planning Commission hereby approves the Use Permit and makes the following findings in support of the approval: A. The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the Zoning Ordinance, and the purposes of the district and overlay district in which the site is located. Land Use Element Policy LU-4.5 encourages projects to be compatible with the surrounding neighborhood. The proposed tasting room is use that is accessory and subordinate to the existing single-family residential use and is compatible with estate residential character of the neighborhood consistent with this policy. The proposed use is also consistent with the objectives of the Zoning Ordinance to minimize conflicts that might result from incompatible and inappropriate land uses and to enhance the desirable character of the City. B. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. Resolution No. PC2016- Page 1 of 5 9

10 ATTACHMENT 1 The 624 square foot detached accessory structure where the tasting room will be located has been previously used as a part of property owner s hobby winery. A 256 square foot room will be converted within the structure to be used as a tasting room. The accessory structure is not utilized as required parking for the dwelling and sufficient parking is available on-site to accommodate customers. Hours of operation, customer traffic, and retail sales have been conditioned to ensure that the tasting room operates as an ancillary and subordinate use to the residence. As conditioned, the tasting room will not cause negative impacts to the neighborhood nor result in impacts that would be detrimental to the public health, safety, or welfare. C. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. Expanded winery home occupations may be established by a Use Permit. With Planning Commission approval of a Use Permit, the proposed use will be in compliance with the provisions of Section of the Zoning Ordinance. Section 3. The Planning Commission approval of the Use Permit is subject to the following conditions: Community Development Department Planning Division 1. This approval authorizes a winery home occupation with a tasting room within 642 square foot detached accessory structure at Borrette Lane (APN ). The facility shall be operated as follows: a. The use shall take place entirely indoors. The storage of tasting room related inventory and materials outdoors is prohibited b. Employees of the tasting room are limited to residents of the property. c. The tasting room shall only be opened to the public on an appointment-only basis between the hours of 10:00 AM and 5:00 PM. The maximum number of vehicles visiting during those hours shall not exceed five and the maximum number of customers visiting during those hours shall not exceed 20 persons. d. No exterior signage, other than the two signs identified in the Planning Commission Staff Report dated March 3, 2016, are permitted. The signs shall be limited to identification of the winery and shall not identify the availability of tastings. Consistent with the City s Sign Ordinance, no portable (e.g. A-frames) signs are permitted. e. On-premise sales are limited to wine produced on the property. Wines produced by the resident from fruit grown at an off-site vineyard or produced at an off-site Resolution No. PC2016- Page 2 of 5 10

11 ATTACHMENT 1 facility may: (1) only be sold on-site in conjunction with wine produced on the property; and (2) shall be under a label owned by the resident. f. No other exceptions to Section of the Zoning Ordinance are authorized. 2. The Planning Manager is authorized to determine whether the Applicant is in compliance with the requirements of the Use Permit. 3. Should the Planning Manager determine that the business causes a nuisance, this application shall be reviewed for consideration of new conditions of approval, modified conditions of approval, or if necessary, revocation of the permit consistent with Section of the Zoning Ordinance. 4. Modifications to the facility, including but not limited to, hours of operation, residency of employees, or number of customers, require approval of the Community Development Department prior to the initiation of those modifications. Napa County Environmental Health Division 5. Prior to approval of a building permit, an inspection of the existing sewage disposal system must be performed by a licensed water contractor and a report submitted to this Division for review and approval. City General Conditions 6. The plans submitted for improvement plan review and Building Permit review shall include a written analysis specifying how each of the conditions of approval have been addressed or incorporated into either the improvement plan set or building plan set. 7. Unless otherwise specifically provided, each condition of this approval shall be satisfied prior to issuance of a Building Permit, or if a Building Permit is not required, prior to the commencement of use; however, in the event the subject approval is for a tentative subdivision map or parcel map, each condition shall be satisfied prior to final map approval. Applicant s (and landowner s, if different) execution of the City s improvement agreement with required security may be accepted in lieu of condition completion. 8. No use authorized by this permit may commence until after the Applicant executes any required permit agreement. 9. Applicant shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment (in accordance with the City s Master Fee Schedule; see individual departments regarding the timing of fee payment requirements). 10. Applicant shall design and construct all improvements and facilities shown on any approved tentative map, site plan, or other documents submitted for permit Resolution No. PC2016- Page 3 of 5 11

12 ATTACHMENT 1 approval, and with the plans and specifications submitted to and approved by City, to comply with the General Plan, any applicable Specific Plan, the Napa Municipal Code (NMC), City ordinances and resolutions, the "Standard Specifications" of the Public Works and Fire Departments, as well as any approved tentative map, site plan or other documents submitted for permit approval and with the plans and specifications submitted to and approved by City. 11. The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section of the Code of Civil Procedure, unless a shorter limitations period is specified by any other provision. Under Section , any lawsuit or legal challenge to any quasiadjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. 12. To the full extent permitted by law, the Applicant shall indemnify, defend, release and hold City, its agents, officers, and employees from and against any claims, suits, liabilities, actions, damages, penalties or causes of action by any person, including Applicant, for any injury (including death) or damage to person or property or to set aside, attack, void or annul any actions of City, its agents, officers and employees, from any cause whatsoever in whole or in part arising out of or in connection with (1) the processing, conditioning or approval of the subject property; (2) any failure to comply with all applicable laws and regulations; or (3) the design, installation or operation of project improvements and regardless whether the actions or omissions are alleged to be caused by City or Applicant so long as City promptly notifies Applicant of any such claim, etc., and the City cooperates in the defense of same. 13. If the Applicant is not the owner of the subject property, all agreements required to be executed by the City must be executed by the Owner(s) as well as the Applicant. 14. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions (and mitigations) constitute written notice of the statement of the amount of such fees and a description of the dedications, reservations, and other exactions. You are hereby notified that the 90-day period in which you may protest those fees, the amount of which has been identified herein, dedications, reservations and other exactions have begun. If you fail to file a protest complying with all the requirements of Section 66020, you will be legally barred from later challenging such exaction. 15. Violation of any term, condition, mitigation measure or project description relating to this approval is unlawful, prohibited and a violation of the Napa Municipal Code and can result in revocation or modification of this approval and/or the institution of civil and/or criminal enforcement and/or abatement proceedings. Resolution No. PC2016- Page 4 of 5 12

13 ATTACHMENT Project approval would not have been granted but for the applicability and validity of each and every one of the specified mitigations and conditions, and if any one or more of such conditions and mitigations is found to be invalid by a court of law, this project approval would not have been granted without requiring other valid conditions and/or mitigations consistent with achieving the purpose and intent of such approval. 17. Approval of this permit will become effective, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of March 3, I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Napa at a regular meeting of said Planning Commission held on the 3 rd day of March 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION Resolution No. PC2016- Page 5 of 5 13

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