Boutz Cellars Winery / Minor Use Permit; N-DRC2023-00029 ED24-055

2024060066

San Luis Obispo County

NOE - Notice of Exemption

6/4/2024

6/4/2024

Jessica Macrae

County of San Luis Obispo

Planner

Lead/Public Agency

976 Osos Street, Room 300
San Luis Obispo, CA 93408

(805) 788-2714

jmacrae@co.slo.ca.us

026-281-069

Other

Section 15061 (b)(3)

This project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this project may have a significant effect on the environment; therefore, the activity is not subject to CEQA. [Reference: State CEQA Guidelines sec. 15061(b)(3), General Rule Exemption]. The proposed project is a request for the construction of a small winery production facility that will include a tasting room. The indoor tasting areas total 1,512 square feet (771 square feet for wine tasting, 741 square feet for spirit tasting) and the project is not proposing to participate in any winery special events. The applicant has requested to participate in industry-wide events only as allowed per the ordinance. Site improvements will include removing the existing residential approach and relocating it approximately 30 feet to the south. The new location of the access approach and driveway extension will serve both the existing residence and the proposed winery facility and will be engineered to comply with Cal Fire and Public Works Standards. Additionally, a new parking lot, concrete and decomposed granite patios and walkways, landscaping, domestic septic system, and process wastewater system are proposed. The project will result in approximately 1.71 acres (74,567 square feet) of site disturbance including 4,625 cubic yards of cut and 4,437 cubic yards of fill on the 77-acre parcel. The proposed winery facility will be situated in the upper north end of the parcel, east of the existing residence, set back 392’ from Adelaida Road, 966’ from the eastern property line, 255’ from the northern property line, and 1,078’ from the southern property line. The facility and exterior use areas are in a section of the parcel that backs up directly to an existing oak woodland, is located on slopes of less than 30%, which will establish greater setbacks and minimize disturbance and visual impacts. The facility was designed to comply with all setbacks including the minimum of 200 feet from any existing residences outside the ownership of the applicant. No modifications to ordinance standards are requested nor required for this project. The project would not alter existing transportation facilities or result in the generation of substantial additional trips or vehicle miles traveled. A Roadway Safety Audit (RSA) determined that the project is expected to generate a total of three (3) production related peak hour trips, and one (1) general peak hour trips. Public Works reviewed the proposed project and did not identify any significant traffic impacts. Neither Public Works or the RSA concluded recommended roadway improvements because the existing road network is constructed to handle the additional trips. Potential impacts related to emergency access would be less than significant because the new commercial driveway will be built to Cal Fire standards. Operational emissions would not substantially increase and implementation of standard LUO standards for dust control and compliance with existing regulations that prohibit excessive idling by diesel vehicles would reduce potential construction related emissions. Due to the existing condition of the project site and the scope of the project it is unlikely that any archaeological resources are present on the project site. The applicant has provided a Phase I archeological survey which concluded the presence of archeological resources is not expected. In the unlikely event resources are uncovered during grading activities, implementation of LUO Section 22.10.040 (Archaeological Resources) would be required. The project will be in compliance with the LUO and would ensure potential impacts to cultural resources would be reduced to less than significant. LUO Section 22.10.040 standards for archeological resources discovery during construction activities are sufficient to mitigate potential impacts to cultural resources, in the event of a discovery. No significant cultural resource impacts are expected to occur. Based on the proposed project location and with implementation of LUO Section 22.10.040 impacts to archaeological resources would be less than significant, however to further ensure that archaeological resources remain insignificant, a condition of approval has been added to ensure that workers go through proper environmental awareness training and are made aware of what to do if resources are uncovered. A Biological Resources Assessment (BRA) was completed for this project in June 2023 and provided a series of avoidance and minimization measures to reduce any anticipated impacts to special status plans and wildlife. The report concluded that no special status species were directly observed in the project area but there is potential for five (5) special status wildlife species to be present on site. Implementation of the recommended measures will avoid and reduce potential impacts to sensitive resources to a less than significant level, therefore no impacts to the environment are expected to occur with this project. The project would be consistent with existing policies and standards in the County LUO and COSE related to the protection of scenic resources. The proposed winery facility will have partial visibility from Adelaida Road, specifically when approaching from the south. However, the existing residence, existing and proposed landscaping, and vineyards will provide some screening to protect scenic resources. The existing topography, including the presence of native oak woodlands and a hillside backdrop, will further eliminate silhouetting and soften the appearance of the facility from public view. The visual qualities of Adelaida Road within the vicinity of the project site are representative of the rural, agricultural character of the area in which agricultural support structures and wineries are becoming more common. The winery facility will have no impact on any designated scenic highway. No significant impacts to visual resources would occur and no mitigation measures beyond ordinance requirements are necessary. The project site is located in an area where all public services and utilities including but not limited to Fire protection, water, and sewer are available to serve the project site. There is one (1) existing well on the site which will supply the estimated required 0.63 – 1.41 acre feet of water per year. This accounts for water demands of the production facility, employees, tasting room and visitors, and landscaping. The aforementioned range in water demand does not account for an onsite water reduction for removal of 0.39 acres of vines, which accounts for 0.39 – 0.49 acre feet per year (AFY). Considering the reduction, the overall net annual water use will be in the range of 0.2 - 0.9 AFY. The proposed project site is not subject to the County’s water off-set ordinances. The winery’s proposed maximum annual production of 10,000 cases, which will qualify for a small winery discharge waiver through Regional Water Quality Control Board (RWQCB). The wastewater will be treated, and land applied under provisions of the RWQCB winery wastewater waiver. Therefore, there would be no impact relating to implementation of a water quality control plan or sustainable groundwater management plan. The applicant is required to comply with the California Fire Code, California Building Code, the Public Resources Code, and any other applicable fire laws. No mitigation measures beyond those required by County ordinances are necessary to address the environmental impacts associated with the proposed project. Therefore, it can be seen with certainty that there is no possibility that the proposed project may have a significant effect on the environment.