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Mountain Peak in court
Mountain Peak in court
Bill Hocker | Feb 27, 2019 on: Mountain Peak Winery
Update 2/27/19
Following a hearing at the Napa Superior Court on Feb 1, 2019 Petitioners (Soda Canyon residents) requested the inclusion to their suit's administrative record of some documents not included prior to the final Planning Commission hearing. And they requested that the events of the 2017 fire, which happened after the Appeal hearing, be allowed into the administrative record as significant new evidence concerning the appropriateness of the Mountain Peak winery in its remote location. The Judge ruled that the additional documents could not be included in the administrative record, but also ruled that the evidence of the 2017 fire be remanded to the Board of Supervisors for their reconsideration. Prior to that, attorneys for both sides are required to establish the scope of that evidence. Until that reconsideration takes place, the hearing on the main case (Writ of Mandate), previously scheduled for Mar 7 2019, will be postponed.
The Court's ruling is here
Update 1/24/19
After a false start, the Court hearing dates have been rescheduled as follows:
Day 1 will be a hearing on the Motion to Augment the Administrative Record on Fri., Feb. 1, 2019 at 8:30am at Napa County Historic Courthouse, Dept. C, 825 Brown St, Napa, (Your chance to see the restoration in operation!)
Day 2 will be devoted to the principal Petition for Writ of Mandate against the county on Thurs., Mar. 7, 2019 at 8:30pm at Napa County Historic Courthouse, Dept. C
SCR Mountain Peak Page
Update 12/27/18
NV2050 blog post on the hearing
NV2050 Email Newsletter for the holidays
11/16/18
The lawsuit filed by Soda Canyon residents against the County for its abuse of discretion in approving the Mountain Peak Winery is set for a hearing on Jan 11, 2019 starting at 8:30am in Dept. I of the Napa County Courthouse. A schedule has been established for the submission of documents and the Soda Canyon Group, Petitioner in the lawsuit, has already submitted their opening briefs.
The lawsuit asks that the County conduct a full Environmental Impact Report on the project, as required under California law, rather than relying on the staff's negative declaration of less-than-significant environmental impacts when the Board of Supervisors approved the project. The project is for a 100,000 gal/yr winery with 33,000 sf of caves, 15,000 visitors/yr, 19 employees/day, 100+ vehicle trips/day all 6 miles up a winding dead end road.
The documents are here:
Why is the Mountain Peak case important to the entire county?
The lawsuit comes at an interesting and important time for the County's future. After the contentious Measure C vote, the fires that reemphasized the dangers of building in remote locations, the conflict that is not abating between residents and the wine industry over the intrusion of "event centers" into their rural neighborhoods, and the new emphasis in reducing vehicle miles traveled in development projects, the Board of Supervisors have begun to look at the potential impacts of "remote" winery projects with a more critical eye. (The issue of Remote Wineries was an important aspect of opposition to Mountain Peak.)
The NVR articles on the two recent BOS meetings held earlier this fall are here:
The remote winery discussion, now expanding into a discussion over the "compatibility" of a winery with its location, is outlined in this recent report by Planning Director Morrison to the Board. Supervisors Dillon and Wagenknecht both had significant comments on the issue. In one meeting, Supervisor Dillon used Mountain Peak as an example of problems with the winery approval process. The effort to define winery compatibility may go on for several months with numerous hearings. (Archived here on sodacanyonroad.org.)
The contentiousness of winery proposals before the planning commission and the Board of Supervisors has shown no signs of letting up. In a sign that attitudes may be changing at the County, two winery projects have recently been denied by the Planning Commission - more than have been denied in the previous decade at least. Both were opposed by the communities in which they are located:
And there are projects still in the pipeline already receiving pushback from residents:
In addition to the consideration of a winery compatibility ordinance, and following the divided concerns in the county over Measure C, the County Board of Supervisors, has called for a new process to seek consensus on the future of the county. It will continue an effort already begun but interrupted last year, to chart long term development goals and strategies through the development of a Napa Strategic Plan. (Archived here on sodacanyonroad.org)
Since 2010 in the County as a whole, over 140 new wineries and winery expansions have been approved adding over 5 million gallons of winemaking capacity, more than 1.8 million visitor slots, more than 1 million sf of building area, hundreds of new employees, and perhaps 100's of thousands of vehicle trips on Napa's roads each year, all approved under negative declarations, as Mountain Peak was, indicating that such increases will cause less-than-significant environmental impacts to life in Napa County. Many residents, stuck in traffic or losing a favorite wooded hillside or favorite local shop, or unable to find an affordable place to live, know that the impacts of tourism expansion are NOT less-than-significant. Winery development is the leading edge of that expansion and the case for a more thorough assessment of the environmental impacts of this type of project is needed more than ever.
The Mountain Peak project is at the forefront of this type of commercial development in an incompatible location, and the legal proceedings will serve as a bellwether (for better or worse) for future winery development in Napa's remote and rural areas. We must continue the fight and sincerely hope you will join this effort by attending the hearing and by donating to Protect Rural Napa
Update 2/27/19
Following a hearing at the Napa Superior Court on Feb 1, 2019 Petitioners (Soda Canyon residents) requested the inclusion to their suit's administrative record of some documents not included prior to the final Planning Commission hearing. And they requested that the events of the 2017 fire, which happened after the Appeal hearing, be allowed into the administrative record as significant new evidence concerning the appropriateness of the Mountain Peak winery in its remote location. The Judge ruled that the additional documents could not be included in the administrative record, but also ruled that the evidence of the 2017 fire be remanded to the Board of Supervisors for their reconsideration. Prior to that, attorneys for both sides are required to establish the scope of that evidence. Until that reconsideration takes place, the hearing on the main case (Writ of Mandate), previously scheduled for Mar 7 2019, will be postponed.
The Court's ruling is here
Update 1/24/19
Day 1 will be a hearing on the Motion to Augment the Administrative Record on Fri., Feb. 1, 2019 at 8:30am at Napa County Historic Courthouse, Dept. C, 825 Brown St, Napa, (Your chance to see the restoration in operation!)
Day 2 will be devoted to the principal Petition for Writ of Mandate against the county on Thurs., Mar. 7, 2019 at 8:30pm at Napa County Historic Courthouse, Dept. C
SCR Mountain Peak Page
Update 12/27/18
NV2050 blog post on the hearing
NV2050 Email Newsletter for the holidays
11/16/18
The lawsuit filed by Soda Canyon residents against the County for its abuse of discretion in approving the Mountain Peak Winery is set for a hearing on Jan 11, 2019 starting at 8:30am in Dept. I of the Napa County Courthouse. A schedule has been established for the submission of documents and the Soda Canyon Group, Petitioner in the lawsuit, has already submitted their opening briefs.
The lawsuit asks that the County conduct a full Environmental Impact Report on the project, as required under California law, rather than relying on the staff's negative declaration of less-than-significant environmental impacts when the Board of Supervisors approved the project. The project is for a 100,000 gal/yr winery with 33,000 sf of caves, 15,000 visitors/yr, 19 employees/day, 100+ vehicle trips/day all 6 miles up a winding dead end road.
The documents are here:
- Petition for Writ of Mandate
Superior Court: Stipulation and Order Re Briefing and Hearing Date
Petitioner's Opening Brief
Petitioner's Motion to Augment Administrative Record
The Administrative Record (AR) - 17,500 pages of it
Why is the Mountain Peak case important to the entire county?
The lawsuit comes at an interesting and important time for the County's future. After the contentious Measure C vote, the fires that reemphasized the dangers of building in remote locations, the conflict that is not abating between residents and the wine industry over the intrusion of "event centers" into their rural neighborhoods, and the new emphasis in reducing vehicle miles traveled in development projects, the Board of Supervisors have begun to look at the potential impacts of "remote" winery projects with a more critical eye. (The issue of Remote Wineries was an important aspect of opposition to Mountain Peak.)
The NVR articles on the two recent BOS meetings held earlier this fall are here:
- Napa County scrutinizing surge of wineries off the beaten track
Napa County continues remote winery discussion
The remote winery discussion, now expanding into a discussion over the "compatibility" of a winery with its location, is outlined in this recent report by Planning Director Morrison to the Board. Supervisors Dillon and Wagenknecht both had significant comments on the issue. In one meeting, Supervisor Dillon used Mountain Peak as an example of problems with the winery approval process. The effort to define winery compatibility may go on for several months with numerous hearings. (Archived here on sodacanyonroad.org.)
The contentiousness of winery proposals before the planning commission and the Board of Supervisors has shown no signs of letting up. In a sign that attitudes may be changing at the County, two winery projects have recently been denied by the Planning Commission - more than have been denied in the previous decade at least. Both were opposed by the communities in which they are located:
- Caldwell winery dispute appears headed to Napa Board of Supervisors
Proposed Napa winery withdraws appeal to supervisors at last second
And there are projects still in the pipeline already receiving pushback from residents:
- Napa County needs more time on controversial Anthem Winery requests
Proposed Mondavi family winery generates controversy in Angwin
In addition to the consideration of a winery compatibility ordinance, and following the divided concerns in the county over Measure C, the County Board of Supervisors, has called for a new process to seek consensus on the future of the county. It will continue an effort already begun but interrupted last year, to chart long term development goals and strategies through the development of a Napa Strategic Plan. (Archived here on sodacanyonroad.org)
Since 2010 in the County as a whole, over 140 new wineries and winery expansions have been approved adding over 5 million gallons of winemaking capacity, more than 1.8 million visitor slots, more than 1 million sf of building area, hundreds of new employees, and perhaps 100's of thousands of vehicle trips on Napa's roads each year, all approved under negative declarations, as Mountain Peak was, indicating that such increases will cause less-than-significant environmental impacts to life in Napa County. Many residents, stuck in traffic or losing a favorite wooded hillside or favorite local shop, or unable to find an affordable place to live, know that the impacts of tourism expansion are NOT less-than-significant. Winery development is the leading edge of that expansion and the case for a more thorough assessment of the environmental impacts of this type of project is needed more than ever.
The Mountain Peak project is at the forefront of this type of commercial development in an incompatible location, and the legal proceedings will serve as a bellwether (for better or worse) for future winery development in Napa's remote and rural areas. We must continue the fight and sincerely hope you will join this effort by attending the hearing and by donating to Protect Rural Napa