Navigating winery construction regulations

Wines & Vines, April, 2003 by Tina Caputo

Anyone considering building or expanding a winery in these times is in for a major challenge. In addition to the flailing economy and the flooded wine market, potential builders must contend with a seemingly endless list of county regulations and often, fierce resistance from the neighbors. This is especially true for well-traveled wine regions like Napa and Sonoma, which already have hundreds of wineries crowding the valleys and hillsides.

But don't let that stop you. Building or expanding the winery of your dreams doesn't have to be a nightmare--if you go about it in the right way.

Regulation Frustration

According to senior project manager Ann H. Poppen of Rudolph and Sletten, Inc., a California contracting company which recently completed projects for Beringer, Sterling Vineyards and Beaulieu Vineyard, a number of winery construction trends have emerged in recent years. "Based on construction and expansion funds being tight many companies are upgrading existing spaces. We're also seeing more seismic upgrades and restoration of historic facilities."

Deirdre Booth, marketing manager for Summit Engineering, Inc., a Santa Rosa firm whose recent work includes projects for Ravenswood, Cuvaison Carneros and Rudd Estate, says she has noticed similar trends in winery renovations and expansions, as well as a decline in new wineries being built. "With the (industry's) current financial pressures, many companies are choosing to purchase an existing facility and renovate it to their needs," Booth says.

But perhaps the most prevalent--and challenging--trend in winery construction is a steady increase in building regulations.

"Regulations with respect to ADA and handicap accessibility are now being strictly enforced," Poppen says. "as is bringing buildings up to current codes upon their new renovations. This can create a challenge in attempting to renovate one portion of a building and not affect the opposite end, but still having to install fire protection, for example, throughout the entire structure. The strict enforcement of the site use permit requirements remains, and the creation of new retail space is closely monitored so the (Napa) Valley isn't inundated by commercial spaces. Federal and state regulations regarding storm water pollution and soil erosion have been adopted for many years but in the last few years the requirements have been increased and strictly monitored by the agencies."

The Emergency Stream Setback Ordinance is also a major concern, Deirdre Booth adds. "In Napa County the ordinance has put many projects on hold. Some owners have canceled or postponed their projects due to the uncertainty of the future of the ordinance." Mark Keala of Keala Bergeman & Associates, a commercial and winery construction management company based in Alameda, Calif., agrees. "Depending on the location of Class 1, 2 & 3 streams on a piece of property, this regulation can have a pronounced effect on the amount of land that is available to build on," he says. "This regulation clearly affects the way a winery is designed and located and how it s constructed, since the structure needs to be built outside the setback area. These new regulations not only slow the design process for a winery, but more importantly, they restrict the ownership of wineries and vineyards to those who can afford to wait."

It has also become increasingly difficult to obtain a use permit, Deirdre Booth adds. "In Napa County there is an active lobby against vineyard and winery development," she says. "Most counties, in general, are becoming more restrictive and adding more regulations; however, Napa is by far the most difficult. One of our clients was granted his use permit by the county, but the neighbors sued and have kept his permit tied up for over a year now. It has cost him more in attorney's fees than design fees."

The regulations outside of Napa tend to be a little less stringent, Booth says. "Sonoma County is in the process of updating its General Plan, but thus far the county is still relatively winery-friendly. Santa Barbara County's processes remains difficult and lengthy, San Luis Obispo and Monterey counties are moderate, and Lake and Mendocino counties are still very easy and straightforward in their permitting processes."

Mark Keala says he's also seeing tighter regulations on production capacity and the elimination of event facilities due to noise and traffic issues. "Neighbors in the area surrounding proposed winery projects seem to have a very low tolerance for the added traffic that a new winery generates," he says. "Increases in traffic and noise are often the result of private winery events. Objections (from neighbors) carry considerable influence with the (building) commission, often resulting in severe limitations on events and making the construction of such a facility uneconomical."

Going Underground

Traditional, above-ground winery construction isn't the only type of building that is subject to increasing restrictions. Wine caves have recently come into regulatory focus, as experienced by John Fetzer in Mendocino County. In February, the county's chief building inspector blocked the use of Fetzer's new $600,000 wine cave, despite Fetzer's protestations that state engineers and the local fire chief approved the cave for safety.