PLANNING COMMISSION MINUTES OF SEPTEMBER 20, 2012

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1 PLANNING COMMISSION MINUTES OF SEPTEMBER 20, 2012 The San Joaquin County Planning Commission met in regular session on September 20, 2012, at 6:30 p.m., in the Public Health/Planning Commission Auditorium, 1601 East Hazelton Avenue, Stockton, California. The meeting was called to order by Chairman Peter Johnson. The Pledge of Allegiance to the flag was given. Roll Call: (present) Commissioners Peter Johnson, Chairman Miguel Villapudua, Vice Chairman Stan Morri Randy Hamilton Clem Lee County Staff Alex Chetley, Department of Public Works Mark Myles, County Counsel Rodney Estrada, Environmental Health Department Community Development Department Staff Kerry Sullivan, Director John Funderburg, Principal Planner Mo Hatef, Senior Planner (absent) None APPROVAL OF MINUTES FROM MEETING OF MAY 3, 2012 MOTION: It was moved, seconded (Villapudua/Hamilton), and passed by a unanimous vote (5-0) to approve the minutes as submitted. VOTE: AYES: NOES: ABSENT: VILLAPUDUA, JOHNSON, LEE, HAMILTON,MORRI, NONE NONE PC MINUTES PC:

2 Commissioner Johnson said he would like to first hear the report by the Winery Ordinance Task Force. Other Business: A. Report by the Winery Ordinance Task Force Katie Patterson, submitted a letter that entails what the taskforce has worked on so far, including a good neighbor policy. The group has stopped meeting for harvest season but will resume meeting in October and will have a more comprehensive report to bring to the Planning Commission in November. PC MINUTES PC:

3 1. USE PERMIT APPLICATION NO. PA OF WATTS TRUST (C/O MIKE SMITH ENGINEERING) to expand the production capacity of an existing small winery into a large winery in two phases over a ten year period and to add 30 marketing events for the winery. (Use Type: Wineries and Wine Cellars- Winery, Large) The production capacity would increase from 36,000 gallons of wine per year to 200,000 gallons of wine per year. Phase One, building permits to be issued within 18 months from the effective date of approval, includes the construction of six 3,000 gallon tanks and the addition of thirty marketing events per year with a maximum attendance of 100 people per marketing event. Phase Two, building permits to be issued within ten years from the effective date of approval, includes the construction of a 12,000 square foot case and barrel storage building and a 2,500 square foot wine tasting room. The project site is located at the southeast corner of State Route 12 and Locust Tree Road, east of Lodi (Supervisorial District 4). Mo Hatef, Senior Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS: Mike Smith, representing the owners of the winery, said the owners have been in business for many years and never received any complaints. Katie Patterson, representing the Farm Bureau, said she is in support of this application because uses where the winery is expanding from a small to a large winery should be encouraged because it is a winery first approach and as long as the marketing events are subordinate to the winery, the Farm Bureau can support the application. OPPONENTS: None. REBUTTAL None. PUBLIC HEARING CLOSED: Commissioner Johnson asked for someone to make a motion. MOTION: It was moved, seconded (Morri/Villapudua), and passed by a unanimous vote (5-0) to: 1. Approve the Negative Declaration; and 2. Approve Use Permit Application No. PA with the Findings and Conditions of Approval contained in the staff report. VOTE: AYES: JOHNSON, VILLAPUDUA, MORRI, HAMILTON, LEE NOES: ABSENT: PC MINUTES PC:

4 2. SITE APPROVAL APPLICATION NO. PA OF VERNON AND JENISE VIERRA (C/O ST. JORGE WINERY) to expand an existing small winery and increase the number of marketing events and attendees per marketing event. (Use Type: Wineries and Wine Cellars Winery, Small) The expansion includes the construction of a 5,652 square foot wine garden comprised of a stage, dining, and seating area, a 300 square foot commercial kitchen, a 1,600 square foot storage building, a 336 square foot wine storage building, a 288 square foot covered patio, a 420 square foot restroom facility, and increase the number of marketing events from the previously approved four marketing events to twenty-four marketing events per year and increase the number of attendees from the previously approved 25 people to 150 people per marketing event. The project site is located on the west side of Bender Road, 375 feet north of Taddei Road, northwest of Lodi (Supervisorial District 4). Mo Hatef, Senior Planner, introduced the staff report into the record. Alex Chetley, representing Public Works, said Public Works has reached out to the Wine Commission to start dialogue regarding traffic solutions for industry wide events. Not related to the project being heard but wanted to make a general statement. PUBLIC HEARING OPENED: PROPONENTS: Mike Hakeem, representing the owners of St. Jorge winery, said this project is not a revocation hearing but a hearing for the expansion of the winery. Owners understand they had made mistakes and the owners now understand what is permitted. Commissioner Morri asked how many acres of vineyards are at the site. Vern Vierra, owner of the winery, said 10 acres. Jack Helm, lives next to winery. Lived at property for over thirty years and has seen many changes to neighborhood. Thinks compromises should be reached and need to continue to monitor the noise level. Mark Kidd, lives near winery and has lived there for twenty-six years. He believes the ten o clock curfew is a good idea for marketing events. He gets more noise from parties along the river than weddings and is in support of the application. OPPONENTS: Paul Hagen, representing neighbors adjacent to the winery,romano and Judy Isola, said there are several advertisements on the winery s website that show the winery is in violation of their current land use permit. He is asking the Planning Commission to investigate enforcement action because the applicant is seeking after the fact legitimization. Judy Isola, who lives in a residence 115 feet from the winery, stated that over the past five years, the winery entertainment center has changed their lives. Music was played every day, not only at events. On the weekends, she heard loud noises from wedding events, such as announcement of brides and grooms and first dance. The wine garden is actually an amphitheater with concerts as advertised in magazines and websites. The applicant also hosts events with more than the permitted 25 people. The website advertises events for 200 people. Also, all events are not related to marketing the wine, such as a prom dinner held at the property. Adele Liebelt, lives near winery and asked the Commission to imagine what it is like to be in her shoes. There are 27 residences in the area, 15 along Taddei Road. Vern is a contractor and therefore should know the rules. PC MINUTES PC:

5 Beverly Hartin, said she lives down the road from the winery. Concerned about property values because of noise disturbance. We were here first. Matt Domingo, said the applicant has to play by the rules. Like Mr. Vierra, he is also a contractor and knows that you must get permits before you build. Katie Patterson, representing the Farm Bureau, said the Farm Bureau is in opposition to this project. She said she would acknowledge Vern is a member of the Farm Bureau and is actually producing wine. The Farm Bureau wants to support the winery but is concerned about land use conflicts with events in the agricultural zone and if the events are accessory to the winery. Dave Isola, believes there is a land use conflict. Lisa Isola, said she has a problem with the Mitigated Negative Declaration and Staff Report because of the term scattered residences. She said that is incorrect and does not accurately describe the neighborhood as there are 27 houses within a quarter mile radius. 8 of these residences share a common property line with the Vierra s property. There are a lot of residences in the area and it is clustered. Mark Talley, is concerned about the peacefulness of the neighborhood because of the winery s loud music and the expansion would mean more noise and more trash. He does not think the winery should be able to expand. Harold Talley, is not opposed to the winery itself but opposed to the activities center aspect of the winery. He wants to enjoy the peace and quiet and tranquility of a quiet neighborhood. Fred Donald, said neighbors are tired of event centers disguised as wineries. This is more of an entertainment center than a winery. REBUTTAL Mike Hakeem stated his clients are seeking to comply with the county codes by applying for the subject application. Most of the arguments from the opposition are asking to change the existing winery ordinance. The Development Title has a noise ordinance that the project is subject to. Applicant can apply and has applied for a special event permit for an event in excess of 25 people. Jim Brennan, fro J.C. Brennan and Associates, conducted a noise study. He does not know how much noise was created at past events. He was asked how to comply with noise ordinance by the property owner. Asked owner to stage a concert with similar music to concerts conducted at the site. The main question was if he had music at the wine garden, can he comply with the noise ordinance at the neighbor s property line. Set up control meter at edge of wine garden and meters set up at property lines. The result was if music was played at 75 decibels at the wine garden, it could comply with the noise requirements at the Isola s residence. PUBLIC HEARING CLOSED: Commissioner Morri said he hopes the applicant complies with the noise requirements. If the applicant is not in compliance, the Commission or Board of Supervisors can potentially revoke the land use permit. Commissioner Johnson said the biggest challenge is amplified music. He is not in favor of any application with amplified music because this needs to be addressed first in a new ordinance. However, he is in support of allowing an increase in the number of marketing events. PC MINUTES PC:

6 Commissioner Lee said have to hold the project to today s ordinance and not an ordinance that has not been crafted yet. He was confused how Public Work s comments related to this project. Mr. Chetley said he wanted to go on record that Public Works is working with the winery community to address traffic impacts from industry wide events. Ms. Sullivan clarified that industry wide events are not counted as either marketing events or special events. However, new industry wide events that are a month long and are comprised of many activities may count as marketing events depending on the nature of the activities. Commissioner Morri asked neighbors in opposition to stay and discuss their concerns with the special event discussion under other action items. Commissioner Hamilton said he can not support the project because of the project s impacts on the neighbor s quality of life and property values, including noise and amplified music. Commissioner Villapadua said he can support the project because the owner will try to be a good neighbor and will be reprimanded if he does not comply. MOTION: It was moved, seconded (Morri/Lee), and passed by a vote (3-2) to: 3. Approve the Negative Declaration; and 4. Approve Site Approval Application No. PA with the Findings and Conditions of Approval contained in the staff report. VOTE: AYES: NOES: VILLAPUDUA, MORRI, LEE JOHNSON, HAMILTON ABSENT: PC MINUTES PC:

7 Other Business: B. Determination of Duration of Special Events Commissioner Johnson said staff is requesting clarification if three non-related special events on three consecutive days is considered as one special event or three special events. The consensus is that if the events are not related, they are three separate special events. The hearing was adjourned at 8:40 p.m. PETER JOHNSON, * * * KERRY SULLIVAN, Chairman Secretary PC MINUTES PC: