AMADOR COUNTY PLANNING COMMISSION JANUARY 13,2015

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1 Page 1 of 10 Page 1 of 10 STAFF REPORT TO: FOR MEETING OF: AMADOR COUNTY PLANNING COMMISSION JANUARY 13,2015 Item 1 - Zoning Interpretation Hearing (ZI-14-1). Request by Schmitz Cellars for a zoning ordinance interpretation pursuant to Amador County Code Section , Change in Use. Section allows the legal nonconforming (i.e., "grandfathered") use of a building to be changed to another nonconforming use if the proposed use is found to be similar or more restrictive in nature than the previous use. (APN ). Applicant: Schmitz Cellars, Paul Schmitz Supervisorial District: V Location: Highway 49, Plymouth just south of Randolph Drive and the City of Plymouth corporate limits A. General Plan Designation: R-S, Residential-Suburban (1 to 5 acre minimum) B. Present Zoning: "RIA," Single Family Residential & Agricultural District C. Background: The applicant inquired as to the potential for using the subject property for a facility that would include the bottling, blending, and wholesale distribution of wines as well as a tasting room and retail sales of wine. The applicant was advised that the property was zoned "RIA," Single Family Residential & Agricultural District, and that the proposed retail sale of wine and tasting room could be approved with a Use Permit if done in conjunction with a winery. Because the proposal does not include a winery the applicant was advised an interpretation from the Planning Commission would be needed as to whether the proposed uses were consistent with County Code Section , Change in Use. No events (e.g., weddings, receptions, social gatherings, etc.) are proposed. The property has been used in the past as an antique and collectables store, a hay and feed store, and a tire store. These are the uses the Commission must compare the proposed uses to when considering its determination. D. Planning Commission Action: The Planning Commission may either: 1. Approve the change in use thereby finding the proposed wine bottling, blending, wholesale distribution, tasting, and retail sales to be similar or more restrictive in nature that the prior uses of the property. 2. Deny the change in use thereby finding the proposed wine bottling, blending, wholesale distribution, tasting, and retail sales to be dissimilar or less restrictive in nature that the prior uses of the property. E. Findings: If the Planning Commission moves to find the proposed uses are similar or more restrictive in nature than the previous uses, the action must be based on specific findings (rjlease specifv in the motion) which are supported by materials or statements presented during the hearing. G:\PLAN\ WPDOCS\Project Files\Appeals and Interpretations\Schmitz Cellars_Nonconforming Use Interpretation\S R-PC.O docx Page 1 of 10 Page 1 of 10

2 Page 2 of 10 Page 2 of 10 Sections: Generally Use permits Parcels or lots. Chapter NONCONFORMING USES Enlargement, increase or extension of use Structural alterations, maintenance and repairs Reconstruction, damaged or destroyed building Change in use Lawful construction prior to effective date Applicability to future changes Generally. The lawful use of land or buildings existing on the effective date of areas zoned or rezoned under Title 19 (Zoning) of this code, although such use does not conform to the regulations specified in the district in which such land is located, is a nonconforming use and may be continued as hereinafter provided, except that any such use ceases for a period of two years, the subsequent use of such land shall be in conformity to the regulations specified for the district in which such land is located. When the planning department becomes aware of an abandonment of the nonconforming use it shall notify within thirty days the property owner of such opinion. (Ord (part), 1986) Use permits. Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter of this code. (Ord (part), 1986) Parcels or lots. Lots or parcels having areas and/or dimensions which do not conform to the regulations of the zone district or general plan classification in which they are, or may hereafter be located, and which existed as recorded legal lots or parcels at the time they became subject to such regulations, or which have received a certificate of compliance from the Amador County board of supervisors, shall be considered as conforming and may be used subject to all other regulations of the zone in which they are located. (Ord (part), 1986) Enlargement, increase or extension of use. Nonconforming uses shall not be enlarged, increased or extended to occupy a greater area than that occupied by such use at the effective date such use became a nonconforming use except that: A. The property owner of a nonconforming use may request an interpretation of such proposed enlargement, increase or extension pursuant to Chapter (Appeals) of this code. It may be found and this code interpreted that the enlargement, increase or extension, if confined within the same building or area, is in conformance with these regulations. The interpretation is solely at the discretion of the county. Page 2 of 10 Page 2 of 10

3 Page 3 of 10 B. The enlargement, increase or extension of a nonconforming use building may be allowed, provided Page 3 of 10 such enlargement, increase or extension does not consist of more than ten percent of the total floor area of the building. (Ord (part), 1986) Structural alterations, maintenance and repairs. Ordinary maintenance and repairs may be made to any nonconforming building. Structural alterations may be made, including complete remodeling and renovation of the building. When the complete remodeling or renovation of a building is proposed, the county may, at its discretion, require that the structure meet all yard setback requirements of this code and be removed from any easements of record. (Ord (part), 1986) Reconstruction, damaged or destroyed building. If at any time any nonconforming building is damaged or destroyed by fire, explosion, act of God, or act of the public enemy, such building may be rebuilt; provided, that a building permit is first obtained. The provisions of Sections and shall apply to damaged or destroyed buildings. (Ord (part), 1986) Change in use. The nonconforming use of a building may be changed to a use which is found to be similar or more restrictive in nature. (Ord (part), 1986) Lawful construction prior to effective date. Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date the district was established creating the nonconforming use. "Actual construction" is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved. (Ord (part), 1986) Applicability to future changes. The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed. (Ord (part), 1986). The Amador County Code is current through Ordinance 1742, passed June 24, Disclaimer: The Clerk of the Board 's Office has the official version ofthe Amador County Code. Users should contact the Clerk of the Board's Office for ord inances passed subsequent to the ordinance cited above. Page 3 of 10 Page 3 of 10

4 Page 4 of 10 Page 4 of 10 Application Procedure For Use Permit Amador County The following explains the purpose and need for the Non Conforming Commercial Use Interpretation for Schmitz Wines Wholesale Bonded Cellar Storage and Tasting Room Consumer Sales use at Hwy 49 Plymouth, CA.. Need for None Conforming Commercial Use Interpretation: The current zoning of Assessor Parcel No property is "R1A" Single Family Residential and Agricultural District, therefore to allow a Bonded wine cellar and tasting room approval of Non Conforming is required. History of Site Use: The site has been used as a Retail Consumer Sales for 10 plus years or more. The entire commercial building shop was used for antique I feed retail sales consisting of 2,400 sq. ft. with a bathroom. 100% of the space was accessible by consumers to view and purchase the retail inventory for sale. Operating 7 days a week 9am to 6pm. Proposed New Use: Schmitz Wines will conduct a bonded wine cellar, storage, bottling, blending, wholesale sales, of wine in the existing commercial shop building using 2,000 sq. ft., the remaining 400 sq. ft. will be used as a consumer wine tasting room, packing, selling, shipping, and gift display of grape agricultural products, equipped with an ADA bathroom facility. The existing Single Family Home will be occupied by Paul Schmitz as his residence. (No wine making will be processed on the premises, bulk wine will be shipped in from wineries via bond to bond transfers). Parking: The existing driveways will be used for Ingress and Egress. 10 parking spaces available including 2 ADA spaces (Exhibits 1.1 & 1.2). The volume of traffic will be the same or less as the current use allows, the consumer space has been reduced by 82% from 2,400 sq. ft to 400 sq. ft.. Amador County Code Title 19 zoning Chapter B 1 parking space for 200 sq.ft. of gross building area used for any retail space, parking space for 500 sq.ft. of gross building area used for any wholesale storage. Proposed Improvements: There are no plans to expand any of the existing buildings. There are plans to paint, apply wood I stucco to the exterior tin siding of the shop building resembling a boutique American I European style wine cellar see enclosed photos (Exhibits 2.0, 2.1). The 400 sq. ft. tasting room area will be painted, adding a wine tasting counter, under counter dishwasher, hand washing sink, ADA compliance, retrofitting the existing bathroom for ADA compliance. The interior shop wholesale wine storage area of the building will be painted. Operating Days I Hours: The wholesale cellar storage facility will be open Monday - Friday from 8am to 5pm. The tasting room will be open Thursday - Monday from 10am to 6pm. Approved Wine Licensing: Schmitz Wines will supply the Planning Department with copies of the approved 02 Tasting Room License from the California State ABC and the approved bond from the Alcohol and Tobacco Tax and Trade Bureau. AmadorCounly DEC 22 '2014 Page 4 of 10 Page 4 of 10

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6 Page 6 of 10 Page 6 of 10 Amador County DEC 22 '2014 Date : Title: PARKING LAYOUT 669 Location: CALI FORNIA 49, PLYMOUTH CA 95 PARKING LAYOUT 1.1 Page 6 of 10 Page 6 of 10

7 Page 7 of 10 Page 7 of 10 Amador County DEC Date : It a: Location: PARKING LAYOUT CAUFORNIA 49 PLYMOUTH CA PARKING LAYOUT Page 7 of 10 Page 7 of 10

8 Page 8 of 10 Page 8 of 10 Amador County DEC EXISTING PROPOSED IMPROVEMENTS EXISTING Date: t2-t9-14 Title: EXISTING CONDITIONS AND PROPOSED PRELIMINARY EXTERIOR IMPROVEMENTS Parcel #: Location: CALIFORNIA 49, PLYMOUTH; CA EXISTING & PROPOSED I ~,O Page 8 of 10 Page 8 of 10

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10 Page 10 of 10 Page 10 of 10 December 9, 2014 Property Owner Permission: Richard R. Picard and Renee D. Picard, owners of the property located at State Highway 49 Plymouth CA 95669, give permission to Paul Schmitz, dba Schmitz Wines, to apply for any and all Federa l, State, County and City permits and licenses at the above address to conduct a wine storage facility and tasting room. Richard R. Picard DJ<KVJr~ 12/11/ :10 AM GMT Date Renee D. Picard ~QM...~v.-W'-';) :'7'\1:\11 S,C'Il O --~~ /10/201<411:59PMGMT Date AmadO!' County DEC Page 10 of 10 Page 10 of 10