Received via email from Mo Hatef, Senior Planner, S.J. Co. Community Development Department:

SAN JOAQUIN COUNTY PLANNING COMMISSION AGENDA
Public Health/Planning Auditorium
San Joaquin County Department of Public Health Services
1601 East Hazelton Avenue, Stockton, California
THURSDAY, July 19, 2012
6:30 P.M.

• Flag Salute

• Roll Call

• Action on Requests for Continuances or Withdrawals (if needed)

• Explanation of Hearing Procedures

• Action Items:

o Consent Agenda (Item Nos. 1, 2, 3 and 4): Items calendared for consent will be approved in one motion without a public healing unless a member of the Planning Commission or the audience requests that the item be removed from the consent calendar and heard separately.

CONSENT

1. USE PERMIT APPLlCATION NO. PA-1100224 OF DELICATO VINEYARDS (C/O QUARTAROLI & ASSOCIATES) to expand the existing crushing operation of a large winery from 140,000 tons of grapes to 200,000 tons of grapes to be built in three phases over a five year period. (Use Type: Wineries and Wine Cellars-Winery, Large) Phase One, includes the construction of a new refrigeration station with a 2,142 square foot canopy, a 6,053 square foot centrifuge canopy, a 357 square foot filter canopy, tank farms, fermenting tanks, remodeling an existing warehouse for a new barrel storage area, and upgrading a waste water system of processed waste water for vineyard irrigation. Phase Two, building permits to be issued within thirty-six (36) months from the effective date of approval, includes the construction of four (4) new refrigeration plants, each with a 2,142 square foot canopy, relocating the existing receiving and crushing area, constructing a new 24,936 square foot maintenance shop building, a 50,000 gallon water tank, a 6,000 square foot cellar processing building, tank farms, and fermenting tanks. Phase Three, building permits to be issued within sixty (60) months from the effective date of approval, includes the construction of a new 16,428 square foot employee lounge building, the conversion of an existing warehouse bottling area into an employee office area and receiving and ingredient warehouse, tank farms, and fermenting tanks. The project site is located on the west side of South State Route 99 West Frontage Road, 1.7 miles north of Lathrop Road north of Manteca (Supervisorial District 3).

Environmental Determination: An Initial study has been prepared indicating the project will not have a significant impact on the environment, and a Negative Declaration has been prepared for the project.

CONSENT

2. USE PERMIT APPLlCATION NO. PA-1200100 OF BANCROFT PERFORMANCE INVESTMENT (C/O COG MARKETERS, LTD) to convert an existing wholesale lumber yard to an agricultural fertilizer manufacturer and distribution facility in two phases over a three year period. The finished product will be chemical fertilizers. Phase One, building permits to be issued within 18 months from the effective date of approval, is for the construction of a 14,400 square foot storage building with truck docks, storage area for eighteen 30,000 gallon tanks, and underground plumbing piping. Phase Two, building permits to be issued within 36 months from the effective date of approval, is for the construction of three 500,000 gallon storage tanks, extension of an existing rail spur, the construction of a new rail spur, a 7,200 square foot addition to the manufacturing building, a 16,800 square foot addition to the warehouse building for dry material storage, truck scales, and relocation of the retention pond. (Use Type: General Industrial-Intermediate). The project site is located on the northeast comer of Bazzano Road and Navone Road, east of Stockton (Supervisorial District 4).

CONSENT

3. ONE-YEAR TIME EXTENSION FOR AN APPROVED USE PERMIT APPLICATION NO. PA-1000213 OF WAT DHAMMARARAM BUDDHIST ASSOCIATION (C/O TONY ACEVEDO) to expand an existing religious assembly facility by constructing two structures in two phases (Use Type: Religious Assembly-Community). Phase 1 is to construct a new 90-foot-high tower structure that includes a 75-foot-high meditation platform. Phase 2 is a new 4,200 square foot temple with building permits to be issued within six years. There will be no increase in the approved number of members (499). The project site is located on the south side of Carpenter Road, 1,500 feet east of State Route 99 east Frontage Road, east of Stockton (Supervisorial District 2).

CONSENT

4. USE PERMIT APPLlCATION NO. PA-1200034 OF LOCKEFORD COMMUNITY SERVICES DISTRICT (C/O LOA PARTNERS) to establish a community center and public park in two phases over a ten year period. (Use Type: Community Assembly and Recreation-Parks) Phase One, building permits to be issued within 18 months from the effective date of approval, includes the construction of a 3,400 square foot community center for a maximum of 148 people. Phase Two, building permits to be issued within ten years from the effective date of approval, includes the construction of a 1.64-acre public park. The project site is located on the east side of Jack Tone Road at the north terminus of Lambert Way, Lockeford (Supervisorial District 4).

o Other Action Items:

5. VARIANCE APPLICATION NO. PA-1200091 OF KEVIN WENTWORTH to reduce the minimum parcel size in the AG-40 zone (General Agriculture, 40-acre minimum) from 40 acres to 0.81 acre and to reduce the minimum parcel width from 330 feet to 116 feet. The underlying project is a Minor Subdivision application to subdivide an existing 2.99-acre parcel into two parcels. Parcel One is to contain 2.18 acres with a width of 158.60 feet and Parcel Two is to contain 0.81 acre with a width of 116 feet. The parcel is not under a Williamson Act Contract. The project site is located on the east side of Pezzi Road, 2,500 feet north of Comstock Road, east of Stockton (Supervisorial District 4).

Environmental Determination: An Initial Study has been prepared indicating the project will not have a significant impact on the environment, and a Negative Declaration has been prepared for the project.

6. DEVELOPMENT TITLE TEXT AMENDMENT NO. PA-1200059 OF SAN JOAQUIN COUNTY to prohibit marketing events for a proposed winery or off-site wine cellar application, to revise “Marketing Event” in Definitions, and to revise ‘Wineries and Wine Cellars” in Use Classifications. This text amendment will also prohibit an application to increase the number of marketing events or the number of attendees for existing approved marketing events at existing wineries and off-site wine cellars (All Supervisorial Districts). (Continued from the meeting of June 7, 2012)

• The Public is welcome to address the Planning Commission on items of interest to the public that are NOT listed on the Agenda. Comments to the Commission are limited to a maximum of 5 minutes.

• Other Business:

• Director’s Report (Scheduling of Future Meetings – as needed)

• Adjournment

NOTE: If you need disability-related modification or accommodation in order to participate in this meeting, please contact the Clerk of the Planning Commission at (209) 468-2218 at least 48 hours prior to the start of the meeting (Government Code Section 54954.2[a]). Materials related to an item on this agenda submitted to the Planning Commission after distribution of the packet are available for public inspection at the Community Development Department at 1810 E. Hazelton Avenue during normal business hours.

PETER JOHNSON, Chairman
KERRY SULLIVAN, Secretary

[A PDF of this document may be found here. The following information was included with the original agenda for the June 7 meeting:]

STAFF REPORT
Development Title Text Amendment

Application Information

Applicant: San Joaquin County
File Number: PA-1200059
Location: Applicable Countywide

Supervisorial District: All
CEQA Determination: Negative Declaration
Staff: Mo Hatef

Project Description

This project is a Development Title Text Amendment to prohibit marketing events for a proposed winery or off-site wine cellar application, to revise “Marketing Event” in Definitions, and to revise “Wineries and Wine Cellars” in Use Classifications. This text amendment will also prohibit an application to increase the number of marketing events or the number of attendees for existing approved marketing events at existing wineries and off-site wine cellars.

Recommendation

Approval.

Referrals and Replies

The application referrals were mailed on April 13, 2012, with responses due by May 15, 2012.

AGENCY – RESPONSE DATE (through May 24, 2012)
Environmental Health – April 23, 2012
Public Works – April 18, 2012
Air Pollution Control District
Sheriff
Council of Governments
Assessor
Parks & Recreation
OES
Caltrans
C.H.P.
Building Industry Association
C.V.F.P.B.
Supervisor Districts 1-5
All Cities & All Counties
All SJ Fire Districts & All SJ School Districts
All Airports
Public Utilities Commission
Mosquito and Vector Control
All SJ Flying Services
All SJ MACs
CRWQCB
Farm Bureau – May 15, 2012
Lodi Chamber of Commerce – May 24, 2012
Lodi Amateur Vintners Association – May 10, 2012
Lodi Dist Grape Growers Assoc. – May 11, 2012
Visit Lodi! Conference and Visitors Bureau – May 17, 2012
Agricultural Commissioner
Sierra Club
AT&T
Verizon Telephone Service
Pacific Gas & Electric
Precissi Flying Service
Kathy Perez
Delta Keeper
State Dept. Fish and Game, Region 2 & 3
Department of Conservation
State Dept. of Food & Agriculture
State Lands Commission
ALUC
Alcohol Beverage Control
US Army Corps of Engineers
US Soil Conservation
US Dept of Fish & Wildlife
All SJ County Wineries

A legal ad for the public hearing was published in the Stockton Record on May 28, 2012. Public hearing notices were mailed on May 25, 2012.

Analysis

Background

On July 24, 2001, the Board of Supervisors approved TA-00-0006 to add a Winery Ordinance chapter to the Development Title establishing development standards for wineries and wine cellars, which became effective August 23, 2001 (Ordinance No. 4115). The intent of the Wineries and Related Facilities Chapter of the Development Title is to establish regulations that will acknowledge the distinctive pairing of wine grape growing, wine making, and tourism. A major purpose of the Chapter is to guarantee that both winery and wine cellar marketing events are accessory and are subordinate to the primary agricultural use (Development Title Section 9-1075.1).

The purpose is to provide for agricultural tourism and marketing activities while ensuring that agricultural resources remain vital. Recently, the County has experienced growth in the wine industry with applicants applying for marketing events. The concern is that some marketing events have not remained accessory to the intended primary agricultural use of producing wine. On February 28, 2012, the Board of Supervisors formed an Ad Hoc Committee of two Supervisors who directed the Community Development Department to process a text amendment that would, if approved, prohibit marketing events at new wineries and off-site wine cellars within the unincorporated area of San Joaquin County as an interim measure until the Department can revisit the winery ordinance during the update of the Development Title after the General Plan update is completed.

The intent of this Amendment is to stop new wineries and off-site wine cellars from having marketing events and existing marketing plans from being changed while the text of the Development Title is revised. The proposed text amendment will not limit the typical industry wide marketing activities such as wine club activities.

Text Amendment

The proposed changes to the Development Title are as follows:

WINERIES AND RELATED FACILITIES

Sections:
9-1075.1 Intent.
9-1075.2 Applicability.
9-1075.3 Large Wineries.
9-1075.4 Medium Wineries.
9-1075.5 Small Wineries.
9-1075.6 Boutique Wineries.
9-1075.7 Wine Cellars, On-Site.
9-1075.8 Wine Cellars, Off-Site.
9-1075.9 Existing Wineries and Wine Cellars.
9-1075.10 ~~Enforcement.~~ Prohibition of Marketing Events
9-1075.11 Enforcement

9-1075.10 PROHIBITION OF MARKETING EVENTS

Notwithstanding any other provision of this Chapter, a winery or off-site wine cellar permit approved on or after the effective date of this Section shall not permit marketing events.

Revisions of Approved Actions applications to increase the number of marketing events or the number of attendees per marketing event are prohibited.

~~9-1075.10~~ 9-1075.11 ENFORCEMENT

Violations of this Chapter shall be enforced pursuant to Chapters 9-230 and 9-1905 of this Title.

9-110.4 DEFINITIONS.

Unless otherwise specified, the following definitions shall be applicable throughout this Title:

Marketing Event. “Marketing Event” means the congregation of persons for the purpose of promoting the wine industry and marketing wine. Marketing events always include wine tasting and the sale of wine. Activities or events such as educational wine tours for the public, and non-profit community fund raising~~, private seminars for distributor and sales representatives and events for wine industry groups that enhance awareness of wine and wine-related products and services~~ are considered to be a marketing event. Marketing events shall be identified in the supplemental information marketing plan.

9-115.590 WINERIES AND WINE CELLARS.
The Wineries and Wine Cellars use types refer to the production of wine and the storage of wine. These use types exclude uses that are classified under the Eating Establishment use type. Both wineries and wine cellars may hold ~~marketing events and~~ special events. Wineries and wine cellars are considered to be primary land uses. The following are the categories of the Wineries and Related Facilities use type:
(a) Wine Cellar, Off-Site. An off-site wine cellar involves a structure or area used for the storage of wine. No wine is produced on-site. An off-site wine cellar is always associated with a vineyard.
(b) Winery. The winery category always includes facilities for the production of wine and may include one on-site and one off-site wine cellar. The winery category includes boutique, small, medium and large wineries.
(Ord. 4115 § 2, 2001)

Neighborhood Response

The Community Development Department received 24 letters in opposition, one petition opposition form letter signed by 194 people, and 4 letters in support, including one from the Farm Bureau. On May 9, 2012, the Community Development Department met with members of the community at a question and answer meeting coordinated by the Visit Lodi! Conference and Visitors Bureau. The letters in opposition and attendees of the meeting expressed concern the moratorium will stifle growth within the county because the opponents state that wineries create and sustain jobs in various job fields, increase tourism, and generate tax revenue.

The letters in support of the text amendment expressed concern with land use conflicts and the noise and traffic impacts generated from marketing events. The Farm Bureau recommended reviewing adoption of a draft ordinance proposal redefining marketing events that the Farm Bureau developed. The Farm Bureau’s draft ordinance has not been analyzed by the Community Development Department. The County is currently in the process of a comprehensive revision of the General Plan. After consideration and adoption of the new General Plan, the winery ordinance will be revisited when the Development Title is updated.

Recommendations

Action

It is recommended that the Planning Commission:

1. Approve the Negative Declaration; and

2. Forward Text Amendment No. PA-1200059 to the Board of Supervisors with a recommendation for approval based on the ability to make the required Basis for Development Title Text Amendment.

Basis for Development Title Text Amendment

Prior to approving an application for a text amendment, the Planning Commission and the Board of Supervisors shall determine that the proposed Text Amendment is consistent with the General Plan and any applicable Master Plan.

• This determination can be made because the proposed changes to the Development Title do not conflict with any of the goals, objectives, policies or implementation measures of the General Plan or any applicable Master Plan.

ORDINANCE NO. _____

AN ORDINANCE AMENDING TITLE 9 OF THE ORDINANCE CODE OF THE COUNTY OF SAN JOAQUIN, RELATIVE TO SECTIONS 9-110.4, 9-115.590, AND 9-1075 CONCERNING MARKETING EVENTS.

THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN ORDAINS AS FOLLOWS:

Section 1. Section 9-110.4, Section 9-115.590, Division 1, Title 9 of the San Joaquin County Ordinance Code is hereby amended, by adding the definition, to read as follows:

CHAPTER 9-110

DEFINITIONS

9-110.4 DEFINITIONS.
Unless otherwise specified, the following definitions shall be applicable throughout this Title:

Marketing Event. “Marketing event” means the congregation of persons for the purpose of promoting the wine industry and marketing wine. Marketing events always include wine tasting and the sale of wine. Activities or events such as educational wine tours for the public, and non-profit community fund raising~~, private seminars for distributor and sales representatives and events for wine industry groups that enhance awareness of wine and wine-related products and services~~ are considered to be a marketing event. Marketing events shall be identified in the supplemental information marketing plan.

Section 2. Chapter 9-1075, Title 9 of the San Joaquin County Ordinance Code is hereby amended to read as follows:

Chapters:

WINERIES AND RELATED FACILITIES

Sections:
9-1075.1 Intent.
9-1075.2 Applicability.
9-1075.3 Large Wineries.
9-1075.4 Medium Wineries.
9-1075.5 Small Wineries.
9-1075.6 Boutique Wineries.
9-1075.7 Wine Cellars, On-Site.
9-1075.8 Wine Cellars, Off-Site.
9-1075.9 Existing Wineries and Wine Cellars.
9-1075.10 ~~Enforcement.~~ Prohibition of Marketing Events
9-1075.11 Enforcement

9-1075.10 PROHIBITION OF MARKETING EVENTS

Notwithstanding any other provision of this Chapter, a winery or off-site wine cellar permit approved on or after the effective date of this Section shall not permit marketing events. Revisions of Approved Actions applications to increase the number of marketing events or the number of attendees per marketing event are prohibited.

~~9-1075.10~~ 9.1075.11 ENFORCEMENT

Violations of this Chapter shall be enforced pursuant to Chapters 9-230 and 9-1905 of this Title.

Section 3. This Ordinance shall take effect and be in force thirty (30) days after its adoption, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published once (1) in the Stockton Record, a newspaper of general circulation published in the County of San Joaquin, State of California, with the names of the members of the Board of Supervisors voting for and against the same.

PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of San Joaquin, State of California, on this __ day of ______, 2012, by the following vote of the Board of Supervisors, to wit:

AYES:
NOES:
ABSENT:

__________________________
STEVE J. BESTOLARIDES,
CHAIRMAN
Board of Supervisors
County of San Joaquin
State of California

ATTEST: LOIS M. SAHYOUN
Clerk of the Board of Supervisors
Of the County of San Joaquin,
State of California
By _____________ (SEAL)
Deputy Clerk

WINERY ORDINANCE

A collaborative forum for refining the ag winery ordinance of San Joaquin County. Updated through December 2020.

San Joaquin Co. Planning Commission Meeting Agenda

STAFF REPORT
Development Title Text Amendment

Referrals and Replies

Analysis

Recommendations

STAFF REPORT Development Title Text Amendment

Referrals and Replies

Analysis

Recommendations

STAFF REPORT
Development Title Text Amendment