Staff Report – PLP13-0006
October 17, 2013
Page 1
Sonoma County Board of Zoning Adjustments S T A F F R E P O R T
SonomaCountyPermit and Resource Management Department
2550 Ventura Avenue, Santa Rosa, CA 95403
(707) 565-1900 FAX (707) 565-1103
FILE:PLP13-0006
DATE:October 17, 2013
STAFF:Sigrid Swedenborg
TIME:1:30p.m.
Appeal Period: 10 calendar days
SUMMARY
Applicant:Chris Hougie
Owner:Same
Location:100 Wagner Road, Sonoma
APN: 128-461-050, -022 Supervisorial District No.:1
Subject:Use Permit and Administrative Design Review
PROPOSAL:Request for a Use Permit with Design Review for a barrel storage facility, tasting room and 45 events annually.
Environmental
Determination:Mitigated Negative Declaration
General Plan:Diverse Agriculture, 20-acre density
Ord. Reference:Section 26-08-020 (g) and Section 26-080-20 (j)
Zoning:DA (Diverse Agriculture) B6 20 acre density, SR (Scenic Resources), VOH (Valley Oak Habitat), F2 (Floodplain)
Application CompleteJune 27, 2013
for Processing:
RECOMMENDATION:Adopt the Mitigated Negative Declaration and approve the request for the winery, public tasting roomand 45 events annually subject to the attached Conditions of Approval.
ANALYSIS
Project Description:
The request is for a Use Permit for a barrel storage facility, tasting room and events. The request includes converting an existing garage to a tasting room and a constructing a new barrel storage building on two parcels totaling 19.81 acres. Parcel 128-461-050 is 11.4 acres in size and currently developed with a residence which would be converted to the tasting room and the owner’s office and storage. Parcel 128-461-022is 8.38 acres in size and is proposed to be developed with the barrel storage building and the parking lot. Thebarrel storage structure is proposed to be 3,700 square feet in size and would be used to store barrels (with and without wine), barrel racks, and other equipment. Approximately 1,360 square feet of this building wouldbe used for the events. Wine aging in barrels is considered part of agricultural processing and a Use Permit is required. The applicant has stated that,on an annual basis, approximately 200 barrels would be used to store the wine made from grapes on site. They would store 2 years worth of wine which equates to approximately 400 barrels. The grapes would be crushed and fermented at a nearby winery, and the wine would be put inbarrels at that winery. The barrels would be brought to the site andsent back to the winery when it is time to bottle. No washing of barrels would occur on site. By storing the barrels on site they would be able to control the quality of the wine and save on storage costs.
The tasting room would be open 10:30 a.m. to 4 p.m. daily. The proposed event schedule includes:
# of events / # of guests / Sat or Sun / Mon-Thurs / Sun / SatEvent Type / per year / per event / Location / Oct 15-April 15 / April 16-oct 14 / April 16- Oct 14 / April 16-Oct 14
Corporate events / 3 / up to 100 / Barrel Storage Facility (BSF) / 2 / 1
Industry Wide Events / 3*** / 125 / On grounds/BSF * / 1 / 2
Small Weddings / 4 / 25-35 / BSF / 2 / 2 / 2 / 0
Weddings / 5 / up to 75 / BSF / 1 / 3 / 1
Charity Events / 5 / 125 / BSF / 1 / 3 / 1
Rehearsal Dinners / 5 / up to 100 / BSF/Tasting Room** / 2 / 1 / 2
Weddings / 20 / 125 / BSF / 1 / 1 / 5 / 11
Sub-Totals / 10 / 5 / 15 / 15
Total / 45
* these will be held on the lawn/tasting room/barn area.
**only the smallest dinners will be held In the tasting room.
***these would be one day events.
Note that 29 or 64% of the events are weddings.
The applicant stated that they would have 3 employees, with additional staff during events. There would be no onsite kitchen; all events would be catered.
Site Characteristics:
The two parcels total almost 20 acres in size with 12 acres planted in Pinot Noir grapes, 3 acres in Chardonnay and 3 acres waiting to be replanted. The site is developed with a single family residence, 1,910 square feet in size and a 960 square foot garage. The only other structure is a small storage shed, approximately 600 square feet in size. Access to the site is from Wagner Road, which provides access to the Cornerstone commercial facility and two single-family residences.
Surrounding Land Use and Zoning:
The project site is located about 4 ½ miles south of the City of Sonoma. This area is fairly flat and land use in the project vicinity is agricultural, primarily vineyards. Zoning is both Land Intensive Agriculture and Diverse Agriculture, with 20 acre densities. The property known as “Cornerstone Sonoma” is directly southwest of the site and is zoned Limited Commercial and developed with a mix of tasting rooms, retail stores, gardens and a restaurant. Parcel sizes in the area average 5 acres in size.
DISCUSSION OF ISSUES
Issue #1:General Plan and Zoning Consistency
The General Plan land use and Zoning designation of the property is Diverse Agriculture (DA). This designation allows, if a Use Permit is obtained, for wineries and tasting rooms. As part of wine marketing, agricultural promotional events are allowed as conditional uses.
General Plan
The project proposal must be found consistent with the General Plan’s Agricultural Element Goals, Objectives, and Policies which includes the following policies:
Under the Agricultural Resource Element of the General Plan, there are several issues and goals related to agricultural-tourism and promotion and visitor-serving uses in the three agricultural land use districts of Land Intensive Agriculture, Land Extensive Agriculture, and Diverse Agriculture, as follows:
Issue 2.1: “Assist in the marketing and promotion of Sonoma County's agricultural products. It states, in part, “Successful promotion and marketing of agricultural products grown in Sonoma County can both enhance the County's image and reduce economic pressure on farmers and ranchers to subdivide or convert the land to nonagricultural uses. Economic sustainability is being encouraged through niche marketing, direct marketing and evolving practices improving farm business management and intergenerational transfer of farms and ranches… This element establishes policies that will assist in promoting and marketing agricultural products grown or processed in Sonoma County.”
Issue 2.6: “Regulate the location and intensity of visitor serving uses within agricultural areas.” It states, in part, “The benefits and potential adverse impacts of visitor serving uses vary by agricultural industry. Agricultural tourism is critical in supporting the economic success and continued diversity of the agricultural industry in Sonoma County. It is important to recognize that agricultural tourism directly promotes the sale of agricultural products. Activities such as special events attract customers, build a customer base, market products, and build customer loyalty. However, the economic benefits of agricultural tourism must be balanced against associated impacts such as increased traffic, particularly in areas such as in Sonoma Valley or along routes where multiple visitor serving uses may be hostingevents at the same time. In addition, visitor serving uses must supplement agricultural production, not replace it.“
The following policies and objectives pertain to events and visitor-serving uses at wineries:
Policy AR-3.1: “Avoid the conversion of agricultural lands to residential or non agricultural commercial uses.”
Policy AR-4a: “The primary use of any parcel within the three agricultural land use categories shall be agricultural production and related processing, support services, and visitor serving uses. Residential uses in these areas shall recognize that the primary use of the land may create agricultural “nuisances” situations such as flies, noise, odors, and spraying of chemicals.”
GOAL AR-6: “Allow new visitor serving uses and facilities in some agricultural areas but limit them in scale and location. These uses must be beneficial to the agricultural industry and farm operators and compatible with long term agricultural use of the land.”
Objective AR-6.1: “Give the highest priority in all agricultural land use categories to agricultural production activities. Visitor serving uses shall promote agriculture and enhance marketing of Sonoma County agricultural products, but shall be secondary and incidental to agricultural production.”
Objective AR-6.2: “Permit visitor serving uses in all agricultural land use categories if they support and do not adversely affect the agricultural production activities of the area...”
Policy AR-6a: “Permit visitor serving uses in agricultural categories that promote agricultural production in the County, such as tasting rooms, sales and promotion of products grown or processed in the County, educational activities and tours, incidental sales of items related to local area agricultural products, and promotional events that support and are secondary and incidental to local agricultural production…”
Policy AR-6b: “Except as allowed by Policy AR-6a, prohibit new restaurants and lodging. Recognize existing restaurants or lodging facilities and those which were approved prior to adoption of this plan, but limit their expansion or intensification.”
Policy AR-6c: “Nonagricultural land use categories shall not be applied to lands surrounded by agricultural land use categories for purposes of permitting visitor serving or recreational uses or facilities.”
Policy AR-6d: “Follow these guidelines for approval of visitor serving uses in agricultural areas:
(1) The use promotes and markets only agricultural products grown or processed in the local area.
(2) The use is compatible with and secondary and incidental to agricultural production activities in the area.
(3) The use will not require the extension of sewer and water.
(4) The use is compatible with existing uses in the area.
(5) Hotels, motels, resorts, and similar lodging are not allowed.
(6) Activities that promote and market agricultural products such as tasting rooms, sales and promotion of products grown or processed in the County, educational activities and tours, incidental sales of items related to local area agricultural products are allowed.
(7) Special events on agricultural lands or agriculture related events on other lands in the Sonoma Valley Planning Area will be subject to a pilot event coordination program which includes tracking and monitoring of visitor serving activities and schedule management, as necessary, to reduce cumulative impacts.”
Policy AR-6f: “Local concentrations of visitor serving and recreational uses, and agricultural support uses as defined in Goal AR-5, even if related to surrounding agricultural activities, are detrimental to the primary use of the land for the production of food, fiber and plant materials and may constitute grounds for denial of such uses. In determining whether or not the approval of such uses would constitute a detrimental concentration of such uses, consider all the following factors:
(1)Whether the above uses would result in joint road access conflicts, or in traffic levels that exceed the Circulation and Transit Element’s objectives for level of service on a site specific and cumulative basis.
(2)Whether the above uses would draw water from the same aquifer and be located within the zone of influence of area wells.
(3)Whether the above uses would be detrimental to the rural character of the area.”
Staff Analysis: The primary use of the project site will remain as a vineyard operation. According to the applicant, the purpose of holding weddings, rehearsal dinners, and other corporate events at the site is to promote and market the wine produced from vines grown on the site. Even with the addition of event-related traffic, SR (State Route) 121/Wagner Road is expected to continue operating at acceptable Levels of Service. The well serving the site is in a Zone 1 water area which indicates this aquifer is a sustainable source of groundwater and therefore the County does not require a ground water study. The water demand associated with the proposed events is relatively low due to the limited frequency and hours of the proposed events, and is not expected to significantly impact wells in the area.
All parking will be on-site. For the larger industry wide events parking will be provided in the over flow parking area next to the barrel storage building. Similar to past approvals, weddings and rehearsal dinners at wineries have been a marketing tool to sell their wines and to encourage guests to join the winery’s wine club.
Zoning Ordinance:
The Zoning Ordinance allows for seasonal or year-round sales and promotion of agricultural products grown or processed in Sonoma County, subject to the issuance of a Use Permit and compliance with the criteria set forth in policies AR-6d and AR-6g of the Agricultural Resource Element as follows:
Staff analysis: The project site is within an agricultural land use category and is an existing vineyard operation. The primary use of the project site will remain agricultural production and processing. The purpose for having events at the site is to promote and market the wines produced on site. At each type of event being proposed, the wine produced on site would be served to guests. The primary potential land use conflicts associated with the proposed events is traffic and noise.
No vines would be removed from the site to accommodate the events. It is not expected that the events would be detrimental to the primary land use of the project site which is agricultural production (vineyards) because events would be limited in frequency and hours of operation.
It has been established that events promote agriculture and can be found compatible with surrounding agricultural activities if event hours are limited in size, frequency, and hours. The project would not require the extension of sewer or water. The request for events can be found consistent with the General Plan and Zoning Ordinance policies if considered agriculture promotional and secondary to the existing on-site vineyard and proposed barrel storage facility. No vineyard would be removed and the primary use of the project site remains a vineyard. Currently, neither the General Plan nor Zoning Ordinance place a limit on the number of agricultural promotional events at wineries.Weddings, rehearsal dinners, or small company meetings have been used to market wines by industry and this trend is growing. It is a policy decision for the BZA to determine what types of events are considered agricultural promotions. The BZA has been allowing a restricted number of weddings to ensure the primary focus is promotion of agriculture. Therefore, with this proposal it becomes a determination by the decision-making body whether the number of total events being proposed is compatible with the neighborhood.
The project meets all setbacks (30 feet front, 10 feet side, 20 feet rear), lot coverage (30,000 square feet) and the height limit of 35 feet in the Diverse Agriculture Zoning District. The proposed design of the barrel storage building is styled after a barn and is appropriate for the site and the neighborhood.
Issue #2:Noise
The Environmental Health Specialist of Project Review reviewed the project description and concluded a
Noise study was required due to close proximity of sensitive receptors to the project site. An
Environmental Noise Analysis was prepared by Illingworth and Rodkin.
The primary source of ambient noise in the project area is vehicular traffic on State Route (SR) 121
(Arnold Drive). The nearest residence is located approximately 250 feet to the northwest. The primary
noise producing activities associated with special events at the barrel storage facility would be associated
with sound produced at the event itself.
The site plan indicates three potential use areas for special events,
1.The lawn area between the existing residence and the proposed barrel storage building, and
2.the patio immediately adjacent to the east side of the new building, and
3.inside the barrel storage building.
Outdoor amplified music is not proposed at the facility. Amplified speech and music would only be
allowed inside the new barrel storage building. To facilitate control of the volume and character of
amplified sound, the building would include a sound amplification system that would be used at events. A
standard wood frame building with exterior and interior sheathing at the walls and roof/ceiling, and
standard doors and windows closed in the direction of the receiver, would provide at least 20 dBA of
indoor-to-outdoor noise attenuation. The study concludes that, with the following Mitigation Measures,
the project will comply with County noise limits:
- Amplified music is limited to wedding style (dance music). The amplified music and amplified speech shall only occur inside the proposed barrel storage building, using an “in-house” amplification system. Amplified music shall end no later than 9:30p.m.
- No open doors on the north or west sides of the building are permitted during events. Doors facing east or south can be opened during events.
- Outdoor unamplified music and large group events shall only occur on the lawn area between the
existing building and the new building or on the patio located on the east side of the new building.
- The new building must be constructed of a standard wood frame design with exterior sheathing
consisting of standard exterior wood siding or equivalent, and standard interior sheathing consisting
of either wood or gypsum board.
Issue #3:Traffic
Whitlock & Weinberger Transportation, Inc. (W-Trans) prepared a traffic analysis for the project. The study area consisted of the segment of SR 121 within one-half mile of Wagner Road and the segment of Wagner Road between SR 121 and the project’s entrance. In the vicinity of Wagner Road, SR 121 has two 12-foot travel lanes separated by a left-turn lane, which provides southbound access to Wagner Road. Wagner Road is a two-lane road between SR 121 and the main entrance to Cornerstone Sonoma, which is a commercial facility on Wagner, and then the road becomes a one-lane road.
Wagner Road also provides access to two single-family residences. There are existing turnout areas along Wagner Road that allow vehicles travelling in opposite directions to pass each other. Therefore the two-way single-lane roadway configuration of Wagner Road is expected to adequately serve the proposed project with conditions requiring traffic control.
The Sonoma County Dept. of Transportation and Public Works has required several conditions to reduce potential safety hazards including a fair share contribution to the cost of intersection improvements at the Highway 121/116/Bonneau Road intersection of 0.11%, improving a turnout on the south side of Wagner Rd., trimming or removing shrubs and trees along the edge of Wagner Rd., requiring "Special Event Ahead" signage and on-site traffic control by trained parking attendants at all events to provide for the orderly and efficient movement of vehicles entering the site.