COUNTY OF SANTA BARBARA PLANNING AND DEVELOPMENT MEMORANDUM TO: Santa Barbara County Planning Commission FROM: Florence Trotter-Cadena, Senior Planner Development Review Division HEARING DATE: May 12, 2010 RE: Conceptual Review of Roblar Winery Pre-Application ; APN: 141-030-051, -052 1.0 REQUEST Request by the Richard Foster, agent for Roblar Winery for Planning Commission Conceptual Review of a Pre-Application for the following changes to the approved Development Plan (98- DP-035): 1) an increase in Special Events from two to twelve events (the number of special events allowed for a Tier III winery); 2) increased hours of operation; 3) allowance of Outdoor Amplified Music during special events; and 4) Food Sales in conjunction with wine tasting onsite. In addition, the applicant requests input on the permit process for onsite establishment of: 1) a Country Club with a Bocce Club and Restaurant; and 2) a Culinary School with weekly classes and a maximum of 24 students per class. The application involves Assessor Parcel Numbers 141-030-051, and -052, located at the southwest corner of the intersection of Roblar Avenue and Highway 154, known as 3010 Roblar Avenue and 2200 Refugio Road, respectively, in the Santa Ynez Area, Third Supervisorial District. 2.0 CONCEPTUAL REVIEW Staff and the applicant solicit individual Commissioners preliminary comments on the proposed project with respect to appropriate: 1) Accessory uses (type and intensity level) allowed onsite within the context of the approved winery Development Plan; and 2) Permitting options for intensification of use onsite pursuant to the Comprehensive Plan and the Land Use Development Code (LUDC).
Page 2 3.0 PROJECT DESCRIPTION Pre-Application Assessment Request: The submitted Pre-Application requests the following changes to approved Development Plan, 98-DP-035: 1) an increase in Special Events from two to twelve events (the number of special events allowed for a Tier III winery); 2) increased hours of operation; 3) allowance of Outdoor Amplified Music during special events; and 4) Food Sales in conjunction with wine tasting onsite. In addition, the applicant requests input on the permit process for onsite establishment of: 1) a Country Club with a Bocce Club and Restaurant; and 2) a Culinary School with weekly classes and a maximum of 24 students per class. 4.0 ISSUE SUMMARY 4.1. Operation of Food Service: The Roblar Winery is currently serving lunch on Monday through Friday, 11:00 a.m. to 4:00 p.m. and Saturdays 11:00 a.m. to 3:00 p.m., and brunch on Sunday from 11:00 a.m. to 3:00 p.m. This activity falls outside the scope of allowed uses for wineries because restaurants are not a permitted use in the AG-I-40 zone district or in conjunction with the winery provision under the Land Use and Development Code. Permit Compliance has directed the applicant to cease food service at the winery site. Additional permit compliance issues have also been recently raised and are included in the subject Pre-Application. The department has issued and continues to issue Notice of Violations and Notice of Determinations. 4.2. Special Events: The original project request was for six (6) annual events of up to 200 guests accompanied by amplified music and sound. These events would conclude by 7:00 p.m. and all clean-up activities would cease by 8:00 p.m. and a maximum of two (2) annual events of up to 100 guests accompanied by non-amplified music and sound only. These events would cease by 10:00 p.m. and all clean-up activities would conclude by 11:00 p.m. The Board of Supervisors, on appeal, approved the Roblar Winery Development Plan in 2000, with a limitation of two special events annually, among other things. These limitations on special events by the Board of Supervisors focused on a number of issues, including traffic, noise, lighting, prominent location, and the increasing number of wineries within the Santa Ynez Valley that included special events. On July 6, 2004, the Board of Supervisors adopted the LUDC winery provisions which established development standards for three levels of intensity (tiers), with Tier III providing the highest level of intensity in terms of both wine production and special events. Since the adoption of these standards occurred subsequent to the approval of Roblar Winery, their request is to be
Page 3 consistent with the Tier III winery provision of the LUDC. The limitations placed on the approved project are compared to the standards contained in the LUDC in Table 1 below: Table 1 ROBLAR TIER III WINERY 98-DP-35 PERMIT RESTRICTIONS LUDC TIER III WINERY PROVISIONS SPECIAL EVENTS 2 events for up to 100 people 12 per year for up to 200 HOURS OF OPERATION AMPLIFIED MUSIC 10:00 a.m. to 4:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. Saturday, Sunday and National Holidays No outdoor amplified music or sound was permitted people Hours of Operation not specified. 10:00 am to 8:00 pm with the amplified music ceasing at 7:00 pm ANCILLARY USES Not Specified Sales of wine-related items, including souvenirs and clothing bearing the logo of the winery, as well as other items and products that reflect or enhance the character or theme of the winery. No reference is made to the sale of food. The attached Table 2 (Attachment D) identifies the approved wineries in the unincorporated area of Santa Barbara County. Please note the column referencing special events for an indication in the variation between approved wineries. 5.0 BACKGROUND 5.1 Approved Development Plan On February 2, 2000, the County Planning Commission approved the Development Plan (98-DP- 35). On February 11, 2000, the approval was appealed to the Board of Supervisors (98-DP- 035AP) based on the contention that an Environmental Impact Report (EIR) should have been prepared. On July 25, 2000, the Board of Supervisors denied the appeal and upheld the Planning Commission approval, with the following change to the Conditions of Approval: Special Events were limited to a maximum of two (2) one-day special events per year of up to 100 guests with no outdoor amplified music or sound. These events would conclude by 10:00 p.m. and all cleanup activities would conclude by 11:00 p.m.
Page 4 The existing project description, approved by the Board of Supervisor s on July 25, 2000, was for approval of a Final Development Plan to develop a 11,850 s.f. winery complex (including 1,200 s.f. of residential space), and a 2,400 s.f. storage building. The approval included wine production of up to 20,000 cases annually, a wine tasting room, and a maximum of two (2) oneday special events per year of up to 100 guests with no outdoor amplified music or sound. These events would conclude by 10:00 p.m. and all clean-up activities would conclude by 11:00 p.m. with catering services would prepared the food off-site. On June 19, 2008, approval of a Substantial Conformity Determination (08SCD-00000-00020) approved the construction of an approximately 3,379 square feet Clubhouse and Barrel Storage building. On July 22, 2008 a land use permit was issued for the clubhouse and barrel storage building. However, when staff was requested to stamp the building plans the original holding kitchen with a counter area and double sink was revised to show a full commercial kitchen. To date, the building permit has not been issued. Four additional substantial conformity determinations were approved between 2004 and 2007, for a number of issues including driveway location, warehouse and production buildings; landscaping, and kitchen addition. 5.2 Permit Compliance Monitoring 01PMC-00000-00010: P&D received a report of project non-compliance on March 27, 2009 regarding the advertising of a Sunday Brunch on a removable sign. A Notice of Violation (NOV) dated September 21, 2009, notified the owner of non-compliance with conditions which included: 1) unpermitted special events with amplified music; 2) unpermitted food service (lunches/restaurant); 3) unpermitted cooking school; and 4) unpermitted hours of operation. A Notice of Determination of Fines (NOD), dated January 13, 2010, assessed a fine in the amount of $3,000.00. A second NOV, dated January 13, 2010, addressed the same violations of the 09/21/09 NOV. A second NOD, dated February 19, 2010, increased the noncompliance fine by an additional $6,000. A third NOV, dated February 19, 2010, identified remaining violations as: 1) unpermitted special events with amplified music including weddings on site; 2) unpermitted food service with wine paired lunches and wine-paired Sunday brunches (restaurant); and 3) unpermitted cooking school. An Appeal hearing was conducted by the P&D Deputy Director of Administration on March 3, 2010 regarding both NODs ($3,000 and $6,000 respectively). At the hearing, the applicant stated that the food sales enhanced the character and theme of the winery in conformance with the Land Use and Development Code Section 35.42.280.D.7.c, Wineries Tasting Rooms (see Attachment B). On March 10, 2010, the hearing officer waived the fines, acknowledged the Planning Commission hearing for conceptual review of the project providing that there are no unpermitted cooking classes and special events conducted at the winery in the next sixty days and that lunch and brunch service is discontinued during this period (see Attachment A).
Page 5 6.0 Relationship to Santa Ynez Community Plan Any future lighting would be required to be consistent with the Outdoor Lighting Regulations for the Santa Ynez Valley Community Plan Area. Currently, Roblar Winery is consistent with the lighting approved for their project. 7.0 Permitting Process 7.1 Land Use and Development Code Ordinance Compliance The LUDC allows for following: 1) number of events allowed for a Tier III Winery are 12 events with a maximum, not to exceed 200 attendees; 2) the zoning ordinance does not state hours of operations; 3) it does limit the use of outdoor amplified music from 10 a.m. to 8 p.m.; and 4) allows for the sales of souvenirs and clothing bearing the logo of the winery, as well as wine related items and other wine related products that reflect or enhance the character or theme of the winery. However, the LUDC is silent on the sale of food. Currently the winery is serving lunches on Monday through Friday, 11:00 a.m. to 4:00 p.m. and Saturdays 11:00 a.m. to 3:00 p.m. Brunch is served on Sunday from 11:00 a.m. to 3:00 p.m. 7.2 Revised Final Development Plan and Conditional Use Permit Development Plan and Conditional Use Permit Code Requirements: Approval of the proposed changes associated with this request would require a Revision to the approved Development Plan, with review and approval by the County Planning Commission in compliance with Section 35.42.280 for wineries. Section 35.82.084.4.E requires that any revision to the original Development Plan be obtained prior to the issuance of any Zoning Clearance Permit for the proposed changes. In addition, a Conditional Use Permit would also be required to be submitted for the approval of a country club facility which would include a restaurant for country club members. ATTACHMENTS A. Fine Appeal Determination Letter dated March 10, 2010 B. Section 35.42.280 Wineries C. Board of Supervisors Action Letter dated July 25, 2000 D. County-approved Wineries Table E. Vicinity Map F. Existing Site Plan G:\GROUP\PERMITTING\Case Files\PRE\10 cases\ Roblar Winery Pre-Application\10PRE- 00000-00002 PC Staff Report.doc