A neighbor to the Leal Vineyards property is having an appeal
heard by the board of supervisors today over his contention that
the county has allowed the business to operate out of compliance
with codes, particularly those restricting noise levels.
A neighbor to the Leal Vineyards property is having an appeal heard by the board of supervisors today over his contention that the county has allowed the business to operate out of compliance with codes, particularly those restricting noise levels.
Supervisors at their meeting will consider the appeal to a San Benito County Planning Commission decision in April to approve Leal’s use permit at the Maranatha Drive property.
Neighbor Bill Lee contends in particular how Leal does not follow noise provisions set forth by the county because the business often operates, along with the accompanying noise, far past the time restrictions. Lee said he wasn’t noticed with adequate time before the commission meeting in April.
Lee also argues in general that the county has allowed Leal to continually violate an array of rules on such matters as a tent that initially was intended as temporary, various permitting issues with that tent, a Fairview Road turn lane the property owner originally vowed to install but never has, the vineyards customers’ use of a public road for parking, and a wine cave with no permit.
“He has regularly and continually broken the law and is trying to get away with preferential treatment,” wrote Lee in a letter to the county. “At an absolute minimum, I beg you to consider the impact of the noise and create some method of noise protection for my property.”
Regarding noise, the county has responded how it has difficulty enforcing such disturbances because its code enforcement division does not own the appropriate noise measuring tool.
The neighbor notes how Leal’s events often are scheduled beyond midnight despite a provision calling for special events there to last no later than 9 p.m. on weekdays and 10 p.m. on weekends. He noted how he reported noise at Leal after 10 p.m. Saturday and that the sheriff’s office allowed the music to last until 11 p.m. He said the vineyards has been out of compliance for seven years.
A set of documents related to the Leal matter do, meanwhile, show that the county continually has warned the property owner about code violations and in March 2009 even issued the vineyards a “stop activities order.”
The appeal will be heard by the board at its 1:30 p.m. session.
