County supervisors delay decision on use permit for local
winery
Supervisors agreed to continue an appeal of the Planning
Commission’s April decision to grant a use permit to Leal Vineyards
to Aug. 3 after owner Frank Leal’s attorney, in a letter, agreed to
be compliant by an Aug. 1 deadline.
County supervisors delay decision on use permit for local winery
Supervisors agreed to continue an appeal of the Planning Commission’s April decision to grant a use permit to Leal Vineyards to Aug. 3 after owner Frank Leal’s attorney, in a letter, agreed to be compliant by an Aug. 1 deadline.
It was the second time the board has continued the discussion after doing the same on June 1. The board listened to presentations from four different departments’ staff members, who had met with Leal, on how he could get into compliance. The focus was on fire codes, housing codes, noise and traffic.
Leal, who was not present, agreed to the terms that the county and his representatives discussed in a June 16 meeting.
The terms include the implementation of all the recommendations from a June 14 fire code inspection and that Leal would stop using the barrel room for occupancy until he installs sprinklers.
In regard to noise, which is the basis of neighbor Bill Lee’s appeal, Leal agreed to shut down all activities at the tent structure at 10 p.m., unless the event is on a special occasion such as New Year’s Eve. The county also agreed to set a different curfew time for the indoor barrel room.
But the county would need to approve all events going past 10 p.m. beforehand, County Counsel Matthew Granger said.
Leal would have some level of sound monitoring and out of fairness, the county wouldn’t sit and wait to see if a Leal event surpasses 10 p.m., said Assistant Planner Byron Turner. Implementation of the time would be at the staff’s discretion.
Supervisor Reb Monaco thought there needed to be a more clear definition, believing that the county needs to set a time and stick with it.
“We have to have standards and we need to have a clear definition of what the consequences are if you exceed those standards,” he said.
Supervisor Pat Loe warned that if they county allowed some leeway it could turn into a slippery slope.
And Supervisor Jaime De La Cruz agreed.
“We need to spell it out and tell him this is how it’s going to happen,” he said.
Another issue with the fire code was the temporary tent structure that has been used as a permanent fixture.
According to the definition of a temporary structure, the tent must be taken down within 180 days after it was erected.
“With no changes it would have to be removed,” said Curt Itson, a Calfire official.
If the tent is deemed permanent it still would need to pass fire code. To do so Leal would install two hydrants on site because installing sprinklers would be an engineering problem, Itson said.
In the letter to the county, dated June 22, Leal said work already is being done to meet the Aug. 1 deadline. Afterward, Leal is not permitted to hold any events at the structure.
Until the site is in compliance with the fire code, Leal will have fireguards on site during all previously scheduled events – such as weddings, Itson said. To comply with traffic regulations, Leal will complete his traffic report with the correct speed limit of Fairview Road and will build a left-turn lane if the report stipulates that it’s needed.
The county Public Works Administrator Steve Wittry said the department has intentions of posting “no parking” sings on Maranatha Drive, which is currently used for parking. All vineyard parking would have to be in the parking lot.
Leal also agreed to get permits for a permanent tent structure and the wine cave. Leal is considering designating the two homes, one of which is red tagged, on his site as part of his commercial business. If he decided to do that, Leal would reopen the project to the planning commission.
Leal could get a permit for the flagged residence but can’t use either building for commercial use until he goes back to the planning commission. Leal has yet to make a decision.
