Use permit, status of neighbor’s appeal pushed back again by
supes
A decision on the continuing saga of Leal Vineyards’ use permit
and its neighbor’s appeal was pushed back a third time Tuesday to
the Sept. 14 meeting by the San Benito County Board of
Supervisors.
The postponement came after Interim Planning Director Cathy
Woodbury gave examples how owner Frank Leal is getting his winery
under compliance, but he needs more time to complete the work.
At Tuesday’s meeting, the board of supervisors granted Leal a
six-week extension because of the
”
extensive
”
work he has already done to the area. There still were some
questions about the property.
Leal has been applying for the use permit, which initially was
OK’d by the planning commission before an appeal by the vineyards’
neighbor, Bill Lee, who laid out a list of violations at the
property for consideration by supervisors.
Use permit, status of neighbor’s appeal pushed back again by supes
A decision on the continuing saga of Leal Vineyards’ use permit and its neighbor’s appeal was pushed back a third time Tuesday to the Sept. 14 meeting by the San Benito County Board of Supervisors.
The postponement came after Interim Planning Director Cathy Woodbury gave examples how owner Frank Leal is getting his winery under compliance, but he needs more time to complete the work.
At Tuesday’s meeting, the board of supervisors granted Leal a six-week extension because of the “extensive” work he has already done to the area. There still were some questions about the property.
Leal has been applying for the use permit, which initially was OK’d by the planning commission before an appeal by the vineyards’ neighbor, Bill Lee, who laid out a list of violations at the property for consideration by supervisors.
The board Tuesday called for a complete plan by Sept. 14 and a decision regarding the building permits for a residential house and “workshop” on the property. Leal has expressed interest in hosting a bed and breakfast, but the house and “workshop” would need building and commercial use permits.
The “workshop” is not in compliance because of a kitchen that does not have a proper permit, county counsel Matt Granger said.
Leal representative Matt Kelley, a local engineer, said Leal still is weighing his options regarding the buildings – realizing that he could miss the opportunity to expand his business.
Leal could add the buildings to the current use permit and set up a development timeline to get the building under compliance, Granger said. But Leal also hoped to have the bed and breakfast separate from the winery.
“He has been informed of all this information,” Granger said. “We have had in-depth discussions with Mr. Leal’s representatives.”
But the board felt a decision has to be made before the project could move forward.
“We need to know one way or the other,” Supervisor Anthony Botelho said. “I want a commitment on a direction.”
Leal is still making progress on getting the rest of his property under compliance, Woodbury said.
Woodbury listed his work on installing sprinklers and issuing a permit to change the temporary tent structure to permanent as examples how he is trying to get under compliance with the county.
A draft traffic study, compiled by Leal, was given to the county Monday and it outlined the need for a left-hand turn lane on Maranatha Drive. The county is processing the document, Woodbury said. A major issue for the county and Supervisor Reb Monaco was noise, the basis for the appeal of Leal’s neighbor.
“Hopefully, we can have something that is fair and enforceable,” Monaco said.
The county has asked for a detailed plan that would list each scheduled event at the vineyard and the time each would end. If something went past 10 p.m. the county would need to approve it. Lee warned that stronger mitigation measures needed to be addressed.
“Right now the game plan is for Frank to self-monitor on noise – I need something more concrete,” Lee said.
Monaco assured Lee that the county would shut the vineyard down if it did not comply with noise laws.
“These are the conditions we will have in place and if he doesn’t follow them we have the power to stop him,” Monaco said. “I understand your concerns – you will have to have faith in the county.”
In a June 22, meeting the county and Leal’s representatives agreed to have his property under compliance with the county’s fire and building codes by an Aug. 1 deadline. It was the second meeting in front of the Board of Supervisors about this matter.
Leal agreed to stop all events and parties after that date. The winery’s website does not list any scheduled events.
The issue started in early June after Leal neighbor Lee filed an appeal to the Planning Commission’s April decision to approve a use permit to the property.
Lee complained of noise violations before giving examples of other items with which Leal wasn’t under compliance. At that meeting, Leal threatened to leave the county if his permit wasn’t approved and he later stormed out of the room before the meeting ended. The following week, Leal posted a “For Sale” sign in front of his property.
Leal has not attended the last two meetings regarding his use-permit.
