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HomeMy WebLinkAboutMINUTES - 10282014 - D.8RECOMMENDATION(S): 1. OPEN the public hearing and take testimony on the project. 2. CLOSE the public hearing. 3. ADOPT the amendment to the North Gate Specific Plan (County File # SP11-0001) as the fourth amendment to said Specific Plan, to allow limited winemaking/winery operation on a parcel zoned for agricultural use, or on a single-family zoned parcel of not less than 1-acre, if limited to no more than 3,000 cases of wine per year produced on the premises with tastings and tours by appointment only, a maximum of 12 wine marketing events per year, and incidental retail sales as part of the tastings, tours and events ( Refer to Exhibit A). 4. FIND that the proposed amendment to the North Gate Specific Plan is consistent with the overall goals and objectives of the Contra Costa County General Plan (2005-2020) and the North Gate Specific Plan. 5. DENY the appeal of the applicant and UPHOLD the County Planning Commission's (CPC) decision to limit the height of a proposed winery building to 20 feet rather than 28 feet on the project site, located at 900 North Gate Road, as proposed under their Land Use permit/Development Plan and Specific Plan Amendment application. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/28/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: John Oborne 674-7793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 28, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 8 To:Board of Supervisors From:John Kopchik, Interim Director, Conservation & Development Department Date:October 28, 2014 Contra Costa County Subject:North Gate Specific Plan Amendment / Shadowbrook Winery / County File #SP11-0001 RECOMMENDATION(S): (CONT'D) 6. FIND that on the basis of the whole record, including the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for this project ( Refer to Attachment 3 - CPC staff report with MND), that there is no substantial evidence that the project will have significant effect on the environment and that the IS/MND was prepared in accordance with the California Environmental Quality Act (CEQA) and it reflects the County's independent judgment and analysis. 7. ACCEPT the recommendation of the County Planning Commission as contained in their Resolution No. 5-2014 (Refer to Attachment 1). 8. ACCEPT the recommendation of the Walnut Creek City Council as contained in their Resolution No. 14-54 ( Refer to Attachment 2). 9. ADOPT Board Resolution No. 2014/152 as the basis for the Board's decision. 10. DIRECT staff to post a CEQA Notice of Determination for the Mitigated Negative Declaration for this project with the County Clerk. FISCAL IMPACT: None. All costs to process this application are borne by the applicant. BACKGROUND: The North Gate Specific Plan (NGSP), adopted in June 1991, was the result of a joint planning effort between the County and the City of Walnut Creek to provide additional guidance and detail for the 507 acre North Gate area that is comprised of unincorporated and incorporated lands. The Specific Plan includes goals and policies that are designed to retain and support the semi-rural, recreational and agricultural uses of the area. Uses in the Specific Plan area are limited to residential, agricultural, equestrian, recreational, and open space. According to the NGSP all applications within the Specific Plan area should be referred by the agency which receives the application to the other jurisdiction's planning staff for review and comment. Because the adopted Specific Plan seeks to reconcile any conflicts between the two jurisdictions' planning documents and objectives, the possibility of disagreement over applications should be minimal. In 2004 an application was filed by Mr. Timothy Jockner to amend the NGSP to allow a limited wine making / winery operation ( up to 1,000 cases of wine per year) as a conditionally permitted use within the Specific Plan area. In November of 2004 the Board of Supervisors approved the amendment , and, after obtaining approval of a Land Use Permit (County File # LP05-2081) Mr. Jockner built a small winery, limiting production up to 1,000 cases of wine per year. That winery. which is located approximately one half mile to the north of the subject property, has been in operation for a number of years. Mr. Jockner is now requesting that the NGSP be amended again to allow for a slightly larger scale operation that is limited to no more that 3,000 cases of wine per year produced on the premises, open by appointment only, with retail sales and 12 wine marketing events per year. The NGSP amendment request also included construction of a 28-foot tall winery building on the project site. This amendment would be the fourth amendment to the NGSP since its adoption in 1991. In conjunction with the request for the Specific Plan Amendment, the applicant is also requesting approval of a Land Use Permit / Development Plan for the establishment of a winery operation and construction of a 28 foot tall winery building on the project site . County Planning Commission Hearing January 28, 2014 The County Planning Commission (CPC) held a public hearing on January 28, 2014 to consider the proposed project. After evaluating the project in its entirety, including all public testimony and evidence in the record, the CPC unanimously voted to approve the Land Use Permit / Development Plan to establish a winery operation on the site, including a winery building, but limited the height of the winery building to 20 feet, instead of the 28 feet as proposed by the applicant under their Land Use Permit/Development Plan and Specific Plan Amendment application. The CPC determined that since the project site currently only allows for 20-foot tall structures according to both the NGSP and the zoning for the site, there was no compelling reason to increase the allowable building height from 20 feet to 28 feet. Therefore, the Commission did approve the construction of a 20 foot tall winery building and did not approve increasing the height to 28 feet as requested by the applicant. The Commission also adopted a motion to recommend that the Board of Supervisors approve an amendment to the NGSP to allow for the following: Limited wine making on a parcel zoned for agricultural use, or on a single-family zoned parcel of not less than 1 acre, if limited to no more than 3,000 cases of wine per year produced on the premises with tastings and tours by appointment only, retail sales of wine and a maximum of 12 wine marketing events per year . On March 11, 2014 the Planning Commission adopted Resolution No. 5-2014 based on the findings in the January 28, 2014 Planning Commission staff report with additional Development Plan findings. See Attachment 1 for a copy of Resolution No. 5-2014. City of Walnut Creek Planning Commission Hearing On June 12, 2014 the Walnut Creek Planning Commission held a public hearing on the proposed NGSP amendment, and after considering all testimony they recommended to the Walnut Creek City Council approval of the proposed amendment to allow "Limited winemaking/winery operation on a parcel zoned for agricultural use, or on a single-family zoned parcel of not less than 1-acre, if limited to no more than 3,000 cases of wine per year produced on the premises with tastings and tours by appointment only, a maximum of 12 wine marketing events per year, and incidental retail sales as part of the tastings, tours and events". The Walnut Creek Planning Commission recommended clarifying the retail sales element of the proposed amendment so that it is " incidental to the tastings, tours and events". County staff agrees with this clarification. On August 19, 2014 the Walnut Creek City Council approved the amendment to the NGSP as recommended by the Walnut Creek Planning Commission and contained in City of Walnut Creek Resolution Number 15-54 (Refer to Attachment 2). Appeal Filed by the Applicant On February 7, 2014 , an appeal to the building height limitation was filed by the Applicant (Refer to Attachment 4). They are appealing the CPC's decision to limit the height of the winery building to 20 feet, instead of the 28 feet that was requested by the applicant. Below are the appeal points followed by staff response. Summary of Appeal Point: The Applicant is appealing the CPC decision to restrict the height of the proposed Winery Building to 20-feet, instead of the 28-feet that was requested by the Applicant. Staff Response: The parcel on which the winery building is proposed is part of a previously approved Subdivision and Development Plan (County Files SD04-8824 & DP04-3023), which restricted the height of the primary structure on this parcel to 20 feet. In addition, the North Gate Specific Plan restricts the height of new homes along North Gate Road to 20 feet. The reason for the restriction is to preserve a sight line of the hills and to avoid larger structures appearing too close to the road and creating a tunnel or closed-in effect. Limiting the Winery building to 20 feet in height preserves the semi-rural character of the area is consistent with the intent of the NGSP. Subsequent Correspondence On June 23, 2014 the County received an email from a neighbor who attended the June 12, 2014 Walnut Creek Planning Commission hearing regarding this project (Refer to Attachment 5). In the email she indicated that the project owner, Mr. Jockner, spoke at the meeting during which he stated that, last year, he processed 35 tons of grapes at his existing Shadowbrook Winery located at 3739 Shadowbrook Court, which is equivalent to 2,000 cases per year. This, according to the neighbor, is a violation of his existing permit, which only allows up to 1,000 cases per year. Staff contacted the owner regarding this concern and he stated that he processed 35 tons of grapes, which is equivalent to 2,000 cases of wine this past year, not that the winery produced 2,000 cases. All of that wine is still in bulk status or in barrels and none of it has been bottled according to the owner. Additionally, the neighbor had a second complaint that the owner's website advertises special events at their existing winery, which is not allowed under their permit. Staff contacted the owner regarding this matter and they indicated that most of the information is coming from the Shadowbrook website,which is outdated. They are now in the process of updating the website and eliminating the misleading information. Any other entertaining that is done at 3739 Shadowbrook Court is hosted by the Jockner's, with friends and family, as a private party in their residence, which is located across the street. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the Amendment to the NGSP, the applicant cannot implement the proposed project (production of up to 3.000 cases of wine year annually on the project site with tastings and tours by appointment, 12 wine marketing events per year and incidental retail sales as part of the tastings and tours). If the Board does not deny the appeal of the applicant to construct a 20 foot tall Winery Building, the applicant would be allowed to construct the Winery Building at 28 feet tall. CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM Speakers: Tim Jochner, applicant (handout attached); residents of Walnut Creek: Penelope Denenberg (handout attached); Sydney Austin; Brenda De La Osssa; Jean Rennette; Tineke Jacobsen; Greg Sorensen; Mike Wentzell; Carole Mason; Kathleen Wenzell; Dan Denenberg; Ralph Hoffmann. Steve Martin, resident of Sebastopol. Robin Foorman and Steve Chappell did not wish to speak, but left written commentary for the Board's consideration (attached). CLOSED the public hearing; ADOPTED the amendment to the North Gate Specific Plan as the fourth amendment to said Specific Plan, to allow limited winemaking/winery operation on a parcel zoned for agricultural use, or on a single-family zoned parcel of not less than 1-acre, if limited to no more than 3,000 cases of wine per year produced on the premises with tastings and tours by appointment only, a maximum of 12 wine marketing events per year, and incidental retail sales as part of the tastings, tours and events; FOUND that the proposed amendment to the North Gate Specific Plan is consistent with the overall goals and objectives of the Contra Costa County General Plan (2005-2020) and the North Gate Specific Plan; GRANTED the appeal of the applicant to allow a 28 foot height on the proposed winery building on the project site, located at 900 North Gate Road based on the following finding : that the modification is consistent with the intent and purpose of the P-1 district and compatible with other uses in the vicinity, both inside and outside the district; GRANTED the appeal of the applicant and REJECTED the County Planning Commission's (CPC) decision to limit the height of a proposed winery building to 20 feet rather than 28 feet on the project site, located at 900 North Gate Road, as proposed under their Land Use permit/Development Plan and Specific Plan Amendment application; FOUND that on the basis of the whole record, including the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for this project, that there is no substantial evidence that the project will have significant effect on the environment and that the IS/MND was prepared in accordance with the California Environmental Quality Act (CEQA) and it reflects the County's independent judgment and analysis. ACCEPTED the recommendation of the County Planning Commission as contained in their Resolution No. 5-2014, with the exception of the recommendation to limit the building height to 20 feet; ACCEPTED the recommendation of the Walnut Creek City Council as contained in their Resolution No. 14-54; ADOPTED Board Resolution No. 2014/152, as amended today to allow for a winery building height of 28 feet, as the basis for the Board's decision; DIRECTED staff to post a CEQA Notice of Determination for the Mitigated Negative Declaration for this project with the County Clerk. ATTACHMENTS Resolution No. 2014/152 Attach. 1 - CPC Resolution No. 5-2014 Attach. 2 - City of Walnut Creek Resolution No. 14-54 Attach. 3 - CPC Staff Report w/ MND Attach. 4 - Appeal Letter Attach. 5 - Correspondence Attach. 6 - Notification List Attach. 7 - Power Point Presentation Exhibit A - Proposed North Gate Specific Plan Amendment 138110002 DAVIDSON CLYDE E & MARY TRE 800 NORTH GATE RD WALNUT CREEK CA 94598-4625 138110004 LEE JONATHAN SING 830 NORTH GATE RD WALNUT CREEK CA 94598-4625 138110005 LEE JONATHAN SING 830 NORTH GATE RD WALNUT CREEK CA 94598-4625 138120005 KATCAR PROPERTIES LLC 3740 SHADOWBROOK CT WALNUT CREEK CA 94598-4605 138200003 DIMAGGIO VINCENT P TRE 265 N GATE RD WALNUT CREEK CA 94598-4612 138130001 DENEBERG DANIEL & PENELOPE TRE 801 NORTH GATE RD WALNUT CREEK CA 94598-4624 138190004 LANDIS GAIL A 851 NORTH GATE RD WALNUT CREEK CA 94598-4624 138190005 BOYER RAYMOND D TRE 1325 LA CRESCENTIA DR CHULA VISTA CA 91910-7941 138190006 FARRELL MICHAEL G TRE 909 NORTH GATE RD WALNUT CREEK CA 94598-5101 138190007 PIKU LLC 925 NORTH GATE RD WALNUT CREEK CA 94598-5101 138190010 FLYNN MICHAEL & DENISE 957 N GATE RD WALNUT CREEK CA 94598-5101 138190016 HULTIN O ANDERS TRE 846 GAIL CT WALNUT CREEK CA 94598-5143 138190017 DAVIES ROBERT W & ANGELICA 842 GAIL CT WALNUT CREEK CA 94598-5143 138190018 FAST TERRY A & LAURA S 838 GAIL CT WALNUT CREEK CA 94598-5143 ANGELICA DAVIES 842 GAIL COURT WALNUT CREEK, CA 94598 DR TORSTEN JACOBSEN 777 NORTH GATE ROAD WALNUT CREEK, CA 94598 MIKE FARRELL 909 NORTH GATE RD WALNUT CREEK, CA 94598 CAROLE MASON 255 NORTH GATE RD WALNUT CREEK, CA 94598 ROBIN FOORMAN 3120 HACKNEY LANE WALNUT CREEK, CA 94598 GREG SORENSEN 634 NANTUCKET CT WALNUT CREEK, CA 94598 TERRY FAST 838 GAIL COURT WALNUT CREEK, CA 94598 KAREN KREUGER 3054 EBANO DRIVE WALNUT CREEK, CA 94598 KATE HOLTIN 846 GAIL CT WALNUT CREEK, CA 94598 MARGARETA ANDERSON 3145 HACKNEY LN WALNUT CREEK CA 94598 LISA WEAVER 846 GAIL CT WALNUT CREEK, CA 94598 MARK LAVEZZOLI 10 WIDMAR CT CLAYTON CA 94517 JOYCE PAYNE 851 NORTH GATE RD WALNUT CREEK, CA 94598 ELISE NAI 821 BERTRAM ST WALNUT CREEK, CA 94598 ANNE SORENSEN 634 NANTUCKET CT WALNUT CREEK CA 994598 RALPH DEFRANCO 3145 HACKNEY LN WALNUT CREEK, CA 94598 TIM JOCHNER 3740 SHADOWBROK CT WALNUT CREEK, CA 94598 STEVE MARTIN 130 S MAIN STREET SEBASTOPOL, CA 95472 LEWIS SAMUELS 1101 SEBASTIAN LANE WALNUT CREEK, CA 94598 ANDRIA DAVIES 842 GAIL CT WALNUT CREEK, CA 94598 PUBLIC WORKS / ENGINEERING SERVICES BUILDING INSPECTION HSD, ENVIRONMENTAL HEALTH PUBLIC WORKS TRAFFIC ADVANCE PLANNING PAT ROCHE HISTORIC RESOURCES 150 PROFESSIONAL CENTER DR. ROHNERT PARK, CA 94928 CA DEPT. FISH AND WILDLIFE 7329 SILVERADO TRAIL NAPA, CA 94558 CONTRA COSTA FIRE DISTRICT INTEROFFICE CENTRAL CC SANITARY DISTRICT 50 IMHOFF PLACE MARTINEZ, CA 94553 CONTRA COSTA WATER DIST 1331 CONCORD AVE CONCORD, CA 94524 CITY OF WALNUT CREEK ATTN: ALAN CARREON 1666 N. MAIN ST. WALNUT CREEK, CA 94596 COUNTY GEOLOGIST DARWIN MYERS MT. DIABLO STATE PARK 96 MITCHELL CANYON RD. CLAYTON, CA 94517 SAVE MOUNT DIABLO 1901 OLYMPIC BLVD, STE. 320 WALNUT CREEK,CA 94596 PUBLIC WORKS / STORMWATER CONTROL MT. DIABLO INTERPRETIVE ASSN. P.O.BOX 346 WALNUT CREEK, CA 94597 Vicinity Map1 Proposed Shadowbrook Winery Project Site within the approved 15 lot subdivision. Including entry gate, with pathway along North Gate Rd, 7 acres of vineyards and olive orchard. There are no homes on the subdivision site. 2 Closer view of entry gate to proposed winery site from North Gate Rd.3 View of site from pathway along Northgate Road4 View of proposed winery from Northgate Road5 Site plan of proposed winery showing gated entrance to subdivision, frontage of the winery and parking. 6 EXHIBIT A RESOLUTION NO. 2014/152 County File #SP11-0001 The following changes are to be incorporated into the text of the North Gate Specific Plan under the amendment: At page 17, North Gate Specific Plan, under the heading “Conditionally Permitted Use” add a new bullet: x “Limited winemaking/winery operation on a parcel zoned for agricultural use, or on a single-family zoned parcel of not less than 1-acre, if limited to no more than 3,000 cases of wine per year produced on the premises with tastings and tours by appointment only, a maximum of 12 wine marketing events per year, and incidental retail sales as part of the tastings, tours and events. At page 17, North Gate Specific Plan, under the heading “Conditionally Permitted Use” delete the following bullet: x Limited winemaking/winery operations on a parcel zoned for agricultural use, or on a single-family residential parcel of not less than 1-acre, if limited to no more than 1,000 cases of wine per year produced on the premises, and retail sales, tastings, and tours are not allowed.