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Analysis <br /> Phasing <br /> The applicant is proposing to develop the winery over a 12-year period. Initially, Phase I will include a <br /> small tank farm, presses, maintenance building, and retention basin. During this phase, the applicant <br /> has stated he plans to remove the existing orchard in the area between Phase I development and River <br /> Road and plant a vineyard, which will serve to buffer the wine making operations from residents on River <br /> --'-ad. Ultimately, in Phase V, the applicant is proposing to construct a warehouse/office building in this <br /> area, at which time the frontage along River Road will be required to be landscaped. <br /> The applicant is requesting that the project be developed over a 12-year period in five phases. The <br /> Community Development Department is recommending that phasing be approved only for a period of <br /> five years. <br /> Williamson Act <br /> The project site is currently under Williamson Act contract. Section 9-1810.3(b)(1)(G) of the <br /> Development Title lists the "Agricultural Processing" use type as a use permitted on land under contract. <br /> Neighborhood Opposition <br /> Two letters and a petition containing 31 signatures have been received in opposition to the proposed Use <br /> Permit. The opponents have raised the following points: <br /> 1. Potential impacts to groundwater quality from the retention pond; <br /> 2. Increased traffic; <br /> 3. Odor; and <br /> 4. Need to prepare an Environmental Impact Report (EIR). <br /> With respect to concerns raised relative to groundwater contamination, the retention/process water <br /> holding basin will be subject to permit and regulation by the Regional Water Quality Control Board. <br /> The Department of Public Works is recommending as a Condition of Approval that a traffic study be <br /> prepared to identify any needed improvements that may result from operation of this facility. <br /> In response to the opponents' contention that an EIR is necessary, the CEQA Guidelines specify that an <br /> agency shall prepare an EIR when there is substantial evidence that a project may have a significant <br /> effect on the environment (Section 15064). The term "substantial evidence" includes facts, fact-related <br /> reasonable assumptions, and expert opinion. It does not include arguments, speculation, <br /> unsubstantiated opinion or narrative, clearly inaccurate or erroneous evidence, or socioeconomic <br /> impacts not related to the physical environment (Public Resource Code Sections 21080[e] and <br /> 21082.2[c]). No evidence was submitted by the opponents to substantiate their contention that an EIR <br /> should be prepared. <br /> San Joaquin County UP-98-1\Brown's Lake Ranch <br /> Community Development Page 7 <br />