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Analysis Background On December 4, 2008, the Planning Commission approved Use Permit application No. PA-0800266 to convert two agricultural buildings totaling 10,880 square feet into an off-site wine cellar, wine tasting room, and banquet facility with a maximum of twenty-four(24) marketing events per year and a maximum of 150 people per marketing event (Use Type: Wineries and Wine Cellars- Wine Cellar, Off-Site). Improvements that were constructed included a 8,939 square foot conversion of an agricultural building into the banquet facility with a commercial kitchen (BP-0803393) and a 4,441 square foot conversion of an agricultural building into wine tasting, wine display, and commercial kitchen (BP-0803392). On August 27, 2009, the Community Development Department approved Site Approval Application No. PA-0900200 to convert the previously approved two agricultural buildings totaling 10,880 square feet into a small winery with a 300 square foot crushing area (Use Type: Wineries and Wine Cellars- Winery, Small). This permit was in addition to PA-0800266. Improvements that were constructed included a 1,293 square foot conversion of an agricultural building into an office for a winery (BP-1000381) and a 200 square foot crush pad and conversion of a 2,721 square foot portion of an agricultural building into wine storage (BP-1000382). On March 30, 2010, the Board of Supervisions approved Revisions of Approved Actions Application No. PA-0800266 to revise the approved number of people per marketing event from the previously approved 150 people to 370 people and extend the wine tasting hours from Saturdays and Sundays, 10:00 a.m. to 6:00 p.m. to Fridays through Sundays, 9:00 a.m. to 8:00 p.m. On December 13, 2011, the Community Development Department opened an enforcement case (EN-1100543) for violating the Conditions of Approval of Use Permit Application No. PA-0800266 by exceeding the number of approved marketing events per year and for the construction of three retaining walls. On August 29, 2012, the Community Development Department opened another enforcement case (EN- 1200470) for building without permits and a change of occupancy without benefit of proper permits. Structures built without permits include a metal carport structure, two storage containers with attached patio covers, and the previously mentioned retaining walls. The change of occupancy consists of a garage conversion into a dwelling unit. The new property owners acquired the property in May 2012 and are in the process of addressing these violations. These enforcement cases are not a part of this project operation. Use Type Classification The applicant grows tomatoes, squash, pumpkins, watermelons, peppers, cucumbers, apples and peaches at the project site. The proposed use type of Produce Sales- Agricultural Store, Large may be conditionally permitted in the AG-40 zone subject to an approved Use Permit application. Pursuant to Development Title Section 9-115.515, the sale of produce and agricultural products is the primary economic activity of agricultural stores. The applicant is proposing a food preparation area and seating area. The food preparation area must be an accessory use the primary use of selling produce. A maximum of five hundred (500) square feet of the floor area may be used for limited retail sales and food service, i.e., customer seating. The intent is to allow limited retail trade as a supplement to agriculturally based economic activities throughout the County. Produce stands and agricultural stores are intended to be a less intense use than convenience markets pursuant to Development Title Section 9-1070.1. Traditional San Joaquin County PA-1200136Niaggio, Inc. Community Development Page 3