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Analysis Backaround On July 22, 2005, the Community Development Department approved Site Approval application No. PA-0500306 for a small winery with a maximum of four (4) marketing events per year with a maximum attendance of twenty-five(25)people per marketing event(Use Type: Wineries and Wine Cellars-Winery, Small). The improvements included the construction of a 3,322 square foot bottling plant with offices, display area, and mezzanine and the construction of a 5,200 square foot building with barrel storage, wine tasting, and a caretaker residence. The wine tasting room is open seven days a week from 7:00 a.m. to 5:00 p.m. and employs five employees. The applicant anticipates a maximum of 100 customers per day. If the project is approved, there will be twenty-four marketing events per year and four special events per year. The marketing events and special events each expect a maximum attendance of 150 people and will operate from 6:00 P.M. to 10:00 P.M. This item, which would ordinarily be processed at staff level, is being referred to the Planning Commission because of neighborhood opposition. Enforcement The Community Development Department opened an enforcement case (EN-1200170) for this property on April 12, 2012. Enforcement action was taken due to the construction of the wine garden without the benefit of required permits and expansion of the land use without benefit of required permits. Upon further review of the property, a commercial kitchen was also constructed without the benefit of required permits and the applicant also exceeded the permitted attendance at marketing events from the maximum permitted number of twenty-five (25)people. The applicant submitted the subject Site Approval application on April 20, 2012 to include the construction of the wine garden comprised of the stage, dining, and seating area, commercial kitchen, and increase in number of marketing events and number of attendees. On June 22, 2012, the Community Development Department met with the applicant and relayed information that the wine garden structure or commercial kitchen can not be utilized until approval of this Site Approval application (PA-1200063) and the required permits are obtained. Additionally, information was relayed to the applicant clarifying the marketing event definition and that a wedding would not constitute as a wine club event. Since that time, however, violations have occurred and, upon review of website advertisements and correspondence with the catering company, it was determined the commercial kitchen structure was utilized and a marketing event did take place exceeding the maximum permitted number of 25 attendees. Parking Development Title Table 9-1015.3(a) states for the Wineries and Wine Cellars use type that 2.5 parking spaces shall be provided for each 1,000 square feet of building and one parking space is required for every three marketing event attendees. The applicant proposes to expand the current operation of building square footage by 8,596 square feet. This would require that twenty-one (21) additional parking spaces be required for the project and an additional fifty (50) overflow parking spaces be required for the marketing events, for a total of seventy-one (71) additional required parking spaces. However, Development Title Section 9-1015.9 states that requirements of the chapter may be modified by the Director in cases in which, due to the unusual nature of the establishment proposed or the development proposal submitted for it, the requirements set forth in the Development Title may be considered San Joaquin County PA-1200063/St. Jorge Winery Community Development Page 3