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Analysis Background Van Ruiten Winery is proposing to expand their existing winery. The winery was approved by the Planning Commission on May 20, 1999, under Use Permit Application No. UP-99-2. The facility currently produces up to 250, D00 gallons of wine annually; the proposed production amount will not change. However, the current storage capacity is 1,560 cases; the proposed storage capacity is 25,000 cases. The number of full and part-time employees is anticipated to increase from 9 to 11. Marketing Events The applicants have submitted a marketing plan. The marketing plan proposes a maximum of up to 36 marketing events with a maximum number of attendees of up to 250. The plan indicates that an average marketing event would host 50 to 100 people. Development Title Section 9-1075.1 states that"wine cellar marketing events are accessory and are subordinate to the primary agricultural use. A strong nexus must exist between the marketing event and the production or storage of wine. The focus of marketing events should be wine." The applicants expressly state in the submitted marketing plan that the purpose of the proposed events is for"wine reception(s)", private wine themed events", and "community related events promoting the wine industry, i.e. Lodi's First Sip " Oak Tree The project site contains an existing Heritage Oak Tree (a native oak tree with a trunk diameter greater than 32 inches). The applicants have stated that they will preserve the oak tree. The oak tree is currently protected with a concrete curb and a chain link fence around the perimeter of the drip line. Future ;.:. development on the parcel must be consistent with the requirements of the County's Tree Preservation ordinance contained in Development Title Section 9-1505. Pursuant to Development Title Section 9- 1505 3(x), if it is later determined that it is necessary to remove the tree, an Improvement Plan shall be submitted to and approved by the Community Development Department. Furthermore, an oak tree whose removal has been permitted shall be replaced with 5 trees or acorns or a combination thereof. Parking Requirement The site plan submitted by the applicants indicates 106 parking spaces, 4 of which are handicapped accessible. Development Title Table 9-1015.3 requires 80 parking spaces for the winery, 4 of which are handicapped accessible; the parking space requirement for the marketing events is an additional 83 spaces. However, Development Title Section 9-1015.9 permits the modification of these requirements by the Director in cases, which due to the unusual nature of the establishment proposed or the development proposal submitted for it, the requirements may be considered insufficient or excessive. The applicants have submitted a letter, dated December 29, 2008, requesting that the overall required number of parking spaces be modified so that the proposed 106 spaces are deemed sufficient. The basis for their request was that the marketing events and winery operations will occur at differing times, there will be a total of 11 employees at the conclusion of all phasing, and the added square footage for the winery will be used for warehousing The Community Development Department reviewed this request and has determined that the proposed number of parking spaces is adequate to accommodate both the normal operations of the winery and the proposed marketing events_ San Joaquin County PA-08003501Van Ruiten Community Development Page 3