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Analysis
<br /> Protect Description
<br /> The project is the replacement of a 30,964-square-foot legal non-conforming packing shed with a non-conforming
<br /> winery.
<br /> Intensity of Use
<br /> Section 9-235.3(c) of the Development Title states of legal non-conforming uses, "A change shall be
<br /> allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no
<br /> greater impact in, the zone than the existing non-conforming use." In theory, the Food Manufacturing use
<br /> type, under which wineries are classified, is a more intensive use type than the Preparation Services use
<br /> type, under which packing sheds are classified and, therefore, may likely have a greater impact.
<br /> The applicant maintains that this specific winery use, not the proposed use type (Food Manufacturing),
<br /> will be less detrimental than the existing packing shed. This position is based on the claims that the
<br /> winery will have fewer employees and will generate less wastewater and traffic than the packing shed.
<br /> After reviewing the information provided by the applicant regarding the operation of the winery, the
<br /> Community Development Department determined that the intensity of this proposed winery, as presented
<br /> in the application, is approximately equal to that of the packing shed. Though the packing shed's use
<br /> may be more intensive than that of the winery, this intensity is limited to a short packing season. The
<br /> intensity of the winery, though less, extends throughout most of the year. The cumulative impacts of both
<br /> uses are approximately equal.
<br /> According to the applicant, the packing shed is seasonal and produces about 13,000 gallons of
<br /> wastewater daily during a two-month peak season. The winery will produce somewhat less wastewater J
<br /> daily, but it will be produced throughout fall and winter with a peak of 4,000 gallons from October through
<br /> November. An additional 2,500 gallons will be produced daily from August through October. Based on a
<br /> 24-day work month, the packing shed produces about 624,000 gallons annually. The winery has the
<br /> potential of producing approximately 900,000 gallons annually
<br /> The applicant contends the packing shed has a greater number of employees, but only during the packing
<br /> season. Winery employees will be on-site for most, if not all, of the year. In fact, a visit to the site in early
<br /> June, the middle of the packing season, identified no employees at the packing shed. The packing shed
<br /> has more daily trips during the packing season, but the winery will have trips extending over several
<br /> months of the year. The applicant stated in the application that"There is no expected increase in truck
<br /> traffic over that which has been historically normal for this site."
<br /> The packing shed receives produce, washes it, packs it, and ships it. The winery will be doing all this, as
<br /> well as crushing, fermenting, storing, and bottling the product. Additionally, the winery will produce solid
<br /> wastes in the form of pumice and stems.
<br /> The applicant has indicated to staff that the winery may expand its operation in the future. This would not
<br /> be permitted, as any increase to the proposed facility, when combined with the existing brining, packing,
<br /> and storage facilities, would exceed the intensity of the packing shed and, therefore, not comply with
<br /> Section 9-235.3(c) of the Development Title.
<br /> San Joaquin County SA-99-411Dole Fresh Fruits
<br /> Community Development Page 3
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