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-2- 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 and 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. The Community Development Department previously approved a small winery at the project site with a maximum of four(4)marketing events per year with a maximum attendance of twenty- five(25) people per marketing event(Site Approval application No. PA-0500306). 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 project site has a General Plan designation of A/G(General Agriculture) and OS/RC (Resource Conservation) and has a zoning of AG-40(General Agriculture, 40-acre minimum). The proposed winery is located on the west side of Bender Road, 375 feet north of Taddei Road, northwest of Lodi. REASON FOR RECOMMENDATION: The Planning Commission heard this matter at its regular meeting on September 20,2012. Three people spoke in favor of the project and ten people spoke in opposition. Commissioner Johnson said he is currently not in favor of any marketing event project that proposes amplified music. Commissioner Hamilton said he can not approve the project because of the project's impacts to the neighbors' quality of life and property values. After consideration of all oral and written testimony,the Planning Commission voted 3-2 to approve the Negative Declaration and approve the Site Approval application. On September 28, 2012, Paul Hagen, on behalf of Judy and Romano Isola, appealed the Planning Commission's approval of the Site Approval application to the Board of Supervisors stating Findings Number 1, 2, 4, and 5 made by staff were wrong and can not be made in the affirmative.