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Analysis Background On August 8, 2008, the Community Development Department approved Site Approval Application No. PA- 0800180 for an off-site wine cellar and small winery to be completed in two phases. Phase One included a 4,000 square foot multipurpose building for wine storage, tasting room, and administrative offices. Phase Two, to be completed in ten years, includes constructing a 3,000 square foot building for wine production. To date, the multipurpose building has been constructed (BP-0801870). The Site Approval application was also approved for a maximum of 3 marketing events and 4 special events per year, with a maxi"mum attendance of thirty (30) people, as indicated in the marketing plan. As a result of a complaint, the Community Development Department opened an enforcement case for this property on July 15, 2010 (EN-1000328). Enforcement action was taken due to the operation of events without benefit of the appropriate permits. On July 30, 2010, the applicant applied for a Revision of Approved Actions application to increase the number of marketing events. This item, which would ordinarily be processed at staff level, is being referred to the Planning Commission because of neighborhood opposition. Winery Ordinance Requirements The winery ordinafte permits marketing events as an accessory use to the off-site wine cellar (Development Title:-�Section 9-1075.8(m)). Marketing events shall end by 10:00 p.m. pursuant to Development Title Section 9-1075.8(m)(2). The Revision of Approved Actions complies with the winery ordinance containe&-in the Development Title. Development Title Section 9-1075.1 states, "The intent of the Wineries and Related Facilities Chapter of the Development Title is to establish regulations that will acknowledge the distinctive pairing of wine grape growing, wine making, and tourism.The challenge is to provide for agricultural tourism,and marketing activities while ensuring that agricultural resources remain vital. A major purpose is to guarantde that both winery and wine cellar marketing events are accessory and are subordinate to the primary agricultural use." This application is for a Revisions of Approved Actions for an off-site wine cellar to increase the number of marketing events. Marketing events can take many forms, but they all must promote wine and have wine from the associated vineyard for sale. The applicant has indicated the marketing events are-specifically geared to sell their wine. Williamson Act This parcel is subject to Williamson Act Contract No. 710369. The contract restricts development to uses that are compatible with the Williamson Act and Development Title Section 9-1805. "Compatible use"as defined in the Williamson Act includes uses determined by the County to be compatible with the agricultural, recreational, or open"space use of land within the preserve and subject to contract. (Government Code Section 51201[e]) The Department of Conservation submitted a letter dated September 15, 2010 and indicated 'marketing events' should not become the primary use of the property, which should remain as agriculture. Additionally, the Farm Bureau submitted a letter dated October 1, 2010 indicating opposition to the project because the requested increase in events and type of events is a questionable use on . Williamson Act parcels. The applicant expects to have 500 cases of wine available for sale at each event and wine will be sold exclusively from the host winery.,.;The parcel has approximately 40 acres of vineyards and the off-site wine-Cellar and marketing events encompass approximately 1.4 acres. Therefore, the marketing events for, 6e off-site wine cellar are accessory and the use is consistent with the required three principles of compatibility pursuant to Government Code Section 51238.1. San Joaquin County r; PA-080018Q1Mencgeini Page 3 Community Developilnent 3