ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY …€¦ · Grading Division, Alameda County Public Works Agency: Responded on March 25, 2014 without objection to the application and

APRIL 16, 2014 SCAC STAFF REPORT PLN2013-00206

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ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY PLANNING DEPARTMENT STAFF REPORT

TO: SUNOL CITIZEN’S ADVISORY COMMITTEE

HEARING DATE: April 16, 2014 GENERAL INFORMATION

APPLICATION TYPE AND NUMBER:

Conditional Use Permit, PLN2013-00206

OWNER/ APPLICANT:

Beemiller

PROPOSAL:

To allow for winery related events as accessory to a winery as the primary use.

ADDRESS AND SIZE OF PARCEL:

5003 Sheridan Road, south side, about ½ mile southeast of Interstate 680, Sunol area of unincorporated Alameda County, bearing Assessor’s Parcel Number 096-0001-002-20; approximately 100 acres in area

ZONING:

A (Agriculture)

GENERAL PLAN DESIGNATION:

Large Parcel Agriculture (East County Area Plan)

ENVIRONMENTAL REVIEW:

This project is Categorically Exempt from the requirements of the California Environmental Quality Act; Article 19, Section 15301, Class 1, Existing Facilities.

RECOMMENDATION Staff recommends the subject application for approval, subject to the included conditions.


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PARCEL ZONING HISTORY December 8, 1956, 126th Zoning Unit established the A (Agricultural) zoning for the District. June 9, 2010, Conditional Use Permit, PLN2009-00040 to construct and operate a wind turbine on the property was withdrawn. Application for Conditional Use Permit, PLN2011-00128 to allow installation of a 2.4 kilowatt residential-scale wind turbine on a 45-foot high monopole tower is currently incomplete. SITE AND CONTEXT DESCRIPTION Physical Features: With a frontage of about 600 feet on Sheridan Road, the irregularly shaped subject property slopes gradually upward from the roadway toward the base of two hills, which rise another two hundred feet from the surrounding area. A single family residence is located atop another hill, about 1,500 feet farther south. The access driveway approaches through a canyon, past a 2600 square foot pole barn, splitting afterwards into an 18 ft wide residential driveway and the western access drive intended for guests of the winery and proposed event center. Guest parking and a vehicle turnaround are located southwest of the residence. An aqueduct for the Hetch Hetchy system traverses the property about 1400 feet south of Sheridan, on an axis roughly parallel to Sheridan Road. Downhill and to the south of the residence there is a pond, with about 2 acres of grape vineyard under cultivation between the pond and residence. Adjacent Area: The properties in the immediate vicinity are similarly classified into the A District, with cattle grazing, rural homesites and equestrian uses defining the area’s character. PROJECT DESCRIPTION The applicant proposes to conduct on the subject property winery related uses including weddings, private dinners, and corporate and wine promotional events, with up to 50 weddings and 25 corporate events per year. Facilities and parking are designed to accommodate up to 300 persons. REFERRAL RESPONSES Alameda County Fire Department, Fire Prevention Bureau: Responded on March 6, 2014 with four conditions of approval for outdoor winery uses. Building Inspection Department: Responded on December 30, 2013, without objection to the application, with the caveat that the use of any structures for winery related uses and/or public accommodation would require approval of separate building permits. Grading Division, Alameda County Public Works Agency: Responded on March 25, 2014 without objection to the application and with no further comment after review of the project geotechnical report. Land Development, Alameda County Public Works Agency: Responded on December 12, 2013 without comment. Alameda County Environmental Health Agency: Has not responded to the referral request. Alameda County Sheriff: Has not responded to the referral request.


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STAFF ANALYSIS On the subject property, the applicant proposes to pursue winery related uses. These will include wine release parties, corporate events, community fundraisers, weddings, and events related to the promotion of wine sales. The applicant proposes to have up to 300 guests per event, with 50 weddings per year, and 25 other large events, in addition to regular wine tasting activities. Catering for weddings and other large events will be contracted through separate commercial catering firms. Portable restroom facilities will be required for all events. The Fire Department responded to the referral request with the following conditions:

• Signage placed at the intersection of the new and old access roads identifying the fire access roadway.

• Any building or enclosed storage area used for winery related uses will require a building permit. • Final Letter from an engineer certifying the fire access roadway all weather and weight capacities • Temporary tents will require permits from the fire department.

In addition to Fire standards, all tents and temporary structures used for events will be required to meet the requirements of sections 17.52.1110 – 17.52.1150 of the Alameda County Zoning Ordinance (Tents and canopies). East County Area Plan The subject parcel is within the boundaries of the East County Area Plan, adopted by the Alameda County Board of Supervisors in May of 1994, and most recently amended by the Board in May 2002 to reflect the provisions of Alameda County voter-approved Measure “D” Initiative. Development intensity on the property is consistent with the Plan. The proposal is consistent with the Large Parcel Agriculture designation, which allows for “visitor-serving commercial facilities” in addition to wineries and other agricultural uses. Alameda County Zoning Ordinance Section 17.06.040 (Q) (A Districts, Conditional Uses) of the Alameda County Zoning Ordinance permits winery related uses, when conditionally approved by the Board of Zoning Adjustments. The Ordinance defines “Winery related uses” as those uses accessory but clearly subordinate to the winery, such as temporary, cultural and social events that would not impact the primary appearance or agricultural nature of the property. Because the uses proposed by the applicant are compatible with and appropriately accessory to the primary winery use, an application for a conditional use permit is appropriate. Summary: The subject application proposes a use that is consistent with the General Plan Designation and compliant with the Zoning Ordinance and the East County Area Plan. With the proposed conditions, staff recommends that the Board approve the subject application.

TENTATIVE FINDINGS BASED ON INFORMATION AVAILABLE PRIOR TO THE PUBLIC HEARING 1. Is the use required by the public need?

Yes. This use is required by the public need as evidenced by the general popularity of winery related uses such as wedding and other event venues.


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2. Will the use be properly related to other land uses and transportation and service facilities in the vicinity?

Yes. Surrounding properties to the east, west south and north have agricultural land uses (privately owned horses and other agricultural uses) on similarly-sized parcels. The property is conveniently located of Interstate 680, and well situated with fenced areas and vehicular access. All required services are provided.

3. Will the use, if permitted, under all circumstances and conditions of this particular case,

materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood?

No. As conditioned herein, the use should not cause detriment to the surrounding properties or the general public.

4. Will the use be contrary to the specific intent clauses or performance standards established for the

District in which it is to be considered?

No. The proposed use is consistent with the goals of the East Area Plan. In addition, the use is compliant with the applicable sections of the Zoning Ordinance.

PRE-HEARING RECOMMENDATIONS Approval for winery related uses subject to plans marked “Exhibit A” on file with the Planning Department and the following conditions:

1. This permit authorizes a maximum of 75 winery-related uses per year, with 50 weddings, for the

property located at 5003 Sheridan Road, Sunol, CA, APN: 096-0001-002-20.

2. Maximum event capacity is 300 guests.

3. The applicant will provide portable restroom facilities to accommodate event guests. 4. All exterior lighting will be directed on-site and away from adjacent properties and will

automatically shut off at the close of operation.

5. An offsite caterer shall prepare food for all events.

6. The use of tents and canopies is allowed for winery related events provided they comply with Alameda County Fire Department inspection requirements.

7. The property owner, permittee, or its successor, shall defend, indemnify, and hold harmless

Alameda County or its agents, officers, and employees from any claim, action, or proceeding against Alameda County or its, agents, officers or employees to attack, set aside, void, or annul Conditional Use Permit, PLN2013-00206, the findings of the CEQA determination, or any combination thereof. Such indemnification shall include, but not be limited to, an award of costs and attorney's fees incurred by Alameda County in its defense. The County shall promptly notify applicant of any such challenge.


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8. A mandatory review shall be conducted five years from approval for this Conditional Use Permit, PLN2013-00206. As a result of the mandatory review, a permit for renewal and public hearing may be required to review the original conditions of approval to determine compliance with the findings that supported the original permit approval. Any condition of approval modified or added will ensure the activity continues in conformance with the intent and purpose of the zoning ordinance, and shall be of the same force and effect as if originally imposed. Review costs shall be borne by the applicant.

9. The permittee or successor shall maintain compliance with the requirements of the following agencies: a. Alameda County Public Works Agency, Building Inspection Department b. Alameda County Public Works Agency, Land Development Department c. Alameda County Fire Department d. Alameda County Sheriff’s Office e. State of California Alcoholic Beverage Control

ATTACHMENTS Site Photos Referral Responses EXHIBITS Aerial Photo Site Plan Vicinity Map Figure 1 Project Location


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Figure 2 – Property Entrance off Sheridan Road

Figure 3 – Winery Storage Building


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Figure 4 – Event Area

PREPARED BY: Damien Curry, Planner REVIEWED BY: Jana Beatty Weldon, Senior Planner H:\APPLICATIONS - 2013\PLN2013_00206\Staff Report\PLN2013-00206 EBZA Staff Report

RESTROOM FACILITIES TRAILER

APPROXIMATE LOCATION OF EVENT TENT

~~~~

Curry, Damien, CDA

From: Cho, Andy Hyun-Jae Sent: To: Cc: Subject:

Tuesday, March 25, 2014 3:27PM Curry, Damien, CDA [email protected] PLN2013-00206

Damien,

This office is in receipt of your referral sheet with no date and the "Exhibit A" plan with the received date of Feb 21, 2014 and a copy of the geotechnical report titled "Geotechnical Investigation For Evaluating Of The Existing Roadway/Driveway" prepared by Geoforensics, Inc. dated March 17, 2014 for review and comment.

Geoforensics, Inc. concluded that, based on their investigation, the existing roadway is adequately constructed from a geotechnical perspective and will adequately support a 75,000 pound fire truck load. Based on our review of the submitted geotechnical report, we believe that the concern regarding the suitability of the existing agricultural road for the planned winery related use has been addressed. Assuming that no further grading work is planned for this project, we have no additional grading comments at this time.

Feel free to contact me if you have any questions.

Regards.

Andy Cho. P.E.

Assistant Engineer,

Construction & Development Services Department

Public Works Agency. County of Alameda

399 Elmhurst Street, Room 141, Hayward, CA 94544

Phone 510.670.6451. Fax 510.670.5787. emaiL [email protected]

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DATE

TO

FROM

SUBJECT

COUNTY OF ALAMEDA

PUBLIC WORKS AGENCY

INTER-OFFICE COMMUNICA T/ON

: December 24, 2013

: Damien Curry, Development Planning Division

: Andy Cho, Grading Section, Construction and Development Services

: Case No. PLN 2013-00206

~·· This office is .in receipt of your referral package with your project referral cover sheet dated December 3, 2013 for review and comment. This application is to allow winery related uses including outdoor events, located at 5003 Sheridan Road in an unincorporated Sunol area, Alameda County, bearing APN 096-0001-002-08.

Based on our review of the submitted materials, the archive and the available aerial photos, the following comments and recommendations are offered at this time:

1. Per the archive, the existing roadway that is proposed to be used for the planned events were constructed strictly for a private agricultural use previously and might not be suitable for the proposed public use or fire truck access. In addition, per the review of the aerial pictures from "Google Earth", it seems that mass grading work has been performed at the proposed vineyards and the event area recently. The condition of these graded areas must be evaluated by a qualified engineer to verify the compliance to the applicable codes and suitability for the proposed use. Along with the said evaluation report, an "as-built" plan showing the pre- and post-graded elevations and other existing and new site improvements, i.e. storm drainage system, should be provided to this office for a review.

2. No grading shall be permitted on this site until a grading plan and erosion and sedimentation control plans have been reviewed by the County and a grading permit/exemption is issued in accordance with the Alameda County Grading Ordinance. Grading plan shall include the information required by Chapter 15.3 6 of the Alameda County Grading Ordinance to determine the grading permit requirements.

3. If grading work is planned, a geotechnical/geologic investigation report may be required to be submitted with the grading plan in accordance with the provisions of the Alameda County Grading Ordinance Chapter 15.36.320.

4. No grading work would be allowed during the rainy season, from October 1 to April 30, except upon a clear demonstration, to the satisfaction of the director of the public works, that at no stage of the work will there be any substantial risk of increased sediment discharge from the site.

5. Grading associated with the construction of a fire access roadway must be reviewed and approved by the Fire Department prior to issuance of a grading permit.

Page 1 of2

# /~,.. .. BUILDIN.G INSPECTION DEPARTMENT

(510) 670-5440 • FAX (510) 293-0960

Public Works Agency DanielWoldesenbet,PhD,P.E,Directnr --Abnwrb Count\· ------------------------------

399 Elmhurst Street • Hayward, CA 94544-1395 • www.acgov.org/pwa

Planning Application Review Response

Date: 12/30/2013 Application: PLN2013-00206, Winery Use & events, Conditional Use Permit. Location: 5003 Sheridan Rd, Sunol, CA Planning Date/Staff: 12/03/2013, Damien Curry BID Staff: Allen Lang

Project Review Notes

1. Site sketch showing Outdoor activity area, locations of parking, private residence, and tasting room vineyards, and potential portal potties areas.

Referral Conclusion

To convert residence, storage buildings, and barns (agricultural buildings) or proposed a new structure to be uses as public accommodation, such as testing rooms, as defined in California Building Code Section 202, the applicant must submit plans to the Building and Fire Departments showing these buildings to comply with the California Building Codes and obtain building permits for the change of use according to the California Building code. The applicant for this project shall review Building Permits requirements with the Building Department staff prior to submitting permit applications to the Building Department.

General Conditions for Building Permit Application: 1. Comply with building codes in effective and submittal requirements at time of submitting for

building permits. 2. A California licensed architect or engineer shall be designated as the design professional in

responsible charge for the project submittal.

Notes to applicants: The Building Department has not conducted a complete permit search or code review for the proposed planning application. The owner or design professional shall be responsible for the property information filed with the planning application. Once the building permit application is filed with the Building Department, staff will perform building permit history search and code review.

"Tb Serve and Preseroe OurCommuni{Jl"

DEMETRIOUS N. SHAFFER

Fire Chief

CoUNTY FIRE PREVENTION

399 Elmhurst, Room 120 Ha~ward, CA 94544 \~ [510)570-5853 fax ( 510) 88? 5835

DUBLIN FIRE PREVENTION

100 Civic Plaza Dublin, CA 94558

Tel [ 925) 833· 5505 Fax [925) 829-9248

EMERYVILLE FiRE PREVENTION

1333 Park Avenue Emer~ville, CA 94508

Tel [ 510) 595-3?59 Fax ( 510 J 450-7812

NEWARK FIRE PREVENTION

37101 Newark Blvd. Newark, CA 94550

Tel ( 510) 5?8-4218 Fax ( 510] 578-4281

SAN LEANDRO FiRE PREVENTION

835 E. 14th Street San Leandro, CA 945??

Tel (510) 577-331? Fax [510) 5??-3419

UNION CITY FIRE PREVENTION

34009 Alvarado-Niles Road Union Cny, CA 94587

Tel ( 510) 675-5470 Fax ( 510) 441·2943

Alameda County Fire Department FIRE PREVENTION

www.acgov.org/fire

03/6/2014

Alameda County Community Development Agency Planning Department 224 West Winton Ave., Room 111 Hayward, California 94544

TO: Damien Curry I CC I BeeMiller FROM: Alameda County Fire Prevention Office SUBJECT: 5003 Sheridan Road

Conditions of Approval

This approval is for outdoor winery uses only at this time. Fire access to the outdoor winery areas shall be via the decades old road near the house. The new road to the west of the property is not approved as a fire department access roadway.

The following conditions shall be met prior the commencement of outdoor winery activities or the use of any building for winery activities.

1. A sign shall be placed at the intersection of the new and old road identifying that the fire access· road from the new non fire access roadway.

2. An building or enclosed storage area used for winery purposes requires building permit submission, approval, permit issuance and permit approval. This includes any tasting or storage buildings.

3. Final letter from engineer submitted to the fire department certifying the fire access roadway all weather and weight capacities.

4. Any temporary tents for will require permits from the fire department.

DEDICATED TO SUPERIOR SERVICE

Chris Bazar Agency Director

Albert Lopez Planning Director

224 West Winton Ave

Room 111

Hayward California

94544

phone 510.670.5400

fax 510.785.8793

www.acgov.org/cda

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY PLANNING DEPARTMENT

PROJECT REFERRAL

Date: December 3, 2013 RE: Case No. PLN2013-00206

Due Date: December 24, 2013

ACPWA LAND DEVELOPMENT ACPWA BUILDING DEPARTMENT ACPWA GRADING DIVISION

ALAMEDA CO. FIRE DEPT.

CHP EAST 2 LT. CHARLES M. JORDAN

. ACPWA JOHN ROGERS ACPWA CLEAN WATER DMSION SHERIFF PERMITS 3. LT. MARKJ. GORDILLO

. ENV HEALTH SEPTIC/WATER RUSS HANDZUS CALIF. DEPT. OF FISH & WILDLIFE-REGIONAL OFFICE

The following application is refe1Ted to you for your information and recommendation:

Conditional Use Pennit to allow winery related uses including outdoor events, located at 5003 Sheridan Rd (Sunol), south side, 1 mile east ofl-680 APN: 096-0001-002-08

This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), and State and County CEQA Guidelines (Section 15301 -Class 1, Existing Facilities), as the project is limited to the operation, maintenance, and permitting of an existing use, structure(s) or facilities with minor repair or alteration, involving negligible or no expansion of the use beyond that existing at the time that the County takes action on this project, or is

1 otherwise consistent with CEQA Guidelines for Class 1 projects.

Receipt of your comments by the indicated due date will enable the inclusion of relevant infonnation in the preparation ·of a written staff repmi; otherwise, please initial and date below that your organization, depmiment or agency has no comment and retum this notice by the indicated due date.

Please send a copy of your recommendation(s) to the applicant.

PROJECT REFERRAL

Date: December 3, 2013 RE: Case No. PLN2013-00206

If you have any questions, please contact me at the above number.

Sincere!~

MA Damien Curry Development Planning Division [email protected]

cc: Applicant: NELLA TERRA CELLARS II BEEMILLER, GERALD & PAULETTE 5003 Sheridan Rd, Sunol, Ca 94586

Owner: BEEMILLER GERALD V & PAULETTE K TRS 5003 Sheri'dan Rd, Sunol, Ca 9458

V No Comment- Date I '2 J /7 /1::? I ' I .

. Attachments ~y__e-/'v·~f- s- stft?tf

UNNA

MED

SHERIDAN RDUNNAMED

UNNAMED

UNNAMED

PLN2013-00206AERIAL PHOTOAlameda County CDA - Planning Department a0 690 1,380 2,070 2,760345

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UNNAMED

SHERIDAN RDUNNAMED

UNNAMED

UNNA

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PLN2013-00206PARCEL MAPAlameda County CDA - Planning Department a0 1,500 3,000750

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APN: 096-0001-002-20

NILES

CANY

ON RD

MISSION BL

CALAVERAS RD

SHERIDAN RD

PINE ST

PASEO PADRE PW

FREMONT BLWASHINGTON BL

OSGOOD RD

PALM AV

OLIVE AV

VARGAS RD

DRISCOLL

RD

ANDRADE RD

BLACOW RD

CAROL AV

STEVENSON BL

LEMOS LA

IRVINGTON AV

UNNAMED

CANYON HEIGHTS DR

DURHAM RD DURHAM RD

I680 NB

I680 S

B

I680

PLN2013-00206VICINITY MAPAlameda County CDA - Planning Department a0 5,000 10,000 15,000 20,0002,500

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SUBJECT SITE

Documents

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY …€¦ · Grading Division, Alameda County Public Works Agency: Responded on March 25, 2014 without objection to the application and