August 28, 2000

The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012

Dear Supervisors:

IT IS RECOMMENDED THAT YOUR BOARD AFTER THE PUBLIC HEARING:

PURPOSE OF RECOMMENDED ACTION

The proposed ordinance amendments are in response to a Board motion instructing the Regional Planning Commission to consider allowing boutique wineries in Agricultural Zones by Conditional Use Permit.

JUSTIFICATION

Presently, the Zoning Ordinance permits growing crops such as wine grapes in most zones. However, wineries are permitted only in the industrial zones, unlike many other jurisdictions in California that allow wineries in agricultural zones. Consequently, vineyard owners in Agricultural Zones in Los Angeles County must export their wine grapes off-site for processing due to these zoning regulations. To resolve this situation, the proposed ordinance permits wineries in Agricultural and Resort and Recreation zones, thereby allowing local vineyard owners to process their wine grapes on-site.

FISCAL IMPACT

Implementation of the proposed amendments should not result in any new significant costs to the County or to the Department of Regional Planning in the immediate future.

FINANCING

It is not expected that the proposed amendments will result in substantial increased costs, and no request for financing is being made at this time.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

The proposed ordinance permits small wineries without visitor services by Director’s Review in the Heavy Agricultural (A-2) and Resort and Recreation Zones (R-R), except in Significant Ecological and Hillside Management Areas. These wineries are subject to strict standards and conditions that include:

3) Five acre minimum combined acreage for the vineyards/wineries; Qualifying acreage may not include land with greater than 50% slope
4) Visitor services, amplified sound, live music and signage are prohibited
5) Setbacks of 50 feet from exterior property lines and 100 feet from stream banks
6) Operating hours between 7 am to 7 pm except during the harvest season
7) Applicant must provide clearance from agencies such as Department of Public Works, Department of Health Services, and Regional Water Quality Control Board, to ensure adequate water supply, private waste disposal capacity and no adverse water quality impacts.
8) Notice must be provided to adjoining property owners unless the winery is located 500 feet or more from adjoining properties
Wineries that do not meet the Director’s Review criteria may be approved subject to a Conditional Use Permit in the Agricultural (A-1, A-2) and Resort and Recreation Zones with certain conditions, some of which may be modified by the Hearing Officer or Regional Planning Commission, including:

5) Amplified sound and live music are prohibited
6) Setbacks of 50 feet from exterior property lines and 100 feet from stream banks
7) Applicant must provide clearance from agencies such as Department of Public Works, Department of Health Services, and Regional Water Quality Control Board, to ensure adequate water supply, private waste disposal capacity and no adverse water quality impacts.

In Industrial Zones, wineries are permitted, while winery-related incidental visitor services require a Conditional Use Permit.

The Regional Planning Commission conducted public hearings on the proposed ordinance on May 24, 2000 and July 19, 2000. Testifiers generally supported the ordinance, but several expressed concerns regarding water quality and neighborhood compatibility issues. Testifiers also requested a Director’s Review for small wineries without visitor services. The Commission directed staff to establish: 1) A Director’s Review procedure for small wineries without visitor services, 2) A maximum slope requirement, 3) Setbacks from property lines and stream banks, 4) Prohibition of amplified sound and live music, and 5) Conditions to address water quality and neighborhood compatibility issues. On August 23, 2000, the Commission approved the proposed modifications.

The attached ordinance contains these proposed revisions and has been approved as to form by County Counsel.

A public hearing is required pursuant to Section 22.16.200 of the County Code and Section 65856 of the Government Code. Required notice must be given and the public hearing held pursuant to the procedure and requirements set forth in Section 22.60.174 of the County Code. These procedures exceed the minimum standards of Government Code Section 6061, 65090, and 65856 relating to notice of public hearing.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

Approval of the ordinance is not anticipated to have an impact on current services.

NEGATIVE DECLARATION/ENVIRONMENTAL IMPACTS

The ordinance constitutes a regulatory action that will not have a significant adverse effect on the environment. Compliance with the ordinance’s standards of development will ensure that wineries will operate in a manner that does not detract from surrounding neighborhoods or adversely impact communities.

The attached Initial Study shows that there is no substantial evidence, in light of the whole record before your Commission, that the adoption of the proposed ordinance may have a significant effect on the environment. Therefore, in accordance with Section 15070 of the State CEQA guidelines, a Negative Declaration was prepared. Based upon the attached Negative Declaration, adoption of the proposed ordinance will not have a significant effect on the environment.

A copy of the Negative Declaration has been transmitted to 80 public libraries for public review. Public notice was published in eleven newspapers of general circulation not later than April 23, 2000, pursuant to Public Resources Code Section 21092.

Based upon the attached Negative Declaration, adoption of the proposed ordinance will not have a significant effect on the environment.

Respectfully submitted,

DEPARTMENT OF REGIONAL PLANNING

James E. Hartl, AICP
Director of Planning

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Attachments:

c: Chief Administrative Officer
Judith Fries, Principal Deputy County Counsel
Executive Officer, Board of Supervisors
Auditor - Controller

RESOLUTION

REGIONAL PLANNING COMMISSION

COUNTY OF LOS ANGELES

WHEREAS, the Regional Planning Commission of the County of Los Angeles has conducted a public hearing on May 24, 2000 and July 19, 2000 on the matter of amendments to Title 22 (Planning and Zoning) of the Los Angeles County Code to permit wineries and incidental uses in Agricultural, Resort and Recreation, and Industrial Zones; and

WHEREAS, the Commission finds as follows:

THEREFORE, BE IT RESOLVED THAT the Regional Planning Commission recommend to the Board of Supervisors of the County of Los Angeles as follows:

I hereby certify that the foregoing resolution was adopted by the Regional Planning Commission of the County of Los Angeles on August 23, 2000.

COUNTY OF LOS ANGELES
DEPARTMENT OF REGIONAL PLANNING

PROJECT SUMMARY

PROJECT DESCRIPTION: Proposed amendments to Title 22 (Zoning Ordinance) permitting wineries in Agricultural, Resort and Recreation and Industrial Zones

REQUEST : Approve the proposed amendments to Title 22.

LOCATION : Countywide application.

APPLICANT OR SOURCE: Board motion

STAFF CONTACT : Ms. Lin at (213) 974-6467.

RPC HEARING DATES : May 24, 2000 and July 19, 2000

RPC RECOMMENDATION: Board hearing and approval of proposed zoning ordinance amendments.

MEMBERS VOTING AYE : Pederson, Feldman, and Vargo.

MEMBERS ABSENT : Campbell

MEMBERS ABSTAINING : Valadez

KEY ISSUES : Ordinance permits wineries in Agricultural, Resort and

MAJOR POINTS FOR : Ordinance reflects trend of many jurisdictions to allow wineries in Agricultural Zones

MAJOR POINTS AGAINST: Potential water quality and environmental impacts from the establishment of vineyards and wineries on hillsides and environmentally sensitive areas

ANALYSIS

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9/11/00

G:\PWORKS\ORD\CNZ0080.WPD

ORDINANCE NO.

[2208230JFCOC]

COUNTY OF LOS ANGELES

DEPARTMENT OF REGIONAL PLANNING

320 WEST TEMPLE STREET

LOS ANGELES, CA 90012

NEGATIVE DECLARATION

PROJECT NUMBER: Proposed Wineries Ordinance

2. LOCATION: The proposed ordinance would apply to unincorporated areas countywide.

4. FINDINGS OF NO SIGNIFICANT EFFECT:

PREPARED BY: Annie Lin

DATE: April 10, 2000

SUMMARY OF RPC PROCEEDINGS

REGIONAL PLANNING COMMISSION

PROPOSED ZONING ORDINANCE AMENDMENT TO PERMIT WINERIES IN AGRICULTURAL, RESORT AND RECREATION AND INDUSTRIAL ZONES

May 24, 2000 Public Hearing

The Commission opened the public hearing on the proposed wineries ordinance on May 24, 2000. Seven testifiers were generally in support of the ordinance, but made the following requests: 1) To establish a Director’s Review procedure for small wineries without visitor services, 2) To allow the processing of grapes from vineyards that are not adjacent to the winery, 3) To reduce the minimum parcel size required for the winery.

Two testifiers were in opposition to the ordinance, due to specific concerns about potential environmental impacts in the Santa Monica Mountains. Their comments included: 1) Potential proliferation of vineyards/wineries on steep hillsides in the Santa Monica Mountains, with attendant soil erosion, sedimentation and water quality impacts, and 2) Potential water quality impacts due to failure of on-site septic systems to treat winery wastewater properly.

The Commission directed staff to address these issues and provide information on: 1) the possibility of a Director’s Review procedure for small wineries without public services, 2) Napa and Sonoma County’s hillside erosion ordinances, and 3) Water quality impacts. The Commission then continued the public hearing to July 19, 2000.

July 19, 2000 Public Hearing

The Commission took additional testimony from testifiers who requested: 1) Inclusion of the Director’s Review for a small winery without visitor services in the Light Agricultural Zone, 2) Consideration of neighborhood compatibility issues and prohibition of amplified sound and live music, 3) To permit leasing, as well as ownership, of vineyards/wineries, and 4) Inclusion of other fruits, besides grapes, in the ordinance since these may also be processed into wine.

On July 19, 2000, the Commission tentatively approved the ordinance, subject to final review of the following recommended changes: 1) Allow leasing as well as ownership of vineyards/wineries, 2) Calculation of qualifying acreage can not include land with slopes > 50%, 3) Prohibit amplified sound and live music, 4) Establish conditions regarding water quality impacts and neighborhood compatibility issues, 5) Establish winery setbacks from stream banks and property lines.

Staff prepared the changes requested by the Commission, and on August 23, 2000, the Commission recommended approval of the proposed wineries ordinance amendments.

PROJECT NUMBER: Wineries

* * * * INITIAL STUDY * * * *

COUNTY OF LOS ANGELES
DEPARTMENT OF REGIONAL PLANNING

GENERAL INFORMATION

I.A. Map Date: N/A Staff Member: Annie Lin

Thomas Guide: Countywide USGS Quad: Countywide

Location: Countywide

Description of Project: Proposed ordinance amendment to permit: 1) Small wineries without visitor services by Director’s Review in Heavy Agricultural (A-2) and Resort and Recreation (R-R) Zones, except in Hillside Management and Significant Ecological Areas, 2) Wineries that do not meet Director’s Review criteria subject to a Conditional Use Permit in Agricultural(A-1, A-2) and Resort and Recreation Zones;3) Wineries in Industrial Zones; and 4) Winery-related incidental visitor- serving uses by Conditional Use Permit in Industrial zones. The ordinance amendment does not grant development entitlements, propose alteration of existing land uses, or involve the location or approval of a specific project. Consequently, any impacts on hazards, resources or services in certain areas can not be determined at this time. Potential impacts from future development proposals would be determined later on a case-by-case basis.

Gross Area: Countywide (2656 Square Miles)

Environmental Setting: Countywide

Zoning: Agricultural, Resort and Recreation, and Industrial Zones Countywide

General Plan: Countywide

Community/Areawide Plan: N/A Major projects in area:

Project Number Description & Status

N/A N/A

NOTE: For EIRs, above projects are not sufficient for cumulative analysis.

REVIEWING AGENCIES

Responsible Agencies

Trustee Agencies

Special Reviewing Agencies

Regional Significance

County Reviewing Agencies

 

ANALYSIS SUMMARY (See individual pages for details)

IMPACT ANALYSIS MATRIX

 

Less than Significant Impact/No Impact

     

Less than Significant Impact with Project Mitigation

       

Potentially Significant Impact

CATEGORY

FACTOR

Pg

     

Potential Concern

HAZARDS

1. Geotechnical

5

_

     
 

2. Flood

6

_

     
 

3. Fire

7

_

     
 

4. Noise

8

_

     

RESOURCES

1. Water Quality

9

_

     
 

2. Air Quality

10

_

     
 

3. Biota

11

_

   
 

4. Cultural Resources

12

_

     
 

5. Mineral Resources

13

_

     
 

6. Agriculture Resources

14

_

     
 

7. Visual Qualities

15

_

     

SERVICES

1. Traffic/Access

16

_

   

 

2. Sewage Disposal

17

_

     
 

3. Education

18

_

     
 

4. Fire/Sheriff

19

_

     
 

5. Utilities

20

_

     

OTHER

1. General

21

_

     
 

2. Environmental Safety

22

_

     
 

3. Land Use

23

_

     
 

4. Pop./Hous./Emp./Rec. Pop./Housing/Empl./Recr. P_24

24

_

     
 

Mandatory Findings

25

_

     

_ Potentially significant _ Less than significant with project mitigation Less than significant/No impact

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