Ramona Valley Vineyard Association

Ramona Sentinel - Published 08/16/2010 - 2:47 p.m. - Joe Naiman

Boutique winery tasting rooms and on-site sales are now allowed
by right following a San Diego County Board of Supervisors action
Aug. 4.

The supervisors’ 5-0 vote approved a tiered winery zoning ordinance and a General Plan Amendment to exempt certain winery classifications from restrictions on certain types of land use areas.

“We have a great growing area,” said Supervisor Bill Horn, who has been in production agriculture for the past 37 years. “For those who want to stay in ag, which is a way of life, this is an important transition.”

The ordinance restricts tasting rooms and on-site sales at boutique wineries on land with A70 or A72 agricultural zoning.

“These are agricultural zones,” said Supervisor Dianne Jacob. “The primary uses for A70 and A72 zones are agricultural.”

Neighbors of wineries expressed concerns, primarily about traffic and road maintenance responsibility and potential liability for property owners who share private roads with wineries.

“We are not objecting to ag. We are objecting to commercial that puts our lives at risk,” said Ramona resident Carol Angus.

“The permitting process is seen by those of us who live in A70 or A72 as a means of mitigation,” said Ramona resident Jim Beggs. “This is mixed use. Residential’s one of the uses in A70 and A72.”

Supervisor Chair Pam Slater-Price noted that agriculturally-zoned land is zoned to allow activities not compatible in land zoned for estate homes. “Agricultural zones are intended for agricultural uses,” she said.

Residential use is permitted by right on land with agricultural zoning, as are public stables, veterinary services, dog kennels, and other commercial operations. “There are already those issues,” said Eric Gibson, the director of the county’s Department of Planning and Land Use (DPLU). “In a vast majority of cases, neighbors are working out these issues,” A Boutique Winery is limited to production of 12,000 gallons, or about 5,000 cases, annually. At least 75 percent of the fruit used for the wine must be grown in San Diego County and at least 25 percent of the fruit shall be grown on the premises. Tasting room hours are limited from 10 a.m. to sunset. Pre-packaged food can be sold and consumed, and catered food service is allowed, but on-site food preparation is prohibited. No bus or caravan tours are allowed (the ordinance prohibits vehicles with a capacity of more than 12 passengers), and outdoor eating areas are limited to five tables and no more than 20 people. No amplified sound is allowed, and chip seal or alternative material is required for driveway access and parking areas. Small Winery events will be allowed with an administrative use permit. A Small Winery is limited to annual production of 120,000 gallons. On-site tasting rooms and sales allow potential customers to become familiar with the products of the wineries, often leading to additional mail-order or other off-site sales.

“A viable market can become established,” said Michael Kopp of Kohill Winery in Ramona. “We’re preserving San Diego County farmlands for future generations,” Kopp said.

Carolyn Harris, co-owner of Chuparosa Vineyards in Ramona and is Ramona Valley Winery Association general counsel, cited a 2007 study of Paso Robles wineries after regulations were relaxed in San Luis Obispo County. Harris told the supervisors that the study indicated an annual $1.8 billion economic benefit to San Luis Obispo County and 8,000 jobs in the county. “I can see the opportunity in front of us,” she said. Harris also cited a 2006 study that indicated a statewide annual economic benefit of $51.8 billion from wineries. “That benefit was done largely without the contribution of San Diego County wineries,” she said. “We’d like to change that.”

Andy Harris, Chuparosa Vineyards partner, said the major use permit process was less onerous in the 1980s but that the discretionary permit process now prevents small wineries from profitable operation. “The smallest of the small can’t get a foothold,” he said. Harris said that the tiered ordinance, which requires discretionary permits for larger wineries, means that wineries can afford such a process after they grow to the point of needing such permits.

“It will generate state and local sales tax, create jobs, help establish Ramona as a travel destination, increase tourism,” said Carol Fowler of the Ramona Chamber of Commerce.

“We’re talking about an agriculturally-zoned use in agriculturally-zoned land,” said Larson. Larson noted that agricultural production meets more than economic goals for the county. “Air quality will be improved because of carbon sequestration of the crops,” he said. “We’ll have more open space.” Grapes also use less water than avocados and citrus. The crop profile of San Diego County has changed over time, said Larson. “The marketplace will tell us what is next, but we have to let the marketplace work,” he said. “If we want to maintain land in farming, there must be alternatives.”

“This has nothing to do with agricultural,” said Ramona resident Don Kovacic. “This is about putting bars in residential neighborhoods against the expectation of people who bought in these properties.”

Supervisor Greg Cox said his grandfather moved to Chula Vista in 1918 to become the manager of a lemon packing plant. “I don’t think you’ll find any lemon trees or celery patches in Chula Vista today,” Cox said. “Agriculture obviously is changing.”

Water considerations have forced citrus and avocado farmers to reduce their production in recent years.

“The landscape has changed dramatically in North County over the past three years,” said Chris Ambuul of Valley Center. “Wine grapes is an option that we want, that we need to be able to have.” Ambuul grows avocados as well as wine grapes. “People who have had to pull acreage out of production because of water will be able to put in wine grapes,” he said.

"The price of water is ever increasing, and when we look for alternate crops wine grapes is very viable,” said Fallbrook avocado farmer and California Avocado Commission board member Charley Wolk. “This allows the people at the beginning to have the opportunity to sell a product,” Wolk said. “I feel it will be of value to all ag producers in the county.”

Dennis Grimes, who owns Eagle’s Nest Winery in Ramona, estimates that a winery takes nine to eleven years to become profitable. “A tasting room for a small winery is absolutely mission critical,” he said.

DPLU staff said that the road maintenance and liability issue was a civil matter and should not be included in the ordinance, which disappointed some neighbors of wineries. “This is a bad change,” said Tom Ramsthaler of Ramona. “We’re asking you not to exacerbate private road issues.” Ramsthaler hopes that a compromise can be reached in the future. “This is not an A versus a B,” he said.

A state Alcoholic Beverage Control (ABC) Type 02 winegrowers license allows for wholesale wine sales. The ABC can incorporate conditions and revoke licenses for violations. ABC conditions can include road maintenance agreements, including liability resolutions.ABC can also require training for winery staff, and Celeste Young of Ramona asked that such a requirement be applied to boutique wineries, whose primary business is not serving alcohol to the public.

“If my neighbor was selling lima beans, I wouldn’t worry so much,” said Stephanie Haas of Ramona.

“People will be parking and blocking those private roads due to inadequate parking,” said Ramona resident Richard Friedlen.

“I think there’s a misunderstanding of what by-right means,” Jacob said. “There’s a checklist.” Jacob noted the existence of other commercial operations on agriculturally-zoned land. “This is a new use, but it certainly fits in with the other by-right uses,” she said. “It’s a timely opportunity for us,” Slater-Price said. “I still believe today that this is going to be a good use of the land. It will be a good economic endeavor,” Jacob said.