Update 3/17/20The 3/17/20 BOS Appeal hearing for the Bremer WInery took place with 2 supervisors videoconferencing and dificulties in the tansmission. No appellants were able to make it into the hearing. The appellant William McKinnon of the Calif Water Audit did manage to make the somewhat garbled Zoom connection and made a somewhat circuitous and philosophical presentation about the County's handling of the Bremer bootlegs through speed-cop analogy.
He said that he has already submitted the case to the courts on the basis of the existing record and that he feels that the hearing conditions are untenable and that the Board's decision today is, in any case, superfluous.
Chair Dillon is struggling to keep the hearing going when, in fact the hearing should probably be continued. Applicant lawyer Kathy Felch says she is having trouble on Zoom. The Board's lawyer is making a case that the board is taking significant steps to meet all legal requirements no doubt in preparation for future lawsuits. The Board is making an extrordinary effort to proceed with the hearing despite no appellants, bad zoom connection and a process that is wildly irregular. It is impossible to believe that any hearing decisions will not be legally challenged just on the chaotic nature of its process.
David Galbreth, Bremer's lawyer, presented the appeal as just a punitive attempt to make a poster-child case for watershed con reg strengthing. Fish and wildlife has signed off on creek modifications. Phil Blake of RSA testifies that the creek does not violate any wildlife and fish regulations or the intent and spirit of the conservation regulations in protecting the water flowing through the creek. Other consultants said the same.
Supervisor discussion revolved around the 6 constructed items identified on the staff map of the disputed additions within the creek setbacks. On items E and F, the rock walls retaining the creek and two bridges over the creek they decided to approve (ie deny the appeal on those two issues). On items A, B, C and D, a newly built barn, a patio, an addition to the house and free standing bathrooms, the decision was to was to remand those issues back to the planning commission for review. The vote was 5-0 to remand A thru D and deny appeal on E and F. Sup Dillon in the end did manage to provide an orderly process despite the extreme technical difficulties.
It seems like a punt on the part of the Supes. It is difficult to see how the planning commisssion will be any better judges of the appropriate course of action than the Supes who seemed to show a lack of courage foisting the decision back on the the PC. If the PC does change its mind and recomment tearing down the buildings the Supes will again have to hear an appeal this time from the Bremers side and be confronted with the same decisions they have punted on today. In any case it apears that the project is already headed to the next phase in the courts regardless of the County's decision. Mr. McKinnon has proven himself a very tenatious litigator.
2/2/20The Bremer Winery has become the poster child of good-life developer hubris and county impotence in dealing with it. The feeling that it is better to ask forgiveness than permission is evident in all of the efforts the Bremers have taken to develop their wine county ambitions. They developed their vineyard beyond their permit, were called out by both the county and regional regulators and were required to restore their alterations to waterways. At the same time they asked the county to legitimize additions to their winery and to increases in wine production and tourism on the basis of unstated limits on their use permit as well as allow illegal encroachments into stream setbacks. The county denied the increases and exceptions and then sued the Bremers for violation of the county's ordinances. The Bremers technically lost the suit, and in a settlement agreement, paid off the county $271,000 and reduced visitation and production with the agreement that the county would reconsider their legalize their illegal conditions after a year. The Bremers then sued their layers for losing the suit! After several months they reapplied for legalization of their encroachments to the Planning Commission, which the county then approved in accord with the conditions of their legal agreement!
It is now up to residents impacted by the Bremers' arrogant flouting of the county decisions and actions to litigate (with time and money) the county's convoluted sanctioning of that illegal activity.
The appeal of the Planning Commission's approval of Bremers' illegal upgrades is now scheduled to be heard at the 3/17/20 Board of Supervisors meeting.