APAC Proposal L
on the web at: https://sodacanyonroad.org/forum.php?p=811
Bill Hocker | May 16, 2015

At APAC meeting #3 numerous proposals (here and here and here) were submitted nominally relating to minimum parcel size for wineries, estate grape requirement and vineyard loss requirements. The range of proposals was quite varied, not always sticking to the topic. Which is just as well since the topics were in fact pre-defined solutions to problems that had yet to be discussed or defined. In my opinion, as laid out here, the problems and solutions involved in the protection of agriculture will not be solved by minor tweaks to the metrics of the WDO.

But that being said, a couple of the proposals did really wrestle with the minimum parcel size issue and put it into a larger context that hints at the problems. Several proposals (D, I, L) would allow wineries on 10 acre parcels subject to severe restrictions on visitation. My own feeling is that if visitation to the vineyards is severely restricted the other issues of winery proliferation will sort themselves out. I, of course, favor the one proposal not even considered for discussion - an end to winery construction in the vineyards.

The most well thought out proposal, IMHO, was by grapegrowers Walt and Bernadette Brooks. It is here. It attempts to cover many bases and as such would be a good basis for discussions. Their proposed matrix doesn't need a rocket scientist to understand, accommodates all sized parcels, defines a relationship between parcel size, production capacity and visitation, differentiates between AP (tourism ag) zone and AW (residential ag) zone. Most importantly, the visitation numbers are low, in keeping with the (grossly abused) directive in the WDO that marketing is to be "clearly incidental, related and subordinate" to the making of wine. In fact, the argument really needs to be made that if a winery can't survive without the income that visitation brings, then visitation isn't at all incidental or subordinate to the making of wine. It is the main activity of the winery and without it the winery probably would not, and definitely should not be built.

(I also like the Brooks proposal because it includes two really important ideas: Visitation is based on actual production not permitted capacity. Visitation can only take place during daylight hours.)

Standardizing the visitation numbers for all wineries (including retroactively for existing ones) , which will level the competitive playing field, reduce the arbitrary nature of visitation requests, and reduce the difficulty of enforcement, is the most important issue that this committee can undertake. Is that part of its mandate?

Director Morrison has also made a visitation proposal and matrix to be presented to the Planning Commission on May 20th 2015 (1 yr anniversary of the start of this review process), with modestly higher numbers but a wide range of modifiers for the Commission to evaluate. (Brooks proposes .1 visitor/gal/yr, Morrison proposes .126 (or .106) visitor/gal/yr).

Both of these matrices eliminate the distinction between tours-and-tasting visitors and marketing event visitors, a distinction that has all but disappeared in the 2010 WDO but becomes an enormous numerical distraction in the use-permit proposals. Both matrices deal with visitation numbers on a yearly basis - which is the only practical basis for dealing with them. (This coincides with the Dan McFadden suggestion that yearly numbers be established for visitation in the use permits giving the wineries the descretion to divide up the number as they wish.)

Visitation is at the heart of the winery proliferation problem and I hope that this becomes the principal focus of APAC in the coming weeks. As David Graves has pointed out in one of the letters here, the committee is dealing with a "wicked" problem that may need a lot more discussion before any more straw polls are taken on specific solutions. Proposal L would be one place to start.

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