§ 17.88.300. Winery development standards.

A.

Intent. The purpose of this section is to:

1.

Provide opportunity for the establishment of wineries as a viable economic component of the local agricultural industry;

2.

Encourage the development and expansion of wineries in suitable locations while regulating such uses to minimize potential off-site impacts to adjacent land owners and the environment.

B.

Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this section:

1.

"Winery" means an agricultural processing facility used for the fermenting and processing of grape juice into wine, the refermenting of still wine into sparkling wine, the processing and distilling (including storage and bottling) of fermented grape juice, mash, or wine into brandy, or any combination of these processes.

Cross reference— "Winery" defined, § 17.02.636.

2.

"Boutique winery" means a winery that produces up to one thousand cases per year.

3.

"Small winery" means a winery that produces from one thousand one up to five thousand cases per year.

4.

"Medium winery" means a winery that produces from five thousand one up to twenty-five thousand cases per year.

5.

"Large winery" means a winery that produces in excess of twenty-five thousand cases per year.

6.

"Minimum winery acreage" means the minimum amount of contiguous land under one ownership required to establish a winery in accordance with this section. The minimum winery acreage may be achieved by combining the acreage of more than one parcel of land provided such parcels are contiguous and under one ownership.

7.

"Minimum planted vineyard" means the minimum amount of planted vineyard within the minimum winery acreage necessary to establish a winery in accordance with this section. The minimum planted vineyard is calculated as the net planted vineyard acreage exclusive of residences, structures or other buildings.

8.

"Production facilities" means the equipment and structures used for cleaning, crushing, fermenting, bottling, bulk and bottle storage, shipping, receiving, and laboratories.

9.

"Accessory winery event" means a private event hosted by the on-site winery and includes the gathering of people for the purpose of promoting and marketing wines produced on-site by the host winery. Accessory winery events involve wine tasting and private or club sales, and include wine release parties, barrel tasting, wine club activities and similar events, but do not include events open to the public or any event where the facility is rented, or offered for rent, to a second party. Limitations on the number of accessory winery events and/or the maximum number of people attending such events may apply in accordance with Table 17.88.300.

10.

"Special winery event" means any event, public or private, that includes the gathering of people for the purpose of promoting and marketing wine, the wine industry and the host winery, including fund raising events, weddings, anniversary parties, family reunions, and other events of similar character and intensity where the winery, winery facilities and/or grounds are rented or offered for rent to a second party.

11.

"Tasting room" or "public tasting room" means a room, place or portion of a winery designated for the sampling or tasting of agricultural products grown, produced, or processed on-site, including wine or wine products, by members of the public.

Cross reference— "Tasting room" defined, § 17.02.591.

C.

Applicability. Wineries may be allowed in the following zone districts subject to all applicable provisions of this section, including, but not limited to, the permit requirements, minimum acreage and other limitations in Table 17.88.300: Exclusive agricultural (EA); timberland (TL); habitat protection (HP); limited agricultural (A-1); limited residential (R-L); rural residential (R-R); unclassified (U); mixed use (MU); commercial-light industrial (C-M); light industrial (M-L); and general industrial (M).

D.

General Provisions and Operational Standards.

1.

Vineyard Required and Limits on Blending. Except in the C-M, M-L and M zone districts:

a.

Operation of a winery is contingent upon the production and sale of wines produced from grapes grown within the minimum planted vineyard, as defined.

b.

Blending of grapes or wines produced off-site may be allowed in conjunction with wine produced from grapes grown within the minimum planted vineyard, provided the extent of such blending shall not exceed seventy-five percent of annual production.

2.

Vineyard Maintenance Required.

a.

The minimum planted vineyard shall be properly maintained in a healthy growing condition to produce a commercial wine grape crop.

b.

Should the required proper maintenance and care cease to the point where the minimum planted vineyard is no longer producing a commercial crop, as determined by the planning director in consultation with the Shasta County agricultural commissioner, the right to operate the winery shall become void and winery operations shall terminate.

3.

Accessory Uses. Unless otherwise restricted or prohibited, a winery may include the following accessory and subordinate uses, processing and structures, subject to all applicable provisions of this section, all applicable building code requirements and approvals from all agencies with jurisdiction:

a.

Crushing and pressing of grapes;

b.

Fermenting, aging, processing and blending of grape juice, wine and related products;

c.

Proper disposal of winery waste water;

d.

On-site recycling of pomace, culls, lees, and stems in accordance with any applicable report of waste discharge approved by the regional water quality control board;

e.

Bottling and labeling;

f.

Storage of wine in vats, barrels, bottles, or cases;

g.

On-site wine cellars and caves;

h.

Laboratory;

i.

Administrative office;

j.

Shipping, receiving, and distribution of wine;

k.

Refrigeration systems;

l.

Domestic wastewater treatment systems;

m.

Shops and structures for repair, maintenance, machining, welding and storage of winery-related agricultural and processing equipment and machinery;

n.

One public tasting room, pursuant to an alcoholic beverage control (ABC) winegrower's license, the size and location of which shall be specified in the land use permit approved by the county;

o.

Retail sales of wine products produced on-site and related promotional items limited to an area not larger than thirty percent of the indoor area permitted for wine tasting;

p.

Truck scales, loading facilities and truck parking.

4.

Access Standards.

a.

Access driveways to wineries with a public tasting room or special winery events shall, at a minimum, meet the applicable fire safety standards specified in Section 6.12 Private Road, Public Road, and Non-Residential Driveway Standards, of the Shasta County Development Standards, and shall 1) connect to a county-maintained public road; or 2) connect to a private road or permanent road division (PRD) that meets all applicable standards of Chapter 6 Fire Safety Standards or Chapter 2 Road Policies and Standards of the Shasta County Development Standards, whichever is the higher standard, as determined by the servicing fire agency and the director of public works.

b.

If a winery is accessed from a county-maintained road, an encroachment permit may be required to address ingress, egress and sight distance requirements.

5.

Food Service.

a.

All food service associated with a winery shall comply with the California Retail Food Code and all applicable regulations of the Shasta County Code, including, but not limited to, Health and Safety (Title 8), Building and Construction (Title 16), and Zoning (Title 17).

b.

Unless otherwise addressed in a use permit, food service associated with a public tasting room excludes any on-site kitchen, cooking or food preparation facilities and shall be limited to pre-packaged foods.

c.

Eating areas, indoor and outdoor, may be allowed in conjunction with a permitted tasting room provided all such eating area(s) is (are) within the area approved for tasting in the applicable ABC permit and as specified in an administrative permit or use permit approved by the county.

6.

Special Events. Special winery events shall be confined to an area within the interior of the property to minimize the impact of noise and other activities on adjacent and/or surrounding properties. Specific standards and conditions shall be addressed through the required use permit.

7.

Signage. Except in the C-M, M-L and M zone districts, notwithstanding the limitations of the Shasta County sign regulations (Shasta County Code Section 17.84.062(B)(2) and Table 17.84.065), the following shall apply to wineries with an approved public tasting room or special winery events:

a.

One freestanding on-site sign no larger than thirty-two square feet and no more than six feet in height may be allowed for each street frontage of the minimum winery acreage.

b.

Off-site signs containing solely directional information to wineries with approved public tasting rooms and/or special events may be allowed in those zone districts that allow wineries, provided such signs shall not exceed four square feet each, or six feet in height, and shall be limited to the number and location specified in the approved administrative or use permit for the tasting room or special event(s). For example, a directional sign placed along the travel route may be limited to the words "winery" or "wine tasting" with a directional arrow and distance to the destination.

c.

A directional sign meeting the specifications of the public works director may be allowed in the public right-of-way if in the opinion of the public works director it is necessary to improve public safety and maintain traffic flow, and is deemed to be in the interest of the traveling public.

d.

All signs shall be subject to the requirements and approval of all agencies with jurisdiction.

8.

Public Tasting Room.

a.

The primary focus of the public tasting room shall be the marketing and sale of the wine and wine products produced at the winery.

b.

County approval of a tasting room shall be contingent upon approval pursuant to an ABC license.

c.

The size and location of a public tasting room shall be specified in the land use permit approved by the county that allows the public tasting room, and shall be located completely within the area approved for wine tasting activities specified in the approved ABC license; however, the county may approve a smaller tasting area than that approved in the ABC license based on an assessment of the size of the winery parcel and surrounding lands, the nature of and proximity to nearby land uses, anticipated traffic, topography, and other factors determined by the planning director to be relevant.

9.

Solid Waste. All solid waste shall be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, vector, or other nuisance conditions. Pomace, culls, lees, and stems may be recycled onsite in accordance with any applicable report of waste discharge approved by the regional water quality control board.

10.

Winery Production Waste. Standards for winery production waste disposal shall be set, where applicable, by the regional water quality control board and shall be stipulated in the report of waste discharge.

11.

On-Site Sewage Disposal. If public sanitary sewer is not available, then the on-site sewage disposal system shall be designed in compliance with County Code Chapter 8.40, and Chapter 5 of the Shasta County Development Standards, and sized to accommodate employee, tasting room and commercial sewage flows. Portable toilets may be approved by the county environmental health division for permitted and approved temporary and promotional events.

Table 17.88.300
PERMIT REQUIREMENTS, MINIMUM ACREAGE AND OTHER LIMITATIONS

ZONE	WINERY TYPE				OTHER USES
	Boutique	Small	Medium	Large	Accessory Winery Events	Public Tasting Room/Retail Sales	Special Winery Events
EA	Yes 2-ac winery 0.4-ac vineyard	Yes 5-ac winery 1-ac vineyard	Yes (ADM) 10-ac winery 4-ac vineyard	No	Yes (ZP) maximum 2 per month	Yes (ADM) minimum 5 acres	Yes (UP) maximum 4 per month; minimum 20 acres
TL	Yes 2-ac winery 0.4-ac vineyard	Yes 5-ac winery 1-ac vineyard	Yes (ADM) 10-ac winery 4-ac vineyard	No	Yes (ZP) maximum 2 per month	Yes (ADM) minimum 5 acres	Yes (UP) maximum 4 per month; minimum 20 acres
HP	Yes 2-ac winery 0.4-ac vineyard	Yes 5-ac winery 1-ac vineyard	Yes (ADM) 10-ac winery 4-ac vineyard	No	Yes (ZP) maximum 2 per month	Yes (ADM) minimum 5 acres	Yes (UP) maximum 4 per month; minimum 20 acres
A1	Yes 2-ac winery 0.4-ac vineyard	Yes 5-ac winery 1-ac vineyard	Yes (ADM) 10-ac winery 4-ac vineyard	No	Yes (ZP) maximum 2 per month	Yes (ADM) minimum 5 acres	Yes (UP) maximum 4 per month; minimum 20 acres
U*
RL	Yes (ADM) 2-ac winery 0.4-ac vineyard	Yes (ADM) 5-ac winery 1-ac vineyard	Yes (UP) 10-ac winery 4-ac vineyard	No	Yes (ADM) maximum 2 per month	Yes (UP) minimum 5 acres	Yes (UP) maximum 2 per month; minimum 20 acres
RR	Yes (ADM) 2-ac winery 0.4-ac vineyard	Yes (ADM) 5-ac winery 1-ac vineyard	Yes (UP) 10-ac winery 4-ac vineyard	No	Yes (ADM) maximum 2 per month; # people per event as specified in ADM	Yes (UP) minimum 5 acres; maximum occupancy as specified in UP	Yes (UP) maximum 2 per month; minimum 40 acres
MU	Yes (ADM) 2-ac winery 0.4-ac vineyard	Yes (ADM) 5-ac winery 1-ac vineyard	Yes (UP) 10-ac winery 4-ac vineyard	No	Yes (ADM) maximum 2 per month	Yes (UP) minimum 5 acres	Yes (UP) maximum 2 per month; minimum 20 acres
CM	Yes	Yes	Yes	Yes (UP)	Yes (ADM) maximum 2 per month	Yes (ADM)	Yes (UP)
ML	Yes	Yes	Yes	Yes (UP)	Yes (ADM) maximum 2 per month	Yes (UP)	Yes (UP)
M	Yes	Yes	Yes	Yes (UP)	Yes (ADM) maximum 2 per month	Yes (UP)	Yes (UP)

 

Table 17.88.300
EXPLANATION OF TERMS

Winery Type: (see definitions for Boutique, Small, Medium and Large Winery)

Other Uses: (see definitions for Accessory and Special Winery Events and Public Tasting Room)

Zone Districts :

EA = Exclusive Agriculture (Zoning Plan Chapter 17.06)

TL = Timberland (Zoning Plan Chapter 17.10)

HP = Habitat Protection District (Zoning Plan Chapter 17.14)

A-1 = Limited Agriculture (Zoning Plan Chapter 17.04)

U = Unclassified (Zoning Plan Chapter 17.64)

R-L = Limited Residential (Zoning Plan Chapter 17.24)

R-R = Rural Residential (Zoning Plan Chapter 17.26)

MU = Mixed Use (Zoning Plan Chapter 17.54)

C-M = Commercial-Light Industrial (Zoning Plan Chapter 17.52)

M-L = Light Industrial (Zoning Plan Chapter 17.56)

M = General Industrial (Zoning Plan Chapter 17.58)

Land Use Permits :

ZP = Zoning Permit (Zoning Plan Section 17.92.060)

ADM = Administrative Permit (Zoning Plan Section 17.92.050)

UP = Use Permit (Zoning Plan Section 17.92.020)

Minimum Acreage :
Acreage figures refer to the minimum winery acreage as defined and minimum planted vineyard as defined. For example, for a boutique winery in the EA zone, the minimum winery acreage is two acres and the minimum planted vineyard is 0.4 acres.

Other Limitations :
Other limitations apply as indicated and may specify the number of events allowed in a given time period, or the additional acreage required for certain uses. For example, in the limited residential (R-L) zone, a public tasting room and retail sales may be allowed on a five-acre parcel upon approval of a use permit; however, a parcel of at least twenty acres would be required for special winery events (up to two per month) with approval of a use permit.

*

The standards for wineries in an unclassified (U) zone shall be determined by the general plan land use designation of the winery parcel and the zoning commonly applied for that designation as determined by the planning director. For example, a winery in the U zone in a full-time agricultural general plan designation (i.e., A-G or A-C) would have the same standards as the EA zone; a winery in the U zone in a "Rural Residential-A" general plan designation would have the same standards as the RR zone.

(Ord. 2002-6 § 19, 2002)

(Ord. No. 2015-01, § I, 4-14-2015)