Commission considers allowing on‑farm wineries, tasting rooms and ag enterprises without CUP when processing own crops; revenue triggers permits

The commission revisited whether wineries, microdistilleries, breweries and tasting rooms should be treated as accessory agricultural uses or as industrial operations requiring rezoning and permits.

Staff told the commission that the draft code currently places many processing activities, including some wineries, in industrial districts and often requires a conditional use permit for processing that imports raw product. Commissioners and staff agreed that when a farmer grows grapes (or other product) and processes that product on the same parcel to add value, that activity is accessory to agriculture and should be allowed without a conditional use permit. By contrast, staff and commissioners agreed that facilities that import raw product (for example, a winery that brings grapes from elsewhere) should require a conditional use permit.

Commissioners discussed how other California counties treat wineries and tasting rooms; staff cited examples where Napa allows wineries in agricultural zones while Sonoma requires a zone change in some cases. They also discussed other ag enterprises — weddings, clinics, bird-watching tours, UC Davis field visits — and whether a permit should be required. Commissioners reached a working consensus that ag-enterprise activities that do not generate revenue can be allowed outright; revenue-generating venue uses should trigger the conditional-use process. The commission proposed an objective threshold for land disturbance: 5 acres or 5 percent of parcel area, whichever is less, to define when an activity becomes large enough to require review.

Staff noted that distilleries and breweries still require other state permits (for example, federal alcohol licensing) and local public-safety reviews; commissioners emphasized minimizing permitting costs and keeping the CUP process simple and affordable. Staff will revise code language to allow accessory processing tied to on‑site production, clarify definitions for tasting rooms and apiaries, and add the 5-acre/5%-or-less disturbance threshold and a revenue trigger for CUPs to the next draft.