Agua Dulce news
To the Vanguard News Home page 4/16/2003
Pearl Obispo [Signal Staff Writer]
Agua Dulce Vineyards has been ordered to cease operations after county officials, responding to resident complaints, ordered the closure pending a decision on whether permanent land use permits will be granted to the winery.
In a letter dated April 8, the Los Angeles County Department of Regional Planning told the winery that the county received numerous complaints regarding the operations and maintenance of the vineyards.
Alex Garcia, acting supervising regional planner, said it was the winery’s failure to acquire a conditional use permit that resulted in the “cease and desist order.”
“The initial point, the main reason why they received this order, was because they’ve been operating without a conditional use permit,” Garcia said. “In order to conduct a winery in this zone, they are required to obtain a conditional use permit. This particular winery has been operating without such a permit, which is a violation of the county’s zoning ordinance.”
The winery had been given a “clean hands waiver” from the county in October 2001, authorizing it to operate without the permit, pending completion of the permit process.
The Regional Planning Department said it received numerous complaints from nearby residents voicing concern over issues such as noise pollution, traffic congestion and water issues. A petition was sent to the county with approximately 30 names opposing the vineyard.
But supporters for the winery say the complaints are just scare tactics from residents who want nothing more than attention.
“These people have been pretty much opposing us from the beginning,” said winery supporter Penny Young, a friend of the vineyard’s owners, Don and Catherine MacAdam and their business partner Ray Watt.
“We suspect there are personal issues involved,” Young said of the winery foes. “They are part of the reason why the CUP has been delayed. There is no pleasing them. We have bent over backwards for any of the concerns they have.”
Young also responded to the concerns noted on the petition to the county.
“The water issue is not a water issue,” Young said. “Water in your ground belongs to you. With regard to the noise pollution, without a conditional use permit, we can’t flip the switch that turns on electricity, which forces us to use generators. That is the ultimate Catch-22 — we would love to turn the generator off. We really don’t understand their complaints about the traffic.”
Young added: “This is very arbitrary. The Agua Dulce Town Council recommended to deny a local business a CUP — a business functioning under the same ‘clean hands waiver’ — but this business is still functioning. We don’t understand it.”
The winery is relying on the backing of its followers, as well as a meeting scheduled next week with County Supervisor Michael D. Antonovich to garner support and intervention in its battle.
“They say there has a petition with 30 names opposing us,” Young said. “Compare that against the petition we have from December through January with 1,500 signatures supporting us. We are fighting to remain open while we wait for the hearing date. We’re open to the conditional use permit process. It harms no one to let this business continue while we’re waiting for this process to happen. ”
However, Garcia said the waiver Young is speaking of also includes requirements to which the winery must adhere.
“The applicant (Agua Dulce Vineyards) requested a ‘clean hands waiver’ which they thought would allow them to apply for a CUP and at the same time continue to operate,” he said. “However, the waiver just allows them to apply for the CUP. This waiver includes a number of conditions in which they must comply. Since they did not comply, the waiver was revoked.”
Garcia said conditions for the waiver vary, but can include issues related to public safety surrounding the neighborhood. He also said the process of obtaining the permits can be time-consuming, as it includes the approval of environmental reviews, zoning permits and public hearings with the Regional Planning Commission.
In a statement released by Agua Dulce Vineyards, winery officials said the earliest possible CUP hearing for their case is mid-July.
The statement said, “Overwhelming support by the residents and fellow Southern Californians are beseeching the Regional Planning Department to allow the winery to reinstate the ‘clean hands waiver’ long enough for the case to be heard in July before the Planning Commission.”