ELK GROVE, CA (MPG) - Owners of the Bartholomew Winery can now offer more and larger events along with events with amplified music after the City Council unanimously approved changes to the city’s Municipal Code for Agricultural-Residential (AR) uses, a new Conditional Use Permit (CUP) and amendments to an existing CUP at its Jan. 28 meeting.

The approvals come despite complaints from nearby residents about the potential for disruption from amplified music as well as from expanded hours. Council members justified their votes by pointing to several conditions of approval putting restrictions on amplified music as well as one allowing revoking the changes upon review of the CUP in the future.

The amended code now lists “Outdoor Event Center” as an allowable use, with approved CUP, in the AR-10, AR-5, AR-2 and AR-1 zones. Centers are allowed on parcels of 10 gross acres or larger, have one to two major arterials as direct primary public access “and where the Outdoor Event Center use is ancillary to an approved winery or agricultural tourism use on the site.” Outdoor event centers were previously not permitted in the AR zoning districts.

Elk Grove senior planner Sarah Kirschgessner said the Bartholomew project includes a request for a new CUP for up to 18 events at the event center. It also includes amendments to the current CUP to increase the number of events at the wine tasting facility from 24 to 48 per year and allow amplified music at the winery. 

“We’re before you tonight for the amendment of my client’s CUP to attract more business and expand their business model, making it more viable,” Darren Wilson of Wilson Land Development Solutions said.

Besides amplified music and additional wine-tasting associated events, the amendments to the current CUP expand the days and times for events and their size. Wine tasting events are now allowed from 11 a.m. to 8 p.m. seven days a week instead of the previous staggered schedule.

Winery fundraising, marketing, tours, dinners and other events are increased to seven days a week, growing from a maximum of 50 to now 125 people, but keep the same 11 a.m. to 9 p.m. hours. Event center activities, including weddings, “live” theater and concerts, are allowed Friday through Sunday, 11 a.m. to 10 p.m. for up to 125 people.

Wilson said he did an online search of wineries within a 25-mile radius of Bartholomew and found eight with outdoor event centers that offer amplified music. Not all were near single-family residential developments like Bartholomew’s.

Bartholomew Winery, located at the southeast corner of the intersection of Elk Grove Boulevard and Bradshaw Road, is surrounded by residential uses to the west and south, vacant commercial land to the north and commercial and industrial uses to the east.

As part of the project, Bartholomew had a noise study performed by Bollard Consultants. The study included four simulations of amplified music with a measuring device placed 50 feet from speakers, a reference point, in the outdoor seating area and four devices placed at winery boundaries, two on the west and two on the south near residences.

Sound pushed through the speakers in the simulations between 7 a.m. and 10 p.m. was measured at 85 dB (decibels) at the seating area reference point. At the two southern points, levels ranged from 59 to 61 dB, with levels at the two western stations ranging from 45 to 47 dB.

According to the website noiseawareness.org, devices generating around 85 dB include a coffee grinder, vacuum cleaner, hair dryer, manual machine tools, freeway traffic and a noisy restaurant. Sounds in the 40 to 60 dB range include a library, refrigerator, electric toothbrush, washing machine, large office and a quiet residential area.

At the Nov. 4 Elk Grove Planning Commission meeting on the winery project, three individuals spoke against the changes, with 18 written correspondences and a petition with 44 signees also submitted in opposition. The commission voted 4-1 to approve the project, recommending reducing winery events to 36 and outdoor center events to 12, along with reducing performance days and times.

Based upon results of the study and comments at the commission meeting, Bartholemew agreed to additional regulations on amplified music including prohibiting subwoofers, which are speakers transmitting sound at very low, often vibrating frequencies, and amplified drums at wine-tasting events only.

They also agreed to ending live music by 8 p.m., 9 p.m. for the event center; and limiting decibels to 75 dB for wine tasting events and 85 dB for winery and outdoor events.

At the Jan. 28 meeting, staff recommended council approve the original request with the above changes.

“Based on the characteristics of the operation, the proposed conditions of approval from the noise study as well as these additional conditions of approval and the compliance with city standards, staff supports the applicant’s request as proposed and believes the project would not be detrimental to the public health and safety of the residents and adjacent uses,” Kirschgessner said.

Six residents spoke at the January meeting, four in opposition and two in support. All who spoke had positive comments about Bartholomew’s business, but opposed the changes mainly based on impacts to the neighborhoods from amplified music.

“Even having the amplified music stop at 9 is an imposition on the quality of the homes,” Katherine McLain said.

McLain asked council to reconsider the 66 total events and instead limit them to 48. Chandler Bender, who said he has children ages 5, 3 and 1 and lives about 200 feet from the winery, suggested allowing the 66 events but prohibiting amplified music.

Wilson, speaking for Bartholomew, said in his survey of nearby wineries providing amplified music, four had residences within an estimated 150 to 215 feet from the winery boundary. As to reducing the number of events, he said the proposed winery events are needed to allow Bartholomew to expand its business and compete with other wineries.

“This would be a complete disadvantage to our client against other wineries,” he added about any further restrictions.

Council members said they felt comfortable approving the code and current CUP amendments as well as the new CUP. The CUPs carry 39 conditions of approval, with 12 addressing the noise issue.

The only change proposed was by Councilmember Kevin Spease, who suggested a condition requiring the winery keep a log of events be limited to 60 days. Council agreed.

“You can lose a conditional use permit if you don’t maintain the conditions laid out,” Spease added.