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z the official record in this appeal. That Comment Letter is incorporated into this appeal. H. BASIS OF THE APPEAL A. Project Incompatibility with the Facts of Its Residential,Neighborhood Setting The basis of the appeal is the incompatibility of the proposed (and already illegally operated)project with the pre-existing, legal and conforming land uses of the parcels in the family neighborhood surrounding the St. Jorge Winery. This incompatibility of land use stems from the unavoidable nature of routinely conducting large commercial gatherings of people for festivities with amplified music and alcohol in a residential, family neighborhood setting, regardless of any given zoning designation. The "events"proposed are both out of character and incompatible with any neighborhood setting. While the San Joaquin County Code can be read to technically justify the proposed project in its mixed agricultural/neighborhood setting, the real facts of the situation places it well outside the Code's stated intent. Further, the scope and size of the project alone makes it not "accessory and subordinate to" grape-growing and wine production as required by the San Joaquin County Code. Finally, the "basis of the appeal" includes 11. B.,H. C., and H. D. below, as well as the rest of this attachment. B. Pertinent San Joaquin County Land Use Policy B. 1. The San Joaquin County Code Applies to "Wineries and Related Facilities" The County of San Joaquin regulates the use of land through its County Code. Wineries in particular are regulated in Chapter 9-1075, "Wineries and Related Facilities." Chapter 9-1075 states plainly the "Intent" of the Code in regulating "wine grape growing,wine making, and tourism." The County Code's policies on Wineries and Related Facilities also speaks to the concepts of balance between wine production and tourism, and of a"strong nexus": "A strong nexus must exist between the marketing event and the production or storage of wine. The focus of marketing events should be wine." (SJC Code § 9-1075.1.)' I "The intent of this 9-1075 Chapter ,"Wineries and Related Facilities" p [ j is to establish regulations that will acknowledge the distinctive pairing of wine grape growing,wine making,and tourism. The challenge is to provide for agricultural tourism and marketing activities while ensuring that agricultural resources remain vital, A major purpose of this Chapter is to guarantee that both winery and wine cellar marketing events are accessory and are subordinate to the primary agricultural use. A strong nexus must exist between the marketing event and the production or storage of wine. The focus of marketing events should be wine. ... The hierarchy or ranked series of regulations is designed to help the wine industry thrive... while simultaneously discouraging or inhibiting on-going uses that would degrade or that would be incompatible with the ambiance of an agricultural area and the production of wine." (San Joaquin County Code,Title 9"Development Title of San Joaquin County";Division 10,"Development Regulations"; Chapter 9-1075,"Wineries and Related Facilities,"Section 9-1075.1,"Intent" Emphasis added.)