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