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13 <br /> facilities have in fact been provided,' this is a presumption. <br /> Further, there is evidence in the record of applicants' failure to meet other permit <br /> requirements. Therefore, any presumption would reasonably be that "adequate utilities, <br /> access roads, sanitation, drainage and other necessary facilities" have in fact not "been <br /> provided." Finally, there is no evidence in the record that any of the requirements have <br /> actually been met;all compliance is merely assumed to have happened. <br /> E.3. Reason #2 Why Finding 2 is Highly Suspect: Applicants' Established, <br /> Unresolved Record of Operating "Without the Benefit of Proper <br /> Permits" <br /> On April 12u', the San Joaquin County Community Development Department <br /> instituted an enforcement action against the St. Jorge Winery "for the construction of the <br /> wine garden without the benefit of proper permits. A commercial kitchen was also <br /> constructed without benefit of proper permits." (Development Department staff <br /> "Memorandum" of June 7, 2012 for the 2012 Expansion Application, pg. 1., Case # EN- <br /> 1200170.) There is nothing in the record even suggesting that this failure of <br /> compliance, or any other failure, has been rectified. Since the applicants have <br /> demonstrated undeniably that they do not obey the San Joaquin County Code, nor the <br /> express terms of the County's 2005 St Jorge "Small Winery"permit, it is unreasonable to <br /> assume that they have obeyed the law in other areas not yet investigated. <br /> E.4. Reason # 3 Why Finding 2 is Highly Suspect: Applicants Continue to <br /> Operate Illegally After Being Told Face-to-Face Not To <br /> The Community Development Department staff provided a report (undated, <br /> electronically transmitted September 14, 2012) for the Planning Commission's <br /> consideration at the hearing held on September 20,2012. The staff report makes reference <br /> to a public `community development committee' meeting held at the CDD office on June <br /> 22, 2012 regarding this 2012 Application. Present at that meeting were county staff <br /> members from the CDD and other county departments, and Vernon and Jenise Vierra. <br /> At that publicly-attended meeting, CDD staff member Mo Hatef explicitly told <br /> Vernon and Jenise Vierra that they were not to use their illegally-installed commercial <br /> kitchen or amphitheater until proper permits were obtained. The (9-14-12) staff report <br /> states under `Enforcement" that since the June 22, 2012 meeting, `Violations have <br /> occurred"in which"it was determined the commercial kitchen structure was utilized and a <br /> marketing event did take place exceeding the maximum permitted number of 25 <br /> attendees." <br /> The applicants have thus demonstrated undeniably that they do not obey San <br /> Joaquin County Code or its permit law, even despite an expressly worded, face-to-face, <br />