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Comment Letter <br /> S1.Jorge Winery "Site Approval Applicadon"PA-1200063 <br /> I. INTRODUCTION <br /> A. Comment Letter is Submitted to Introduce Facts into the Record <br /> This Comment Letter is written and submitted to bring the facts stated herein to the <br /> attention of the San Joaquin Planning Commissioners and the County Community Development <br /> Department staff. The facts are stated so as to be introduced into the record of the St Jorge <br /> Winery"Site Approval Application"No.PA-1200063 (SA)hearing before the Planning <br /> Commission,set for September 20,2012. <br /> B. Comment Letter is Submitted to Urge Appropriate Action be Taken <br /> 1. County and State Laws Have Been Broken <br /> This Comment Letter is also submitted to urge the San Joaquin Planning Commission to <br /> take appropriate action under the laws of San Joaquin County and the facts of this Site Approval <br /> Application The applicants are and routinely have been in flagrant violation of the San Joaquin <br /> County laws under which they have been permitted to operate since 2005. <br /> Commercial structures have been illegally built and operated for public hire without <br /> benefit of any government permit, inspection or oversight. Business operations have been both <br /> advertised and conducted well beyond the legal bounds of the San Joaquin County permit under <br /> which the St.Jorge Winery operates. It is the government's duty to prohibit and enforce against <br /> illegal business conduct of the type present here. <br /> 2. Appropriate Action Includes Continuance,Revocation and Removal <br /> Appropriate action includes continuing any consideration of this 2012 Expansion <br /> Application until the facts of the applicants' conduct under their current permit have been <br /> completely and appropriately investigated,reported, and considered. <br /> Given the facts,appropriate action includes denial of the applicants'request for <br /> expansion,revocation of the permit now in place,and removal of the structures now in place <br /> which have been illegally built and operated in violation of San Joaquin County Code and current <br /> permit. <br /> C. Pertinent San Joaquin County Land Use Policy <br /> The County of San Joaquin regulates the use of land through its County Code. Wineries <br /> in particular are regulated in Chapter 9-1075, "Wineries and Related Facilities." <br /> The County's land use policy for wineries and wine-related"marketing events"is stated <br /> clearly in the Code's"Intent"section on Wineries regulation It states in pertinent part that: <br /> 1) "A major purpose"of the Code"is to guarantee that"winery"marketing events <br /> are accessory and are subordinate to the primary agricultural use";and that <br /> 2) The Code's regulations are designed to help the wine industry thrive"while <br /> simultaneously discouraging or inhibiting on-going uses that would degrade or <br /> that would be incompatible with the ambiance of an agricultural area and the <br /> production of wine." (SJC Code§ 9-1075.1.) <br /> 1 <br />