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Comment Letter St. Jorge Winery "Site Approval Application"PA-1200063 D. The St.Jorge Winery Is and Has Been Operating Outside Its 2005 Permit For Years As explained in detail below,the St. Jorge Winery business received a permit from the San Joaquin.County Community Development Department in 2005. Since then the St.Jorge Winery has been conducting its operations well bevond the terms not only of that permit,but beyond the laws of the San Joaquin County Code as well. These illegal business operations already conducted include: • Advertising the Winery as"a full service event destination,"which offers • "All the necessary attention to detail for weddings,banquets,or small gathering," with • The serving of food at large events,by "Using our state of the art[uninspected and unapproved] commercial kitchen," including • The use of amplified music,while • Holding more than its permitted four events a year,with • More than 25 people per event, none of which is allowed in the Winery's current San Joaquin County permit. E. The St.Jorge Winery's Land Uses and Business Operations Are Contrary to San Joaquin County Code Land Use Policy The County's land use policy for wineries and wine-related"marketing events"is stated above See`I C.,"SJC Code§ 9-1075.1, "Intent."). Vernon and Jenise Vierra,the owners and operators of the St. Jorge Winery,have been and still are conducting their"marketing events"business operations in a manner which: 1) Is in fact incompatible with the ambiance of the agricultural area in which they are located, and which 2) Has in fact already degraded the ambiance of that agricultural area, and 3) Is in no way`accessory and subordinate to the primary agricultural use' as required by law. F. The 2012 Expansion Application's Initial Study is Flawed 1. Role of Initial Study in Permit Application An"Initial Study"was required of the applicants in order to process their application. The Mitigated Negative Declaration(MND)is the environmental review document which the Community Development Department staff has determined is appropriate for approval of this "small winery"expansion project. In this project,the Initial Study is formally"attached"to the MND. The purpose of an Initial Study and a Mitigated Negative Declaration are to constitute the pertinent facts and logic necessary in order for the Planning Commission to make the findings required by law for project approval. The August 2,2012 MND concludes that`Based on the attached Initial Study, it has been found that the project will not have a significant effect on the environment." 2