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Comment Letter <br /> Si Jorge Frrnery "Site Approval Application"PA-1200063 <br /> 3. There is a History of Non-Compliance <br /> This Comment Letter,the Development Department's enforcement action, and letters in <br /> the Development Department's record from the Vierras'neighbors in May of 2012 have all <br /> demonstrated that the St.Jorge Winery has a history of non-compliance with their 2005 permit. <br /> Further,at least one letter exists from prior to the 2012 Expansion Application,written to the <br /> Department's Rick Griffin on February 20,2007,outlining failures of 2005 permit compliance. <br /> If there has been a failure of compliance,then"this approval will expire,and the proiect <br /> cannot proceed" <br /> E. The Vierras Have Violated All of the St.Jorge Winery 2005 Permit's Pertinent <br /> Terms <br /> The Vierras have violated every one of the permit terms they sought,and more,in the <br /> operation of their St.Jorge Winery business since 2005. This is a serious matter, as these <br /> operations have been carried out in a manner calculated to flout the law. Their unpermitted <br /> business conduct has already changed the very character of the quiet community in which they <br /> are located and operate. <br /> The St.Jorge Winery's illegal business operations blaze a path for further outlaw <br /> business activities,challenging those San Joaquin County winery operations conducted <br /> legitimately. If allowed to operate unchecked and unpunished,these types of illegal business <br /> operations will continue to undermine the authority of the County to properly govern and control <br /> land use,and will fruther corrupt the marketplace for law-abiding wineries. <br /> III• THE VIERRAS'APRIL 2012 EXPANSION APPLICATION <br /> In April,2012,the Vierras applied for a permit to expand their"small winery." By its <br /> terms, the application seeks approval for construction of a: <br /> • 5,652 sq.ft.wine garden; <br /> • 300 sq.ft. commercial kitchen; <br /> 1,600 sq. ft storage building; <br /> • 336 sq,ft.wine storage building; <br /> • 288 sq.ft. covered patio; and a <br /> • 420 sq. ft.restroom facility <br /> (Totaling 8,596 sq.ft.,adding— 125%of the currently-permitted buildings;see"IV.B.," <br /> below) <br /> A. The Community Development Department's April 2012 Enforcement Action <br /> 1. The Enforcement Action is for the Vierras'Construction of Facilities <br /> "Without Benefit of Proper Permits" <br /> A week and a day earlier that same month(April 12'),the San Joaquin County <br /> Community Development Department had instituted an enforcement action against the St.Jorge <br /> Winery"for the construction of the wine garden without the benefit of proper permits. A <br /> commercial kitchen was also constructed without benefit of proper permits." (Development <br /> Department staff"Memorandum"of June 7,2012 for the 2012 Expansion Application,pg, 1. <br /> Case#EN-1200170.) <br /> 8 <br />