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Comment Letter St Jorge Winery"Site Approval Application"PA-1200063 2. The Enforcement Action Prohibits Further Use of the Illegal Commercial Facilities The Development Department's June 2012 staff memo states further that: "The applicant submitted the subject Site Approval application on April 20,2012 to include the construction of the wine garden,commercial kitchen, and increase the number of marketing events and number of attendees. The applicant also submitted an Improvement Plan application(PA-1200072)that was approved for four special outdoor eventsYl [...] The wine garden structure or commercial kitchen can not be utilized until approval of this Site Approval application(PA-1200063)." B. The Breadth of the Violations is Well Beyond That of the Enforcement Action 1. San Joaquin County Land Use Policy on Wine-Related"Marketing Events" As outlined above,it is San Joaquin County's stated land use policy for wineries and wine-related"marketing events"that"a major purpose"of the County Code is to: a) Guarantee that winery marketing events are accessory and subordinate to the primary agricultural use,and b) Discourage or inhibit on-going uses that would degrade or be incompatible with the ambiance of an agricultural area and the production of wine. (SJC Code§ 9-1075.1.) 2. The Vierms Advertise Their County-Permitted "Small Winery"as"A Full Service Event Destination" In fact,the Vierras have been operating their St.Jorge Winery well beyond the terms of their 2005 permit,and County land use policy,for years. Their winery marketing events are neither"accessory"nor"subordinate"to"the primary agricultural use,"as required by County policy. The winery marketing events are not compatible with the ambiance of an agricultural area and the production. The rubric of calling the business"winery marketing events"is simply a front. The Vierras have been widely advertising their St.Jorge Winery as available for hire for events having nothing to do with"the primary agricultural use"of a winery. They have widely advertised themselves as being a'!full service event destination,"and this is what they have been providing: "We are a full service event destination. St.Jorge Vinery can provide all the necessary attention to detail for weddings, banquets, or small gathering[s]. Your event can be held at St.Jorge in our breathtaking barrel room, magnificent tasting room or outside in the beautiful courtyard. St.Jorge can cater your gathering using our state of the art commercial kitchen[...J . St.Jorge can also offer an exquisite suite for rent, before or after events. [...J St.Jorge Vinery is the perfect place to have an anniversary party, birthday celebrations, receptions, luncheons and social affairs, both formal and casual" See Attachment"A.") This is a ministerial(i.e.,not a discretionary)application. See"III.C.3.,"below. 9