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Comment Letter St Jorge Winery "Site Approval Application"PA-1200063 2005 New Facility Application 2012 RVansion Application 3,000 sq. ft bldg for lobby sales and 5,652 sq. ft. wine garden display,lab,wine processing room and 300 sq. ft.commercial kitchen temporary barrel storage 1,600 sq. ft. storage bldg 3,840 sq. ft.bldg for wine tasting,barrel 336 sq.ft. wine storage bldg storage(including a 512 sq.ft. second unit 288 sq. ft. covered patio dwelling) 420 sq ft. restroom facility Total sq.ft: 6,840 1 Total sq.ft.:.... . .... ......... 8,596 C. The Fraud Has Been Active Since the 2005 Permit Was Granted The Vierras have been committing fraud against the County ever since they first hired the contractors that designed and built the facilities as described above without benefit of County knowledge or oversight, let alone permitting. The scope of the illegal development to date is well beyond the activity represented in the 2005 application, as well as the terms of the permit as granted. For years the Vierras have engaged in planning, contracting,building,advertising,and then operating these unpermitted facilities by making them accessible to the paying public,all without ever intending to get County approval until caught. This is fraud,pure and simple. V. SAN JOAQUIN COUNTY'S ROLE AS GOVERNMENT AGENCY A. The San Joaquin County Code Prohibits and Punishes This Behavior I. "Wineries and Related Facilities"Regulation Has Enforcement Sanctions The type of business behavior described herein is directly addressed in the San Joaquin County Code's Chapter 9-1075,"Wineries and Related Facilities." Enforcement of the "Wineries"chapter is found in section 9-1075.10,named"Enforcement,"which says that violations of the"Wineries"chapter are enforced pursuant to Chapters 9-230 and 9-1905. 2. Grounds for Winery Enforcement Sanctions San Joaquin County Code Chapter 9-230 is named"Revocation Procedure'; section 9- 230.4 is named"Grounds for Revocation or Modification,"and it says that: "A development approval may be revoked or modified pursuant to the provisions of this Chapter upon a finding of any one(1)or more of the following grounds: (a) Fraud. That such development approval was obtained or extended by fraud; (b) Violation of Condition. That one(1)or more of the conditions upon which such development approval was granted have been violated; or (c) Adverse Impacts. That the use or facility for which the development was approved was granted is so conducted or maintained as to be detrimental to the public health or safety,or as to be a public nuisance." 15