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-8- the primary agricultural use of a winery as the website advertises an event center business and that noise impacts should be properly measured at where they occur,not where they are created. RESPONSE TO APPEAL STATEMENT NO. 9 The applicant applied for the Site Approval application to seek compliance with the County code requirements as a result of enforcement action. Marketing events can take many forms, including concerts and weddings,but they all must promote wine and have wine from the associated vineyard for sale. Pursuant to Development Title Section 9-1025.9, if the location of the outdoor activity area is unknown or not applicable,the noise standard shall be applied at the property line of the receiving land use. Applying the noise standards at the property line of the receiving land use ensures noise impacts are lessened as the requirement is more restrictive than applying the noise standard at the various neighbor's properties. APPEAL STATEMENT NO. 10 The appellant contends, "all conditions appealed should be modified or removed [because of] the applicant's records of violations and...requests that the Board of Supervisors direct the Community Development Department enforcement staff to fully investigate the following: 1) All `Conditions of Approval' for the St. Jorge Winery permit number PA-0500306, issued on or about July 22, 2005 (Attachment A); 2) All requirements for that permit which were related in the June 16, 2005 letter from SJCOG, Inc.,to Gillian Hayes of the San Joaquin County Community Development Department (Attachment B); and 3) All requirements for that permit which were related in the June 29, 2005 letter from the San Joaquin county Environmental Health Department,to the San Joaquin County Community Development Department(Attachment Q. RESPONSE TO APPEAL STATEMENT NO. 10 The above referenced documents were response letters received to Site Approval application No. PA-0500306 that were incorporated into Conditions of Approval and the applicant met the requirements referenced in the letters. The Community Development Department opened the enforcement case(EN-1200170) on the property due to the expansion of the small winery that was approved with PA-0500306 without benefit of required permits. The applicant is seeking compliance with the subject application. A legal ad for the public hearing was published in The Record on October 26, 2012, public hearing notices were mailed on October 24, 2012.