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Applicability of Noise Ordinance On page 7 of the ENA,the ENA erroneously indicates that because the existing residences in the immediate project vicinity are constructed on agriculturally-zoned parcels and not on residentially-zoned parcels there is a question regarding the applicability of County noise level standards.The County Noise Ordinance does apply to the residences. Right to Fant The last paragraph under the subheading"Right to Faun Ordinance,"it is implied that this project falls under the exemption of the County Right to Farm Ordinance.The Right to Farm Ordinance docs not apply to quarries. Impacts to Residences The study calculates the noise impact from nighttime plant operations to be 35 to 45 dB at the nearest residence to the east.The background noise on page 1 I is shown to vary from an average L.eq of 42 to 47 dB.On page 18 the study states that the plant will result in noise at the residence of 40+or-5 dB,but fails to add the background or ambient noise level of 42 to 47 dB Leq. Under"Impacts of Nighttime Asphalt Plan Operation Relative to County Exterior Noise Standards"on page 19,the study states that that "asphalt plant noise levels are predicted to be at or below the County's 45 dB Leq noise criteria outside the nearest existing residences". Again. the study docs not add the ambient noise,which already often exceeds the County's nighttime standard of 45 dB Leq. Similarly, it does not add the ambient nighttime Lmax which exceeded the Colony nighttime standard of 65 dI3 Lmax on every night measured on both residences. Base Line Conditions "I he study states on page 1,"In light of the historic nighttime operation of this facility in servicing night paving projects,the proposed application would affect the means by which the applicant obtains permission for night operations,but would not represent new nighttime operations." Actually,the Director has told the applicant he cannot have more nighttime operations without the approval of a Revisions of Approved Actions application, so the base line should be no nighttime operations. It is not clear when the plant was operating during the time that the background noise samples were taken.It appears that the plant was operating at night and already exceeding the noise requirements of the Development Title.(See chart Table 6,7 a.m. 10 p.m. (daytime)and 10 p.m. to 7 a.m.(nighttime). History/Assumptions In the conclusion on page 30,the study indicates"an average of i I nights per year of night operations between 1999 and 2005"and a maximum of 26 nights in 2004.There is an implied assumption that nighttime operations will average 1 l nights per year.The Community Development Department's record indicate in 2005 alone, Munn and Perkins worked a total of 22 ` nights and in 2009 30 nights. Clearly the average number of nighttime operations may exceed the V