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8 <br /> C.2. The Reason Why Finding 4 is Wrong: <br /> The reason why Finding 4 is wrong is because issuance of the permit will In fact be <br /> "injurious to the property or improvements of adjacent properties." In fact, it has alrea <br /> been "injurious to the property or improvements of adjacent properties." <br /> Facts not included in staff report to Commission: The property most immediately <br /> adjacent to the proposed project property is the Romano and Judy Isola property. The <br /> Isolas' five-acre parcel, formerly part of the Winery property (then — twenty acres and <br /> divided out), is surrounded on two sides by public roads and on the other two sides by the <br /> Winery property. The Isolas live in a modest,single-story house. The bulk of the <br /> already-built St. Jorge Winery infrastructure is crowded very close to the Winery's <br /> property line, in a location immediately adjacent to the Isolas' home. The close proximity <br /> of the buildings now illegally in place and proposed for Board legitimization has not been <br /> shown by staff to either the Planning Commission or the Board of Supervisors. <br /> The finding's logic: The logic that mere adherence to a requirement that"the noise <br /> ordinance requirements of 65 dB at the property line and have no more than 150 attendees <br /> at each marketing event"will in fact preclude impacts from being significantly detrimental <br /> to the adjacent Isola property is without any basis in fact. The staff argument is based <br /> purely on meeting a standard in the County Code, whose arbitrary application does not fit <br /> the facts of this situation. <br /> Argument: The Isolas' home is situated 115 feet from where the Vierra propose to <br /> play amplified music outdoors for up to 150 people up to 24 times a year (plus four more <br /> for"Special Events"). The noise impacts from the proposed uses can not be mitigated to a <br /> level which is not significantly detrimental to the adjacent Isola property. As such, this <br /> same activity proposed in an area not zoned AG-40,but just as close to a neighbor's home, <br /> would not be allowed due to those impacts. <br /> The existence of a noise ordinance based on property line measurements has no <br /> bearing on the reality of how sound carries beyond the property line to neighbors' homes. <br /> It is not the ordinance's existence that matters to people in their lives, it is how the sound <br /> behaves after it has crossed the property line. Here, the noise has already been"injurious <br /> to the property or improvements of adjacent properties." And if the project is approved, it <br /> will continue to be injurious. <br />