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9 D. Finding 5 is Wrong D. 1. Finding 5 Reads: "5. The use is compatible with adjoining land uses. • This finding can be made because [1] the proposed use will not interfere with nor alter the current land uses on adjacent properties. [2] The properties surrounding the project site are zoned AG-40 and are being used for agricultural purposes with scattered residences. [3] The nearest residence is located 115 feet away from the project site on the parcel to the south. [4] As an ordinance requirement, marketing events shall end by 10:00 p.m." D.2. Reason # 1 Why Finding 5 Is Wrong: the "Proposed Use" Has Already Interfered With, and Will Continue to Interfere With, the Current Land Uses on Adjacent Isola Property The finding reads: "This finding can be made because [1] the proposed use will not interfere with nor alter the current land uses on adjacent properties." This portion of Finding 5 is wrong because the so-called"proposed"use a) Has alrea in fact`interfered with the current land uses on the adjacent Isola property; and, b) Will in fact continue to `interfere with the current land uses on the adjacent Isola property. Facts: The Isolas' land use is residential. Their home is located 115 feet from the wine garden/amphitheater from which amplified music (a)has already been played illegally many times for many months, and(b)is now"proposed." As stated eloquently by the neighborhood residents speaking in opposition at the Planning Commission hearing on September 200', the numbers of nearby residents--their locations and proximity to the proposed expansion project, the density of their clustered housing, the community cohesion which exists among these stable home-owning residents, and more, are all testament to the idea that the proposed project is out of place despite any General Plan,zoning or Code allowances. It bears repeating here that, despite the repeated appearance of the term "scattered housing" in the CDD staff reports, the neighborhood is not one of"scattered housing,"but rather is a tight-knit,sub-division-style neighborhood one can find in any city and in many communities in San Joaquin County, their"agricultural"zoning designation notwithstanding.