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12 <br /> Conclusion: The proposed use is not compatible with the Isolas' and other <br /> neighbors' adjoining residential land uses, simply "because ... marketing events shall end <br /> by 10:00 p.m." In fact, it is the very nature of these proposed "marketing events"with all <br /> their associated impacts that the proposed use is not compatible with the surrounding <br /> neighborhood,residential properties. <br /> E. Finding 2 is Presumptively Correct and Highly Suspect <br /> E. 1. Finding 2 reads: <br /> "2. Adequate utilities,access roads, sanitation,drainage and other necessary <br /> facilities have been provided, and the proposed improvements are properly related <br /> to existing and proposed roadways. <br /> • This finding can be made because adequate utilities, access roads, <br /> sanitation, drainage and other necessary facilities have been provided <br /> and the proposed improvements are properly related to existing and <br /> proposed streets and highways. The project will be served by a private <br /> septic system, and individual well, and on-site storm drainage. ... The <br /> Public Works Department is requiring the developer to provide <br /> drainage facilities and meet the requirements of San Joaquin County <br /> Development Standards to prevent the increased runoff release rate of <br /> storm water from discharging onto other properties and to prevent <br /> offsite sediment transport. .." <br /> E. 2. Reason # 1 Why Finding 2 is Wrong: Staff Report Improperly <br /> Employs Presumptive Correctness <br /> The finding's logic: This finding is based on an assumed premiseas follows: <br /> 1) "Because adequate utilities, access roads, sanitation, drainage and other <br /> necessary facilities have been provided,"therefore <br /> 2) "This finding can be made" <br /> The premise that "adequate utilities, access roads, sanitation, drainage and other <br /> necessary facilities have been provided' is assumed to be true, and has no support in any <br /> fact in the record. To the contrary, the record does contain facts that the applicant has <br /> failed to abide by many other permit requirements over an extended length of time. <br /> Therefore: This finding can not be made because there is no evidence in the record <br /> that the required `adequate utilities, access roads, sanitation, drainage and other necessary <br />