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-4- A majority of the Planning Commission was able to make Finding No. 1 in the affirmative. APPEAL STATEMENT NO. 3 In their appeal statement, the appellants state, "Finding#1 is wrong [because] the proposed project is `incompatible with the ambience of an agricultural area and the production of wine'... The wine garden...is an amphitheater designed,built, and advertised for summer concerts. This already conducted activity is `incompatible with the ambiance of an agricultural area and the production of wine"'. RESPONSE TO APPEAL STATEMENT NO. 3 Development Title Section 9-1075.1 states the intent of the Wineries Chapter is to "help the wine industry thrive by allowing a variety of events and a variety of facility sizes while simultaneously discouraging or inhibiting on-going uses that would degrade or be incompatible with the ambiance of an agricultural area and the production of wine." Marketing events can take many forms, including concerts,but they all must promote wine and have wine from the associated vineyard for sale. The applicant indicated there will be amplified sound both indoors and outdoors at the marketing events. A noise study was required to identify possible mitigation measures for any amplified noise source impacts. The noise study, dated August 2,2012,was conducted by J. C. Brennan and Associates. The nearest residence is located 115 feet south of the project site. The proposed wine garden structure will serve as a stage area for concerts and is located approximately 400 feet north of this nearest residence. The noise study analyzed existing background noise levels,proposed wine garden noise levels, and previous music venue noise levels in the courtyard and concluded the wine garden can comply with the county noise level standards provided the following recommendations are implemented: 1) Conduct periodic noise measurements during events at the Control Site. Maximum noise levels due to live events should be monitored at the control site(Site Z in this report), and should be limited to less than 75 dBA Lmax. 2) The winery staff is trained on how to use the sound level meter, use the proper settings on the meter and the meter is calibrated prior to events. The sound level meter shall comply with an ANSI Type 1 or Type 2 certification. 3) Events are required to terminate prior to 10:00 p.m. These mitigation measures are incorporated into the Conditions of Approval. Additionally, marketing events must comply with Development Title Section 9-1025.9 regarding stationary noise standards (50 dB Hourly Equivalent Sound Level daytime, 45 dB Hourly Equivalent Sound Level nighttime, 70 dB maximum sound daytime, 65 dB maximum sound nighttime). Marketing events must end by 10:00 p.m. The Conditions of Approval will ensure the project will have a less than significant effect on the surrounding environment and will be compatible with the ambiance of an agricultural area. A majority of the Planning Commission was able to make Finding No. 1 in