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-6- RESPONSE TO APPEAL STATEMENT NO. 5 The existing and proposed buildings meet the minimum setback requirements of the Development Title. The existing multipurpose building is located fifteen feet away from the side property line adjacent to the Isola's property,which meets the minimum side yard setback distance of fifteen feet pursuant to Development Title Section 9-610.2. Pursuant to Development Title Section 9-1025.9(a)(1), a residential use is a noise sensitive land use and the maximum allowable noise exposure to a residential use is 65 decibels. The nearest residence is the appellant's residence and is located 115 feet south of the existing winery buildings. The wine garden is located approximately 400 feet north of this nearest residence. The noise study concluded the wine garden can comply with the county noise level standards as long as the noise level does not exceed 75 dBA Lmax at the wine garden. This requirement has been incorporated as a Condition of Approval. The Planning Commission was able to make Finding No. 4 in the affirmative. APPEAL STATEMENT NO. 6 In their appeal statement, the appellants state, "Finding#5 is wrong [because] the proposed use is not compatible with the...adjoining residential land use...The number 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...are all testaments to the idea that the proposed project is out of place despite any General Plan, zoning, or Code allowances." RESPONSE TO APPEAL STATEMENT NO. 6 The property is surrounded along the perimeter with parcels zoned AG-40. The nearest residences are located 115 feet south of the project site, 300 feet north of the project site, 800 feet west of the project site, and 650 feet east of the project site. A small winery may be conditionally Permitted in the AG-40 zone subject to an approved Site Approval application and marketing events are permitted as an accessory use. The parcel can accommodate the proposed expansion of buildings and all yards, building coverage, setbacks,parking areas, and other requirements of the Development Title. The existing land use includes a residence, winery, and vineyards. The project is bordered to the north by Gill Creak, to the east by Bender Road, to the south by Taddei Road, and to the west by agricultural parcels with residences. Therefore, the proposed use will not interfere with nor alter current land uses on adjacent properties. The Planning Commission was able to make Finding No. 5 in the affirmative.