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-7- APPEAL STATEMENT NO. 7 In their appeal statement, the appellants state, "Finding#5 is wrong because the properties surrounding the project site are not being used for agricultural purposes and are not scattered residences... the clustering and locations of the neighboring landowner-residents...the density of their clustered housing...are not in keeping with the AG-40 archetype of 40 acres and a house, but rather of innumerable neighborhoods in San Joaquin County. The proposed use is not compatible with the adjoining cluster of residential land uses." RESPONSE TO APPEAL STATEMENT NO. 7 The property is surrounded by primarily agricultural uses to the north, east, and south. 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. There is one residence located 115 feet south of the project site and five residences to the west located approximately 850 feet away from the project site. A residence is a permitted use on the agriculturally zoned property. All the surrounding parcels along the perimeter are zoned AG-40. 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 Planning Commission was able to make Finding No. 5 in the affirmative. APPEAL STATEMENT NO. 8 In their appeal statement, the appellants state, "Findings#2 and 5 [are] wrong because the Staff Report Improperly Employs Presumptive Correctness." RESPONSE TO APPEAL STATEMENT NO. 8 The applicant will have to comply with the Conditions of Approval prior to the issuance of any building permits and during the duration of the operation. Compliance with the Conditions of Approval will ensure the applicant obtains proper permits for the structures built without permits. If the applicant does not comply with the Conditions of Approval, the Planning Commission or Board of Supervisors may initiate action to revoke or modify any development approval pursuant to Development Title Section 9-230. APPEAL STATEMENT NO. 9 The appellant contends Conditions of Approval Lb., c., and k.,regarding the approved use, marketing events, and noise respectively, should be modified or removed. The appellant states "St. Jorge Winery...[is] seeking after-the-fact legitimization"because the proposed structures are already in use. The appellant contends the marketing events are not accessory and subordinate to