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then a neighbor or any interested person can make a complaint to the Department of Health and have them go up, and they might make him do something about the facility. There is -, and I don’t know that if there is anything we can do as a condition that would prevent that. And in a way it’s, for that matter, the owner of the property, you know, with or without a bed and breakfast, the neighbor on one side and the neighbor on the other side can make a complaint right now. SIRACUSA: Thank you. ALAMEDA: On this side, Commissioner Watanabe, any questions for the Department, Mr. Director? WATANABE: My question is to the Director. Mr. Director, from the testimony that’s been provided this morning, do you have any special concerns or was there anything alarming that might substantiate the intervenor’s concern that, you know, his right to farm might be affected? ALAMEDA: Mr. Director, is the intervenor’s right to farm affected, you think? YUEN: Well, I mean if you want a bottom line on this, I’m sticking with our favorable recommendation. I think that these are issues that need to be worked out; that they are the kind of things that need to be worked out between neighbors. I think that you may have some of these problems whether you have a bed and breakfast there or not. I don’t have much more to suggest on the way of conditions. I do think, you know, I certainly think the neighbor’s issue is legitimate and I understand what he is saying and I -. WATANABE: And possibly, by your testimony, possibly providing the condition that Mr. Martinage advertises that as a B&B located within an Ag District and that, you know, farm noise should be expected might help with this? YUEN: That’s the only thing that’s really come to mind with me, as far as conditions that would deal with this. WATANABE: Okay, thank you. ALAMEDA: Okay. Final questions for the Director? Seeing none, applicant, you have the final say to respond to any of the testimony before we move forward? CONVENTZ: I would like just one short reminder that Mr. Martinage already admitted that he would be willing to, if you cannot impose the condition, a voluntary condition, that he will not file or would not file a complaint as long as the intervenor stays within the limits of the law. For instance, noise regulations as they apply to anything else that could be assured, maybe you cannot impose that on him, and he said he had no problem. He said, as long as the neighbor stays within the limits of the law, that he would not file such complaints and he would not entertain that, and would make his clients aware that they are indeed visiting a working farm in a working farm neighborhood. EXHIBIT A 28