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J Analysis Background The Community Development Department opened an enforcement case for this property on March 2, 2009 (EN-0900139). Enforcement action was taken due to the operation of the religious assembly without permits. Additionally, there is an existing sign advertising the religious facility that was constructed without permits. The property has a zoning designation of Low Density Residential (R-L). Neighborhood religious assembly may be conditionally permitted in the R-L zone subject to an approved Site Approval application. This item, which would ordinarily be processed at the staff level, is being referred to the Planning Commission because of neighborhood opposition. La ndsca ping/Sc reen in g Development Title Section 9-1020.5[e] requires parking areas abutting a residential zone, an area shown on the General Plan.for residential use, or an existing residential use, to be screened with a solid masonry wall six(6) to seven (7)feet in height along the abutting property line and a five (5) foot planting strip adjacent to the required masonry wall and the proposed parking area. The parcel to the north is zoned Low Density Residential (R-L) and has a General Plan designation of Low Density Residential (R/Q. There is an existing residence on the parcel sixty feet north of the proposed parking area. As a result, a recommendation for a solid masonry wall six (6) to seven (7) feet in height along the northern property line near the proposed parking area is included as Condition of Approval 1.j.(1). The applicant is requesting to modify the screening requirements and proposes a six foot high redwood fence along the northern property line adjacent to the proposed parking area. The property owner of the neighboring parcel to the north submitted a letter dated June 9, 2009 indicating he was opposed to a masonry wall being required along the northern property line to mitigate the vehicle noise and requested a chain link fence with slats or the wood fence to remain as it would be more aesthetically pleasing. However, the masonry wall is primarily required to provide screening of the use and parking areas from adjacent properties and not to,mitigate vehicle noise. Development Title Section 9-1020.10 allows the Community Development Department to modify the landscaping/screening requirements if it is demonstrated that an alternative to said requirements would meet the intent of the chapter and result in an equal or greater amount of landscaping. Parkin The site plan indicates a total of 12 parking spaces. Development Title Section 9-1015.3 (Table 9- 1015.3[b]) states that the Religious Assembly-Regional use type requires 0.33 parking spaces per seat. As a result, a minimum of 17 parking spaces will be required. The applicant will need to show the 17 minimum required parking spaces on the Improvement Plan. The applicant has agreed to this condition. Demolition Permit There is currently an existing shed where the applicant is proposing the religious facility. As a Condition of Approval, the applicant shall obtain a demolition permit prior to construction of the religious facility. There is also an existing residence on the property. The applicant has stated the existing residence will be demolished to provide the required seventeen (17) parking spaces. As a result, as a Condition of Approval, the existing residence shall also be demolished prior to the improvement of the parking area. The applicant has agreed to these conditions. San Joaquin CountyPA-0900048/Church of God Community Development Page 3