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REBUTTAL: Brett Jolley said the church members have no issues with the farming operations in the area. The applicant has not applied for a school, which just requires a Site Approval application. The church use is allowed and permitted in this zone. The applicant is requesting a mitigated Negative Declaration. An Initial Study was conducted addressing traffic and noise issues. Access to the site will be on the frontage road and not on the on-ramp. Caltrans does not have an issue with that. Public controversy does not trigger an EIR. PUBLIC HEARING CLOSED: Commissioner Carter said they have allowed churches in agricultural areas. Commissioner Gibson said he can make the findings for approval. Commissioner Devencenzi said he has concerns about preserving agriculture. He has a problem with more development going up in this area. He cannot make Finding No. 6. Commissioner Morri said he can make all of the findings. Commissioner Nickerson said he feels this project will be a church instead of a school. It would be hard to find an area of infill in the city of Stockton. Where else would you find an area that does not abut agricultural land? He is in favor of the project. MOTION: It was moved, seconded (Morri/Carter), and passed by a majority roll call vote (4-1) to: 1 Approve the Negative Declaration; and 2. Approve Use Permit No. PA-0600287 with the Findings and Conditions of Approval contained in the staff report, with the changes to Public Works Conditions No. 3, 6, and 10 and the addition of Condition Na. 18. VOTE AYES: CARTER, GIBSON, NICKERSON, MORRI NOES: DEVENCENZI ABSENT: NONE PC MINUTES PC: 10-16-08