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Noise: A noise study was conducted by J. C. Brennan &Associates, Inc. dated June 17, 2008 because the Religious Assembly use type is a noise sensitive land use (Development Title Table 9-1025.9 Part 1) and a portion of classroom building one lies within the 65 dBL noise contour for North State Route 99 East Frontage Road. The noise study concluded standard commercial construction practices consistent with the uniform building code will mitigate for interior traffic noise levels. The study also concluded a sound wall six feet in height should be constructed on the western edge of the children's play area if the children's play area is used at night. The applicant has stated the children's play area is only used during the daytime and therefore, no mitigation is required. As a Condition of Approval, the applicant will be required to construct the masonry wall if the play area is used at night. Traffic: Neighbors expressed concerns about the impact of traffic and the projects effect on the proposed State Route 99 and Eight Mile interchange modifications from Caltrans. However, Public Works and the traffic consultant cannot review the interchange modification as a final design has not been determined. A traffic study dated May 8, 2008 was conducted by Dowling Associates, Inc. The study determined the highest level of traffic generated by the church will be on Sundays between 10:00 a.m. and 11:00 a.m. The traffic study analyzed surrounding public roads, including the existing State Route 99 and Eight Mile Road interchange, and concluded there were no potentially significant impacts to the public roads. However, the traffic study identified a potentially significant impact regarding on-site circulation with the intersection of Eight Mile Road and the project's private driveway and concluded the southbound shared left-right on-site lane should be split into separate, exclusive left and right turn lanes to ensure any impacts from traffic will be less--than-significant. The Department of Public Works has included this mitigation measure as a recommended Condition of Approval to mitigate for traffic impacts. These Conditions of Approval will ensure the significant traffic related impacts to Eight Mile Road and North State Route 99 East Frontage Road level of service will be reduced to a less-than-significant level. Services: The project site is not required to be served by public services. The septic system and water well will be constructed under permit and inspection of the Environmental Health Department. The on- site retention basin wifl be reviewed and approved by the Community Development Department Building Division. Riparian Habitat: Bear Creek abuts the western and northern property lines of the project site. There is an existing levee which protects the riparian habitat. The Department of Public Works is requiring, as a Condition of Approval, a building setback of ten feet from the toe of the levee. Additionally, to allow Channel Maintenance to maintain the levee without interfering with the vegetation of the proposed project, a six foot solid fence or wall is required along the property line and access shall be deeded to San Joaquin County Flood Control and Water Conservation district prior to the issuance of a building permit. Land Use: This project conforms with the current zoning of AG-40 (General Agriculture, 40 acre minimum lot size) and the General Plan designation of AIG (General Agriculture). The surrounding uses are agricultural. This proposed use may be conditionally permitted in the AG-40 zone with an approved Use Permit application. Agency Response Letters Farm Bureau- The Farm Bureau sent a letter of opposition stating the project could have "the potential to adversely affect surrounding agricultural operations and accepted farming practices. This facility may also impair local habitat and water quality along Bear Creek." The Farm Bureau opposes "the encroachment of establishments not relating to agriculture continually applying for special use permits to build on agricultural land." As previously discussed, the religious assembly-regional use type may be a conditionally permitted use in the AG-40 zone with an approved Use Permit application. Furthermore, the primary project site (APN# 059-260-58) is not located on prime farmland and is fallow_ San Joaquin County PA-0600287/Harvest Bible Church Community Development Page 4