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Analysis Background On March 21, 1996, the Planning Commission denied a similar request by the Calvary Bible Church for a church to be located at the southwest corner of Winery Road and State Route 99 West Frontage Road (UP-95-16). The denial was based on potential land use incompatibility with Calva Products, located directly north of Winery Road, and other agricultural uses in the general area. The applicants then submitted Use Permit No. UP-96-5 for the present location. This application was approved by the Planning Commission on January 16, 1997. On January 28, 1997, the Planning Commission approval was appealed by Dennis Alexander and the Christy Brothers. The appeal was heard by the Board of Supervisors on February 25, 1997, who voted 4-1 to grant the appeal and overturn the Planning Commission's approval of the Use Permit. On May 13, 1997, the applicants requested that the Board of Supervisors clarity their decision to grant the appeal; was the denial with prejudice, or without, in which case the applicants could resubmit another Use Permit application for this location without waiting the required one year. On a vote of 3 to 2, the Board determined that the appeal was upheld, and the Use Permit was denied without prejudice. On May 23, 1997, the applicants filed the present Use Permit being considered, UP-973. This Use Permit is identical to the previous application with the exception of traffic modifications, which are discussed below. General Plan/Zoning Consistency The project site is designated on the General Plan maps as A/G (General Agriculture) and OS/RC (Open Space Resource Conservation) with an accompanying consistent zone designation of AG-20 (General Agriculture, 20-acre minimum parcel size). According to Table 9-605.2 of the Development Title, 'Uses in the Agricultural Zones,' all three Religious Assembly use types (Neighborhood, Community, and Regional) may be permitted in the agricultural zones subject to an approved Use Permit application. Due to its proposed number of seats, the project is classified as a Religious Assembly - Regional use type. Table VI-1, 'Open Space Resources,' contained in Volume I of the General Plan, lists resources that shall be protected from the adverse impacts of development. These include waterways, riparian habitat, and riparian woodlands. Table VI-1 further states under 'Development Restrictions' that there shall be no removal of riparian woodland. General Plan Open Space Policies 1 and 2 state: 1. The open space resources in Table VI-1 shall be protected as indicated. 2. A Resource Conservation designation shall be used on the General Plan 2010 Map to protect significant resource areas and protect public safety. Biological Resources The site is adjacent to the Mokelumne River and contains a riparian woodland in the southern portion. The central portion contains an abandoned vineyard where numerous Valley Oak saplings have become ` San Joaquin County UP-97-3/Mason Community Development Page 5