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Analysis Background The "Religious Assembly — Neighborhood" use type has a seating capacity of less than 250 people (Development Title Section 9-115.545[aj) and may be conditionally permitted in the R-L zone with an approved Site Approval application. The Community Development Department approved Site Approval Application No. PA-0300116 on December 8, 2004. An Appeal of Staff Action was submitted by Gary Tracy on December 20, 2004. Appeal Statement No. 1: In his appeal statement, the appellant states the following: Approval of the Project "I'm wondering though, exactly how much thought was given by the planners as to what they allow people to build in a residential area." "This church should be put on hold until this area turns commercial." Response to Appeal Statement No. 1: This project is a 120 seat church. The project is located on a 2-acre parcel and will consist of a 4,800 square foot church building and 1,300 square foot modular building. Development Title Section 9- 115.545(a) classifies a church of this size under Use Type Religious Assembly-Neighborhood. The Religious Assembly — Neighborhood use type may be conditionally permitted in the R-L (Low Density Residential) zone with an approved Site Approval. The Community Development Department determined that all of the required findings could be made for approval of the project. Those findings are contained in the staff report. Appeal Statement No. 2: In his appeal statement, the appellant states the following: Traffic: Public Works Item#9 "In the .9 mile stretch of Larch Rd. that we live on, we already had FOUR churches and the Larch/Clover Community Center. These churches already bring too much traffic to our street." "In the Site Approval Application the traffic study was crossed out. This is absolutely a huge issue on our street." Response to Appeal Statement No. 2: On October 8, 2004, the Department of Public Works met with the property owner and a solution was reached regarding the traffic study that was originally required for this project. The Department of Public Works determined that if the seating capacity of the church was reduced from 249 seats to 120 seats, then the proposed project traffic generation would be below the threshold for applying the requirement of a traffic study. San Joaquin County PA-0300116/People of Christ Community Development Page 3