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ia. SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1810 E.HAZELTON AVE..STOCKTON.CA 95205.6232 PHONE:2091468-3121 Fax:2091468-3163 April 19, 1996 Board of Supervisors Courthouse Stockton, CA 95202 Dear Board Members: APPEAL OF CALVARY BIBLE CHURCH OF THE PLANNING COMMISSION'S DENIAL OF USE PERMIT APPLICATION NO. UP-95-16 OF LESTER AND MILDRED CAhKINS (Ci0 CALVARY BIBLE CHURCH, LARRY WENELL) (FOURTH SUPERVISORIAL DISTRICT) IT IS RECOMMENDED: That the Board of Supervisors: Deny the appeal of the Planning Commission's denial of Use Permit Application No. UP-95-16. BACKGROUND: This Use Permit application is to construct a church facility with up to 990 seats, located at the southwest corner of Winery Road and State Route 99 West Frontage Road, north of Lodi. The property is zoned AG- 20. The Planning Commission heard this matter at its meeting of March 21, 1996. At the meeting, Larry Wenell representing the Calvary Bible Church, Pastor Randy Bowman, and Les Calkins spoke in favor of the proposal. Speaking in opposition to the proposal were attorney Mike Hakeem representing Calva Products and Dennis Alexander of California Concentrate. The following issues were raised by the opponents:the church will conflict with agricultural spraying and agriculture operations, conflicts between church traffic and agricultural truck hauling, potentially offensive odors from Lodi Vintner's nearby operations and potential conflict with existing Calva Products facility located north of the project site. After considering all written and oral testimony, the Planning Commission voted 6-1 to deny the project, based on the inability to make Findings 4 and 5. Finding 4 states that issuance of the permit will not be significantly detrimental to public health, safety, and welfare or adversely affect surrounding properties. Finding 5 states that the use is compatible with adjoining land uses. On March 29, 1996, the Calvary Bible Church filed an appeal of the Planning Commission's denial of the project. 1. APPEAL STATEMENT: The Primary opponent, Calva Products,failed to demonstrate how the presence of a church would adversely affect its ability to conduct business now or in the future. Rather than attempt to demonstrate how a church would adversely affect its operations, Calva reasoned that the project should be denied to avoid the possibility of church complaints arising from its future operations.