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r4 -3- APPEAL STATEMENT NO. 2 "The staff report which the Planning Commission used as its basis for their conclusions were flawed. It contained several errors. One being as a mitigation measure, condition of approval, three (3)traffic signals will be installed, along with turn pockets at each intersection. These are State Hwy 120 and Carrolton, State Hwy 120 and Van Allen, State Hwy 120 and French Camp Rd. The Planning Dept staff member Jason Jones, stated that lights at Van Allen Rd. and French camp were a"misconception,"that the decision was up to Cal Trans to install those lights. The lights at French Camp and Van AIlen_, the actual mitigation will only include Carrolton and State Hwy 120 for this project." RESPONSE TO APPEAL STATEMENT NO. 2 The staff report is correct and reads as follows: "A traffic study dated June 2, 2008 was conducted by KD Anderson& Associates, Inc. The traffic study identified a potentially significant traffic impact at the intersection of Carrolton Road and State Route Highway 120; as a mitigation measure,the developer shall install a traffic signal prior to issuance of a building permit for Phase II. The study also identified potentially significant traffic impacts at the , intersection of French Camp Road and State Route Highway 120 and at the intersection of Van Allen Road and State Route Highway 120; as a mitigation measure, the developer must pay their fairshare cost toward the installation of a traffic signal and turn pocket for each of these intersections." The Department of Public Works has stated that there is not a proposal for the installation of traffic signals at the intersection of French Camp Road and State Route Highway 120 and at the intersection of Van Allen Road and State Route Highway 120. However, if traffic signals were to be proposed in the future and installed at these intersections,the developer would be subject to their fairshare cost. APPEAL STATEMENT NO. 3 "On page 9 paragraph F,The Regional Traffic Impact fee shall be required for this development. The fee is due and payable of the time of each building permit application. The fee currently is $1,399.00 per gross 1,000 square feet of building-The fee is based on the current schedule (Resolution R-06-38). Staff member Jason Jones informed me that this paragraph should not be in the report..Why?" ' k RESPONSE TO APPEAL STATEMENT NO.-3 The Department of Public Works states that the developer is subject to the Regional Traffic Impact k fee contained in Condition of Approval 2. e. However,Public Works no longer references the fee calculation($1,3999.00 per 1,000 gross square feet of building classified as Service Commercial) in their Conditions of Approval because the fee is subject to change. J