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-2- Agriculture(AIG)to Freeway Service(C/FS), and approved Zone Reclassification No. PA-0600552 to change the zoning from General Agriculture, 40-acre minimum (AG-40) to Freeway Service Commercial (C-FS). On March 28, 2008,the applicant submitted a Use Permit. The Public Works Department required a traffic study. The traffic study was prepared by Kimley-Horn and Associates. The traffic study included mitigation measures that were incorporated into the conditions of approval, including fair share payments for four intersections. REASON FOR RECOMMENDATION: The Planning Commission heard this matter at a special meeting on September 23, 2010. Howard Seligman, attorney for the applicant, Chuck McCollum,the project engineer, and Jeff M- artini spoke in favor of the project, Charlie Mtiilen and Toni Roark from the City of Lathrop, and Dalwinder Dhoot spoke in opposition. Charlie Mullen read a letter from the mayor of Lathrop,dated September 23, 2010, into the record. Tom Roark stated that the traffic mitigation was inadequate and also asked that a new mitigation measure be a PP pay added that would have the applicant a a fair share for the"relocation of the Roth Road/Manthey Road intersection to comply with Caltrans standards." Mr. Seligman rebutted that speculative impacts need not be evaluated and that there is no nexus for the applicant to be required to provide mitigation for unknown impacts. Dalwinder Dhoot asked for an Environmental Impact Report. After consideration of all oral and written testimony, the Planning Commission voted 3-1 to approve the Negative Declaration and approve the Use Permit. MR. DH OT'S APPEAL STATEMENTS AND COUNTY RESPONSES: Anneal Statement No. 1 �E In his appeal statement, Mr. Dhoot states that, "Staff failed to address the concerns of Caltrans as well as the City of Lathrop in regards to the I-5 off ramps servicing Roth Road and Manthey Road." According to the appellant, "the City of Lathrop is working in conjunction with Caltrans to realign Roth Road and Harlan Road to the East of the proposed project and would like Roth Road and Manthey Road addressed during this stage of the development."