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I Appeal of Use Permit No-0800102 and the Mitigated Negative Declaration Basis for Appeal: Staff failed to address the concerns of Caltrans as well as the City of Lathrop in regards to the 1-5 off ramps servicing Roth Rd at Manthey Rd.Approval of Mitigated Negative Declaration in violation of CEQA guidelines, staff has taken a biased view of project and decided that they will bend the rules of these guidelines to accommodate a Mitigated Negative Declaration. Background: The Project proposed by Kanwar Kelly C/O Howard Seligman consists of a 4741 square foot truck service building with 9 lanes truck fueling island and 12 lanes auto fueling island.The project will also include a 10,068 square foot convenience store.As well as the approval of an 80 room hotel approximately 62,279 square feet and a full service 4500 square foot restaurant to be built in the near future. The project itself is large by design and will set precedence for the future development of the West side of 1-5 at Roth Rd.Although we do not have any objection to the project itself,we do however have and objection to the biased spin that staff is placing on this project. Both the Proponent of the project as well as staff have continuously stated that the City of Lathrop along with other opponents are basing their objection of opinion rather than fact and that we have not experts among us to speak out in either direction for this proposed use permit. However we have a concern regarding the current and future plans for the Roth Rd intersection that I will outline below with facts backed by Caltrans Engineers and the City of Lathrop's Engineer: 1- The off ramp as approved by the mitigated negative declaration and use permit will consist of 4 stop signs that are within an approximate distance of 1000 feet.The significant increase in traffic from a project of this magnitude will create backups along Roth Rd from the east to the west as well as exiting 1-5 on Roth Rd. a. The city of Lathrop is working in conjunction with Caltrans to realign Roth Rd and Harlan rd to the east of the proposed project and in addition would like Roth Rd and Manthey Rd addressed during this stage of development.The realignment of the frontage roads will allow for adequate spacing to improve the off ramp with signalization as both the City and Caltrans have determined that stop signs are not adequate for the proposed growth of this intersection.The primary concern that we all have including Cal Trans in a letter dated January 191h 2010 is that the Initial traffic study does not take into account the improvements that are to take place along Roth Rd with regards to the new proposed rail transfer facility and other major projects.Also the vehicle counts on both sides of the off ramp that have been used in this traffic study are incorrect according to Caltrans by approximately 60 percent.The volume of cars and trucks exiting these off ramps exceeds their estimate by 60%according to 2005 Caltrans Volume. I