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-4- Traffic The Level of Service (LOS) on Frewert Road is A. The Department of Public Works indicated that the project is not expected to exceed the current LOS because the business does not generate a high number of trip ends. The applicant has indicated that there will be one (1) employee at the site. Appeal Statement No. 3 In its appeal, the City of Lathrop states: There has been an improper delay of numerous studies related to sensitive receptors, discharge requirements, noise, waste disposal and traffic impacts. It is inappropriate to approve of a project based on studies yet to be performed. Response to Appeal Statement No. 3 There are no delayed traffic studies or acoustical studies required. The required manure management plan and soil suitability study are commonly encountered reasonable mitigation measures that can reasonably justify an expectation of compliance. Appeal Statement No. 4 In its appeal, the City of Lathrop states: The project has been designated as a "Feed Lot", but it is the City's position that the project is more appropriately defined as "animal raising" and that a Conditional Use Permit is the appropriate level of entitlement due to the large number of animals involved. Response to Appeal Statement No 4 The proposed project is classified under the use type Animal Feeding and Sales. This use type is defined as follows: "The Animal Feeding and Sales use type refers to temporary holding of livestock on a fee or contract basis in preparation for slaughter, market, shipping, or sales. Typical uses include livestock auction yards, stockyards, animal sales yards, and feedlots for cattle, hogs, or sheep." (Development Title Section 9-115.350) The City of Lathrop classifies the project under the use type Animal Raising-Hogs, which requires a Use Permit application. Use Permit and Site Approval applications are subject to the same environmental review. The difference is that Use Permits require a public hearing while Site Approvals can be reviewed at staff level. A legal ad for the public hearing was published in the Stockton Record on August 2, 2002, and 14 public hearing notices were mailed on July 29, 2002.