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Traffic: The Department of Public Works did not consider traffic impacts generated by the project to be significant. Traffic Impact Mitigation Fees will be collected, if applicable, prior to issuance of a building permit or approval of final occupancy(Condition No.2.4.). Appeal Statement No.3: In its appeal, the City of Lathrop stated: "Improper characterization of use. Project is labeled as an animal feedlot/sales, should be animal raising thus requiring a conditional use permit.' Response to Appeal Statement No.3: The use type Animal Feeding and Sales 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 Community Development Department classifies the proposed project as Animal Feeding and Sales because the applicant has stated that the animals (hogs)will remain on the site on a temporary basis until they are moved to a Modesto slaughterhouse. Appeal Statement No.4: In its appeal, the City of Lathrop stated: "A negative declaration is not suitable for this project because of the adverse impacts on traffic, noise, air quality, and odors associated with 500 swine so close to urban uses including residences. In addition, critical studies related to storm drain run-off and a sewage and animal waste disposal have been improperly delayed." Response to Appeal Statement No.4: Traffic: The Department of Public Works did not consider traffic impacts to be significant. The Level of Service (LOS)on Frewert Road is A. This project is not expected to exceed the current LOS. Noise: Pursuant to Development Title Section 9-1025.9(c[5]), noise sources emanating from any agricultural operation, including activities associated with the processing or transportation of crops when such activities are conducted on agriculturally zoned lands, shall be exempt from the provisions of the chapter(Performance Standards, Chapter 1025). This project is an agricultural operation. Air Pollution: The Air Pollution Control District stated in a phone conversation on November 8, 2001, that due to the Districts lack of experience with"pig farms%they will defer to the expertise of the Environmental Health Division. Environmental Health Division's Condition of Approval No. 3.6. requires that the applicant submit an addendum to the original manure management plan submitted on March 26, 2001. The manure management plan shall be reviewed and approved by the Environmental Health Division prior to issuing a building permit. Urban Community: The 12.75-acre parcel is outside of the urban community of Lathrop. The surrounding properties are designated AIG (General Agriculture)and zoned AG40(General Agriculture, 40-acre minimum). Land uses in the area include scattered residences. The project parcel is approximately one(1) San Joaquin County SA-01-75\Stagno Community Development Page 4