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REASON FOR RECOMMENDATION: The Planning Commission heard this matter at its regular meeting on February 2, 2012. Six people spoke in favor of the project and six people spoke in opposition. After considering oral and written testimony, the Planning Commission voted 3-2 not to certify as adequate the project's Final Environmental Impact Report No. PA-0900114 and denied the Revisions of Approved Actions Quarry Excavation Application No. QX-89- 0002. On February 10, 1012 George Reed, Inc. appealed the Planning Commission's denial of the Revisions of Approved Applications and decision not to certify as adequate the EIR. APPEAL STATEMENT NO. 1 In their appeal statement, the appellants state, "Contrary to staff recommendation and with full and complete satisfaction of the California Environmental Quality Act on a 3-2 vote,the Planning Commission failed to certify the Munn and Perkins EIR (SCH#200582001) and adopt the CEQA findings. With substantial evidence in the record, the Planning Commission on a 3-2 vote failed to approve the project and find that project benefits outweigh the project's two impacts." RESPONSE TO APPEAL STATEMENT NO. 1 The EIR identified two significant impacts(odor and noise)that could not be mitigated to less than significant levels even with proposed mitigation measures. Following is a discussion of each of the significant impacts: Odor Odors generated from the operation of the asphalt batch plant during the proposed nighttime operations are considered a potentially significant impact even with the proposed mitigation measures. The San Joaquin Valley Air Pollution Control District determined that a minimum buffer for an asphalt batch plant from residences is one mile.However, the asphalt batch plant at the project site is located less than one mile from residences along East River Road, the closest being 0.3 miles(1,600 feet)north of the plant. The use of additives in the Asphalt Concrete(AC)mix may reduce the odor associated with rubberized AC production. However, based on previous complaints, it cannot be demonstrated that all odor impacts to receptors within one mile would be reduced to the point where no future complaints would be received. Therefore,the impact was identified as significant and unavoidable. 3