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-2- <br /> APPEAL STATEMENTS <br /> Appeal Statement No. 1 <br /> The Appeal states, "The Planning Commission erred in approving PA-1000131 (the <br /> Project). As stated by counsel for the Appellant at the hearing of May 19, 2011, the <br /> Project's traffic, noise, air quality and land use compatibility impacts were not properly <br /> assessed pursuant to the requirements of the California Environmental Quality Act, as <br /> well as applicable provisions of the San Joaquin County General Plan and Development <br /> Title. As a result,the Commission lacked sufficient and substantial evidence to support <br /> required Findings 1, 2, and 4 as set forth in the Staff Report to the Planning <br /> Commission." <br /> Response to Appeal Statement No. 1 <br /> Each of the Commissioners was able to make all of the Findings, including Findings 1, 2, <br /> and 4, listed below. <br /> 1. The proposed use is consistent with the goals, policies, standards, and maps of the <br /> General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and <br /> any other applicable plan adopted by the County. <br /> 2. Adequate utilities, roadway improvements, sanitation, water supply, drainage, and <br /> other necessary facilities have been provided, and the proposed improvements are <br /> properly related to existing and proposed roadways. <br /> 4: Issuance of the permit will not be significantly detrimental to the public health, <br /> safety, or welfare, or be injurious to the property or improvements of adjacent <br /> properties. <br /> The environmental impacts of this project were properly assessed. Mitigation includes <br /> 5.05 acres of agricultural mitigation; habitat mitigation through the Council of <br /> Governments; and traffic mitigation from the Kimley-Horn and Associates, Inc. traffic <br /> study through the Department of Public Works. The potential impacts for noise and air <br /> quality were considered less than significant and no mitigation was required. The project <br /> meets General Plan requirements for the C/FS designation. Truck stops and restaurants <br /> may be conditionally permitted in the C-FS zone with an approved Use Permit. <br />