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City 4 Community Development Department 390 Towne Centre Drive—Lathrop,CA 95330 Planning Division Phone(209)941-7290—Fax(209)941-7268 www.ci.lathrop.ca.us November 19,2020 San Joaquin County Community Development Department Attn:San Joaquin County Planning Commission 1810 East Hazelton Avenue Stockton,CA 95205 Re: Planning Commission Special Hearing Action Item#4 for PA-1800316(UP)(7300 West Delta Avenue,Tracy,CA 95304,APNs:213-020-38 and-41) Dear Commissioners: The City of Lathrop is in receipt of the Planning Commission Agenda Packet for the November 19,2020 Special Hearing and would like to submit the comments below for the record and your consideration: The City of Lathrop provided comments the above referenced application and the Initial Study/Mitigated Negative Declaration(IS/MND)on February 7,2020(via email),July 23,2020,August 20,2020,and October 28,2020. The City of Lathrop has reviewed the Planning Commission Staff Report for Item#4(PA-1800316(UP))and continue to have significant concerns regarding the proposed project and the analysis in the IS/MND. Concerns raised in the City's previous correspondence on potential significant impacts related to odor have not specifically been addressed and/or acknowledged in the Staff Report or the revised IS/MND. The Initial Study does not adequately describe the environmental setting, the thresholds of significance, and the quantitative and/or qualitative impacts of the proposed project as it relates to Air Quality,specifically odor. The staff report references the San Joaquin County Right-to-Farm Ordinance to describe the proposed use and that "residents of property on or near agricultural land should be prepared to accept the inconveniences or discomforts associated with agricultural operations or activates [and that] such inconveniences or discomforts shall not be considered to be a nuisance"as a statement to justify potentially objectionable odors and associated"nuisances"of the proposed use. However,the Right-to-Farm Ordinance does not absolve responsibility to adequately analyze and disclose potentially significant environmental impacts related to odor. Furthermore, the proposed project includes a requirement for approval of a Use Permit which implies that there are inherent issues with this use that need special consideration. Finding Number Four(4)from the"Findings for Use Permit"states that"issuance of the permit will not be substantially detrimental to the public health,safety,or welfare or be injurious to the property or improvements of adjacent properties." Planning Commission Staff Report, PA-1800316(UP) 158 Response Letters