RoofSceen CUP – 1 · 7/22/2020 · Conditional Use permit and Oak tree removal permit forthe RoofScreen Project. RoofSceen CUP – 2 PROJECT DESCRIPTION: Project management, fulfillment,

RoofSceen CUP – 1

CITY OF ANGELS CAMP PLANNING COMMISSION HEARING

July 22, 2020 STAFF REPORT ROOFSCREEN

ITEM NO. 1 DATE: July 22, 2020 FROM: Amy Augustine, AICP – City Planner OWNER: Ryan and Heather Bruce, Trustees APPLICANT: RoofScreen Mfg. by Ryan Bruce and Lad Wallace LOCATION: 688 Murphys Grade Road

ASSESSOR'S PARCEL NOS: 057-023-023 and -024 (merger pending) GENERAL PLAN: Business Attraction and Expansion (BAE) ZONING: Business Attraction and Expansion (BAE) RECOMMENDATION Staff recommends that the Planning Commission hold a public hearing and:

Adopt Resolution 20-09 Certifying the Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the proposed project; and approving the Conditional Use permit and Oak tree removal permit for the RoofScreen Project

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PROJECT DESCRIPTION: Project management, fulfillment, and assembly operations for a light manufacturing facility in two buildings (an office and a manufacturing building) totaling approximately 19,000 square feet and illustrated in Figures 2 through 8 of the attached Initial Study/Mitigated Negative Declaration. RoofScreen focuses on creating equipment screens, supports, anchors, platforms, sound screens and associated structures for rooftop facilities (e.g., hiding HVAC units etc.). The facility anticipates expanding its products to meet new demand. Additional information about RoofScreen can be found at https://www.roofscreen.com/ . The facility’s fabrication facilities will be available to serve public and private entities. Powder coating will not occur at the project site. A detailed list of project operations and equipment is in Attachment A of the Initial Study/Mitigated Negative Declaration. On a weekly basis, an average of 6-8 tractor trailer combinations will visit the site and 2-3 flatbed trucks. BACKGROUND: The proposed mitigation measures and conditions of project approval for this project are found in Attachment A. An Initial Study/Mitigated Negative Declaration has been prepared for this project and is and included as Attachment B. As of 7/15/20, no comments to the IS/MND had been received. Any responses received by 7/17/20 will be provided to the Planning Commission on 7/20/20 and at the public hearing on 7/22/20. ANALYSIS: Pursuant to the Angels Camp Municipal Code (AMC), Section 17.34.080, light industrial or manufacturing uses require a conditional use permit in the Business Attraction and Expansion (BAE) zoning district.

Pursuant to 17.78.010 of the AMC, the purpose of a conditional use permit is to allow public review and City discretion in the control of certain uses which may be necessary but which may cause public concern, affect property values or disturb the character of a neighborhood if they are not carefully located and controlled. The use permit process is necessary to carry out review and exercise control over this category of potentially harmful or inappropriate uses. Use permits may be approved or denied by the planning commission. They are usually conditional when they are approved. They may be revocable or valid for a term period. Guarantees to ensure compliance with terms and conditions may be required. Pursuant to 17.78.030 of the AMC, the following findings are required for issuance of a conditional use permit: FINDING A: The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter are needed to make said use compatible with land uses in the neighborhood Yards, spaces, walls, fences, landscaping Pursuant to AMC 17.37.070, site development standards in the BAE district are:

https://www.roofscreen.com/

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Development Standard Complies, Does not Comply, Not Applicable (N/A) Minimum lot area for new lots, 10,000 square feet

Complies. Upon completing the merger, an 87,120± square foot lot plus a 125,453 square foot lot will be merged to total 212,573± square feet. Because project construction will span two lots, a lot merger is required. A lot merger was approved by the City of Angels on July 9, 2020 subject to filing a parcel map. A condition of project approval is attached to the project requiring that the parcel map be filed prior to commencing construction.

Impervious surfacing, 65% and up to 75% with Planning Commission Review

Complies. Total parcel area is 212,573± square feet (4.88± acres). Total area to include buildings, roofing and paving totals less than 79,200 square feet (approximately 37%).

Building coverage: 50% maximum Complies. Building coverage totals approximately 19,000 square feet of the 212,573 square-foot site (9%).

Maximum building height: 50 feet Complies. The highest peak on the tallest structure is 30’4”. Lot width: 70 feet Complies. Lot width exceeds 70 feet. Lot depth: 100 feet Complies. Lot depth exceeds 100 feet. Front setback: 20 feet Complies. Front setback to parking is approximately 148 feet

from Murphys Grade Road (37 feet from the road to parking) Rear setback: 20 feet Complies. Manufacturing building is 20 feet from the rear

parcel boundary. Side setback: 5 feet Complies. All buildings are 15 feet or more from the side

parcel boundaries. Parking/loading Pursuant to AMC Section 17.69.040 (Table 1), General manufacturing, industrial and processing uses require the following number of parking spaces:

Parking requirement per code Parking requirement for Project

# of parking spaces required

Two parking spaces for each 1,000 sq. ft. of gross floor area for the first 25,000 square feet. Gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for "Offices."

18,500± sq.ft. mfg. 16,000 sq. ft. mfg. 2,500 sq. ft. office (20% is up to 3,700 sq. ft. for office)

37

The project proposes to create 38 parking spaces. This complies with AMC Section 17.69.040. Landscaping and Fencing Per Section 17.37.070 (G) of the AMC, projects in the BAE zone require 20% landscaping. Pages 19-25 of the attached Initial Study/Mitigated Negative Declaration evaluates the adequacy of landscaping and

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fencing and identifies applicable mitigation measures and conditions of project approval necessary to comply with CEQA and Chapter 17.63 (Landscaping) of the AMC. Oak Tree Removal Project consistency with Angels Municipal Code (AMC) Chapter 17.64 is the City’s Oak Tree and Heritage Tree Preservation Ordinance (Tree Ordinance) are discussed in the attached IS/MND’s Aesthetic and Biological Resources Sections. Project conditions (Attachment A) are incorporated to ensure compliance with these provisions. Subject to the mitigation measures and proposed conditions of project approval included in the attached IS/MND, Finding A can be made. FINDING B: The site for the proposed use is related to street and highways adequate in width and surface type to carry the quantity and kind of traffic generated by the proposed use The proposed project is accessed from a paved private driveway off Murphys Grade Road. The driveway will serve the proposed project immediately off the driveway at its intersection with Murphys Grade Road. Per AMC Section 17.69.080 (3 and 4), driveways for nonresidential uses shall have a minimum paved width of twelve feet for one-way driveways and twenty-four feet for two-way driveways. The review authority may modify the driveway width based on recommendations from the city engineer. At the project entrance/Murphys Grade Road, the project driveway will be approximately 46 feet wide sufficient to accommodate the 24 feet necessary for the proposed project’s two-way traffic. In accordance with development standards, a condition of project approval shall require acquisition of an encroachment permit onto Murphys Grade Road, additional paving at the encroachment may be required in conjunction with the encroachment permit. Transitions from any newly paved areas affecting existing driveways (e.g., the entrance to the church) shall be improved in conjunction with paving. All parking areas also shall be paved in accordance with the City’s design standards. Because the primary use of the northerly portion of the driveway within the project parcel boundaries will be to serve the RoofScreen project, the project shall be responsible for the maintaining the driveway to the southerly limit of the site access driveway plus 20 feet to City standards throughout the life of the project (See Figure 1). Site distance and maintaining landscaping and site distance throughout the life of the project is addressed in the IS/MND and associated mitigation measures. Caltrans comments relative to accommodating traffic turns at the Murphys Grade Road/SR 49 intersection are addressed in the IS/MND. Mitigation measures to ensure pavement maintenance at the intersection, and an adopted truck route were included. Subject to the mitigation measures and proposed conditions of project approval included here and in the attached IS/MND, Finding B can be made.

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Common use driveway area to be maintained by Project throughout the life of the project (southerly limit plus 20 feet)

Figure 1: Common Driveway Area to be maintained by Project

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FINDING C: The proposed use will have no significant adverse effect on affected property. FINDING D: The conditions stated in the decision are deemed to protect the public health, safety, and general welfare Advisory agencies and adjoining landowners within 300 feet were notified of the proposed project. As of 7/15/20, responses were received from:

Calaveras County (Planning and Public Works) Bret Harte Union High School District Caltrans Sacramento District Church of the Nazarene Stephanie and Adam Copp (660 Murphys Grade Road) Angels Camp Fire Department

Should additional responses be received prior to the public hearing, they will be addressed at the public hearing. The neighboring landowners expressed concerns related to noise, use and maintenance of the private driveway, degradation of stream and wildlife habitat. These issues are addressed in the attached IS/MND. Mitigation measures have been required addressing access, noise and maintenance of water quality and wildlife habitat. Maintenance of the private driveway is addressed under Finding B. As discussed in the IS/MND, potentially significant adverse impacts were identified for the project. However, mitigation measures have been identified to minimize those impacts to a level of less-than-significant. Therefore, the proposed use will not have a significant adverse effect on the property or surrounding properties provided the identified measures are properly implemented and maintained. Subject to the mitigation measures and proposed conditions of project approval included in the attached IS/MND, findings C and D can be made. Finding E: The proposed use complies with the general plan and this title The project site carries a general plan land use designation of Business Attraction and Expansion that is consistent with the Business Attraction and Expansion zoning district per General Plan 2020 Table 1-5. Therefore, the project carries consistent general plan and zoning designations. Section 2.11 of the attached IS/MND addresses consistency with the General Plan Land Use restrictions related to sewer capacity and finds the project consistent. In addition: Angels Municipal Code 17.37.010 states that the purpose of the BAE zoning district is:

…to establish and preserve areas for a mixture of light industrial and commercial land uses so that the allowed uses do not create serious compatibility problems with other kinds of land uses. This zone district makes provisions for certain kinds of light industrial and commercial uses such as business parks, educational parks, and wholesale businesses. This zone district makes the BAE land use category consistent with the city’s general plan.

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The proposed project is a light industrial use. Based on the measures identified in the attached IS/MND and herein, the project is compatible with surrounding land uses provided the identified mitigation measures are properly implemented and maintained. General Plan Goal 1E encourages well-designed commercial development compatible with the rural character of the community that contributes to the City’s economic base. The proposed project is designed to reflect a barn-like structure compatible with the City’s rural character. The project will create living wage jobs contributing to the City’s economic base. General Plan Goal 10A calls for the maintenance and enhancement of the City's economic vitality while conserving the City's social, cultural, environmental, and aesthetic resources. As shown in the attached IS/MND, the proposed project will conserve the City’s cultural, environmental, and aesthetic resources provided the identified mitigation measures are properly implemented and maintained. Implementation Programs 10.A.c and 10.A.d requires the City to develop, establish, and maintain a Business Attraction and Expansion Land Use Designation and zoning district. The proposed project will provide light industrial development on land designated in the general plan and zoned Business Attraction and Expansion consistent with this program.

Policy 10.B.2 calls for the City to encourage and facilitate the location of median wage jobs in the city. The proposed project will bring living wage/median wage jobs to the City consistent with this policy. Based on discussions in Sections A-D and above, the project is consistent with the Angels Municipal Code. Based on the preceding and the attached IS/MND, the project is consistent with the general plan. Finding E can be made. ENVIRONMENTAL FINDINGS: Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (Attachment B) and Mitigation Monitoring and Reporting Plan (Attachment A) were prepared for the proposed project The study concludes that, based on the information contained in the Initial Study, including incorporation of mitigation measures identified, there is no substantial evidence that the project will have a significant adverse effect on the environment. Therefore, approval of the proposed project will not result in significant adverse impacts on either the natural or cultural environment provided the mitigation measures discussed in the study are properly implemented and maintained. ATTACHMENTS:

A. Planning Commission Resolution 20-09 with Mitigation Monitoring and Reporting Plan and Conditions of Project Approval

B. Draft Initial Study/Mitigated Negative Declaration with Mitigation Monitoring and Reporting Plan

C. Responses to comments received prior to July 17, 2020 will be provided on July 20, 2020 or at the

public hearing on July 22, 2020.

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Attachment A Resolution 20-09

ROOFSCREEN

Mitigation Monitoring and Reporting Plan

and Conditions of Project Approval

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CITY OF ANGELS PLANNING COMMISSION

Resolution No. 20-09

RESOLUTION PASSED AND ADOPTED BY THE CITY OF ANGELS PLANNING COMMISSION FOR

ROOFSCREEN 688 Murphys Grade Road

APNS: 057-023-023 and -024 (merger pending) WHEREAS, the City received an application for a Conditional Use Permit for the RoofScreen

Light Manufacturing Facility at the above location; and WHEREAS, the City of Angels Municipal Code requires that such development requires a

Conditional Use Permit and tree removal permit; and WHEREAS, the City of Angels Municipal Code establishes that such development requires

review by the City of Angels Planning Commission; and WHEREAS, at a duly noticed public hearing and after gathering input from the public, the

Planning Commission heard and considered the proposed project; and WHEREAS, it has been determined that the Project complies with the applicable sections of the

City of Angels Municipal Code and is consistent with the City of Angels General Plan; and WHEREAS, an Initial Study/Mitigated Negative Declaration with Mitigation Monitoring and

Reporting Plan was prepared and circulated in accordance with the California Environmental Quality Act and a Notice of Determination shall be filed; and

NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Angels

hereby approves the following 1. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and

Reporting Plan for the proposed Project based on following findings A through E and subject to the mitigation measures contained in the Mitigation Monitoring and Reporting Plan: A. A Mitigated Negative Declaration was prepared for this project in accordance with the

provisions of the California Environmental Quality Act; and B. The project will not have a significant effect on the environment because changes or

alterations have been adopted which mitigate or avoid significant effects on the environment and those measures have been made conditions of Project approval and are fully enforceable through permit conditions, agreements, or other measures; and

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C. A mitigation monitoring and reporting plan has been adopted for this project; and D. The City of Angels Planning Commission has independently reviewed and analyzed the

environmental document prepared for the proposed project and certifies that the mitigated negative declaration reflects the independent judgment of the City of Angels; and

E. The location and custodian of the documents or other material which constitute the

record of proceedings upon which this decision is based is the City Planner, City of Angels Community Development Department located at 200-B Monte Verda Avenue, Angels Camp, CA 95222.

2. Conditional Use Permit based on the following findings A through E and subject to the attached conditions:

A. The site for the proposed use is adequate in size and shape to accommodate said use

and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this chapter are needed to make said use compatible with land uses in the neighborhood; and

B. The site for the proposed use is related to street and highways adequate in width and

surface type to carry the quantity and kind of traffic generated by the proposed use; and C. The proposed use will have no significant adverse effect on affected property; and D. The conditions stated in the decision are deemed to protect the public health, safety, and

general welfare; and E. The proposed use complies with the general plan and this title.

3. Oak tree removal permit based on the following findings A through B and subject to

the attached conditions: A. The project is consistent with the City of Angels general plan; and B. The project is consistent with the City of Angels Municipal Code.

The foregoing resolution was introduced and moved for adoption July 22, 2020 by

________________and duly seconded by Commissioner ______________.


PASSED AND ADOPTED THIS 22nd day of July, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________ John Broeder, Chairman ATTEST: Jennifer Preston, Deputy City Clerk City of Angels


Conditions of Project Approval including Mitigation Monitoring and Reporting Plan

ROOFSCREEN 688 Murphys Grade Road

APNS: 057-023-023 and -024 1. To the fullest extent permitted by law, Applicant shall defend, indemnify, and hold harmless City and

its agents, elected and appointed officials, officers, employees, consultants, and volunteers (collectively, “City’s Agents”) from any and all liability arising out of a claim, action, or proceeding against City, or City’s Agents, to attack, set aside, void, or annul an approval concerning the project, any applicable Permit, or subsequent City approvals. Applicant’s duty to indemnify and hold harmless shall not extend to any claim, action, or proceeding arising from the gross negligence or willful misconduct of City or City’s Agents.

Upon receiving notice of a claim, action, or proceeding, Applicant shall assume the defense of the claim, action, or proceeding through the prompt payment of all attorneys’ fees and costs, incurred in good faith and in the exercise of reasonable discretion, of City’s counsel in defending such an action. City shall have the absolute and sole authority to control the litigation and make litigation decisions, including, but not limited to, selecting counsel to defend City and settlement or other disposition of the matter. The modification of a proposal by the applicant or the imposition of conditions by the City shall not alter the effectiveness of this indemnity obligation.

PRIOR TO SITE DISTURBANCE: 2. Engineering Inspection Fees. Applicant shall pay all engineering inspection fees in accordance with

the City of Angels Municipal Code and Development Standards. 3. Drainage. Prior to site disturbance, the project proponent will submit, for City Staff approval, a

detailed drainage study with drainage plans including drainage calculations for peak flows to determine potential runoff and ensure that drainage detention basins are adequately sized to collect stormwater runoff as necessary to achieve no net increase in stormwater runoff onto adjacent properties.

Monitoring. The required mitigation measure will be implemented prior to initiating site disturbance. The measure is the responsibility of the Project Proponent [Mitigation Measure: HYDRO-5]

4. Grading. Applicant shall submit a Grading Plan to the City Engineer for review, approval, and

implementation.

5. Utilities. Applicant shall submit a utility plan to the City Engineer for review and approval showing all proposed modifications (on and off-site) to the City water and sewer systems as necessary to serve the proposed project including how the project will meet the demands for fire flow and hydrants pursuant to the California Fire Code (Current edition—see following conditions). All water and sewer system improvements necessary to serve the project shall be constructed by the project proponent at proponent’s expense in accordance with City of Angels Improvement


standards, including the installation of required backflow prevention devices on service lines. Note: These requirements may include repairing the leaking joint on the Eastman sewer line if the City does not complete the repair prior to issuance of a certificate of occupancy.

6. Water Supply. Utility plans shall confirm that water supply for sufficient fire flow exists consistent

with California Fire Code Appendix B table B105/1(2) Fire Flow; Type II building of 16,000 sq. ft. requiring 1750 gpm for 2 hours. This requirement may be amended upon receipt of final building plans.

7. Hydrants. Utility plans shall include the location of fire hydrant(s). Location and distribution shall

comply with CFC Section 507 & Appendix C Table C102.1. A. Where a portion of the facility of building hereafter constructed or moved into or within the

jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydrants and mains shall be provided where required by the fire code official.

B. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with section 312.

C. Where fire flow requirement is 1750 or less, a minimum of 1 fire hydrant with an average spacing of 400ft and a maximum distance from any point on a street or road frontage to a hydrant is 200ft.

8. Geotechnical. Prior to issuance of a grading permit, the applicant shall prepare and submit a

geotechnical investigation per the 2019 CBC, Section 1803 prepared by a licensed civil engineer registered in California. The study will address the potential effects of existing mining structures on the proposed stability of on-site soils. The plan shall be reviewed and approved by the City Engineer and, as applicable, the City’s Chief Building Official.

Monitoring. The required mitigation measure will be implemented prior to issuance of a grading permit. The measure is the responsibility of the Project proponent/construction contractor and subject to review and approval by the City Engineer and Chief Building Official. (Avoidance and Minimization Measure GEO-3 Geotechnical Study)

9. Encroachment Permit. Applicant shall apply for and obtain an encroachment permit for work within the Murphys Grade Road right-of-way.

10. Access/Egress/Fire Safety. Road improvement plan shall be submitted for review and approval. Fire Apparatus access roads shall comply with California Fire Code (CFC) Section 503 & appendix D; Dimensions on apparatus access routes from entrance to the back of the property shall be clearly defined. And show areas that are drivable surface and the dimensions/slope associated with them.

A. Fire apparatus access roads shall have an unobstructed width of not less than 20ft excluding

shoulders and overhead vertical clearance of not less than 13ft 6inches. B. Fire apparatus access roads hereafter constructed shall be accessible to fire department

apparatus by way of an approved fire apparatus access road with an asphalt, concrete or


other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

C. Access roads width with a hydrant, where a fire hydrant is located on a fire apparatus access road, the minimum road with shall be 26ft exclusive of shoulders. Grade shall not exceed 10% slope and dead-end roads shall have approved method for turning around.

D. Areas on the fire apparatus access road shall be designated as no parking/fire lane as deemed applicable by the fire code official. These areas shall be signed and painted as determined by the fire code official.

E. Aerial fire apparatus access roads; where the vertical distance between the grade plane and the highest roof surface exceeds 30ft. approved aerial fire apparatus access roads shall be provided. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. At least one of the required access routes meeting this condition shall be located within a minimum of 15ft. and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building. The side of the building which the aerial fire apparatus access road is positioned shall be approved by the fire code official. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official.

11. Authority to Construct/Air Quality. Prior to issuance of a grading permit, the applicant shall obtain an Authority to Construct Permit or confirmation that one is not required from the Calaveras County Air Pollution Control District. Prior to issuance of a final occupancy permit, the applicant shall obtain a Permit to Operate or confirmation that one is not required from the Calaveras County Air Pollution Control District.

Monitoring. The required mitigation measure will be implemented prior to issuance of a grading

permit (for construction) and prior to issuance of a final occupancy permit (for operations). The measure is the responsibility of the Project Proponent. (Mitigation Measure AQ-3 Authority to Construct/Operate Permit)

12. Open Burning. Alternatives to open burning of vegetative material will be used during vegetation

clearing and grubbing activities, unless otherwise deemed infeasible by the CCAPCD. Suitable alternatives include chipping, mulching, or conversion to biomass fuel.

Monitoring. The required mitigation measure will be implemented during clearing and grubbing. The measure is the responsibility of the Project Proponent. (Mitigation Measure AQ-2)

13. Erosion Control Plan/Best Management Practices (BMPs) to Protect Water Quality (Including

NOI/NPDES/SWPPP):

• The Contractor shall prepare an Erosion Control Plan for implementation for any construction to take place between October 15 and May 15 of any year. In the absence of such an approved plan, all construction shall cease on or before October 15, except that necessary to implement erosion control measures.


• Submit to the State Water Resources Control Board Storm Water Permitting Unit, a Notice of Intent (NOI) to obtain coverage under the General Construction Activity Storm Water Permit - California’s National Pollution Discharge Elimination System (NPDES) general permit for construction related storm water discharges for the disturbance of one acre or more. Disturbances of less than one acre may also require an NOI for coverage under the NPDES General Permit for construction-related storm water discharge and the State Water Resources Control Board Permitting Unit shall be contacted for determination of permit requirements. Commercial and Industrial developments may require an NOI even if less than one acre is to be disturbed. Obtain coverage or an exemption from these requirements. [Federal Water Pollution Control Act, Section 401, California Clean Water Act]. The permit may include preparation of a Stormwater Pollution Prevention Plan (SWPPP).

Monitoring. The required mitigation measure will be incorporated into the project bid package and contract. Erosion control plan to be completed prior to October 15th. NOI/NPDES to be secured prior to ground disturbance. Implemented and maintained throughout project construction. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-7)

14. Spill Prevention Plan. Prior to site disturbance, prepare a spill response plan to address the appropriate methods for containing accidental spills of toxic materials (e.g., engine oils).

Monitoring. The required mitigation measure will be implemented throughout Project construction. The measure is the responsibility of the construction contractor. (MM HAZ-02)

15. Install Barrier /Silt Fencing to Protect Water Quality . Prior to implementing staging, construction, or ground disturbing activities: Install temporary silt fencing, fiber rolls, or equivalent erosion and sediment control devices as necessary to protect water quality. Silt fencing or other materials, as required, will be installed consistent with the applicable water quality requirements specified in the Project’s Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP). Fencing or other erosion control materials or devices shall be shown on the final construction documents. These areas will be monitored by the project manager throughout construction.

Monitoring. The required mitigation measure will be implemented prior to ground disturbance and maintained throughout project construction. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-8)

16. Native American Monitoring. Prior to issuance of a Grading Permit, the applicants shall contact the

Calaveras Band of MiWuk and arrange to have a Native American monitor present during initial site grading.

Monitoring. The mitigation measure will occur prior to issuance of a Grading Permit. The project

contractor is responsible for contacting the Calaveras Band of MiWuks to arrange for a monitor. Payments or contracting between the parties, if it occurs, is the responsibility of the contractor and Native American monitor. (Mitigation Measure TCR-4)


17. Preconstruction Surveys Birds. Prior to construction occurring between February 1st and

August 30th (e.g., staging, excavation, ground disturbance, or vegetation removal) a preconstruction survey for nesting birds will be conducted by a qualified biologist in accordance with the CDFW guidelines and a no-disturbance buffer will be established, if necessary.

If equipment staging, site preparation, vegetation removal, grading, excavation or other project-related construction activities are scheduled during the avian nesting season (generally February 1 through August 30), a focused survey for active nests would be conducted by a qualified biologist within 15 days prior to the beginning of project-related activities. Surveys shall be conducted in all suitable habitat in the BSA. If an active nest is found, the bird shall be identified to species and the approximate distance from the closest work site to the nest estimated. No additional measures need be implemented if active nests are more than the following distances from the nearest work site: (a) 300± feet for raptors; or (b) 75± feet for other non-special-status bird species. Disturbance of active nests shall be avoided to the extent possible until it is determined that nesting is complete, and the young have fledged. For species protected under the California Fish and Game Code (CFGC), if active nests are closer than those distances to the nearest work site and there is the potential for bird disturbance, CDFW will be contacted for approval to work within 300± feet of raptors, or 75± feet of other non-special-status bird species. Monitoring. The required mitigation measure will be incorporated into the project bid package and contract. Surveys will occur within 15 days of commencing construction that occurs between February 1st and August 30th. The measure is the responsibility of the construction contractor and project biologist. (Avoidance and Minimization Measure BIO-1)

18. Preconstruction Surveys Suitable Special Status Bat Roosting (or Nursery) Areas & Provisions

for Protection, if Identified • 15 days or less before commencing ground-disturbing activities between April and September

of the construction year, a qualified biologist will survey snags, trees, rock crevices and other suitable cavities (i.e., the rhyolite cliffs in the cut bank along the northern end of the creek) and structures in the area for special status roosting bat colonies or bat nurseries. An evening survey shall be conducted.

• If special status bats are not found and there is no evidence of special status bat use,

construction may proceed. If special status bats are found or evidence of use by special status bats is present, CDFW shall be consulted for guidance on measures to avoid or minimize disturbance to the colony or nursery. Consideration will be given to existing conditions surrounding the occupation site (e.g., existing noise and vibrations). Subject to CDFW approval, measures may include, but are not limited to, establishing construction buffers from bat occupation sites and excluding bats from roosts before


construction begins. If nurseries for special status bats are discovered, no work will occur within buffer areas until all young are self-sufficient and have left the nursery.

Monitoring. The required mitigation measure will be incorporated into the project bid package and contract. Surveys will occur within 15 days of commencing construction that occurs between April and September. The measure is the responsibility of the construction contractor and Project biologist. (Avoidance and Minimization Measure BIO-2)

19. Environmental Awareness Training

Construction bid packages and contractual requirements shall include a requirement for tail-gate training by the project’s designated qualified biologist and cultural resource professionals. All contractors involved in site development and environmental specialists will attend a mandatory Environmental Awareness Training prior to any site disturbances. The program will address proper implementation of minimization and avoidance measures contained herein including, but not limited to:

• Nesting birds • Avoiding inadvertent animal trapping • Site maintenance • Controlling invasive species • Handling leaks and spills • Fencing environmentally sensitive areas • Native Oak Tree Protection measures (avoiding driplines, no equipment or materials

storage in driplines, avoid cutting oak roots, avoid equipment damage to limbs, trunks, and roots of oaks trees; do not attach signs, ropes, cables or other items to trees)

• Cultural resources training to inform construction personnel of the types of cultural resources they may encounter, the laws protecting those resources, and the standard protocols to be implemented.

• Hazardous materials response

Monitoring. The required mitigation measure will be implemented throughout project construction. The Project Biologist (or Project Archaeologist) shall have the authority to stop work or remove any construction worker on site that has not completed training. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-6 )

20. Oak Protection. An oak tree protection area (Figure 1) is established to encompass a minimum

distance encompassing the driplines of native oaks along the eastern parcel boundary in association with the intermittent drainage. Where feasible, 1-1/2 times the dripline shall be protected. Vegetation within the Oak Tree Protection Area shall comply with the following:

a) Prior to site disturbance (i.e. issuance of a grading or building permit, vegetation removal,

whichever occurs first); applicant shall erect environmentally sensitive area (ESA) exclusionary fencing (e.g., orange safety fencing) encompassing, at a minimum, the driplines of all native oaks to be retained on site and, where feasible, a distance of 1-1/2 times the dripline of oaks to be protected. Fencing shall remain in place until issuance of an occupancy permit unless otherwise authorized by the City Planner.


b) No equipment or materials will be parked or stored within the oak tree protection area. c) No fill shall be stored or occur within the oak tree protection area. d) No soil disturbances shall occur within the oak tree protection area unless otherwise provided

herein. e) If the applicant requires encroachment into the oak tree protection area, the Applicant shall hire

a qualified arborist, approved by the City and at applicant’s expense, to consult with the City and contractor to identify methods for undertaking activities within the driplines if necessary while ensuring the long-term survival of the oaks (e.g., boring rather than trenching for utilities). The City has the discretion to waive requirements for an arborist where construction methods will comply with those identified in the publication: Protecting Trees During and After Construction - UC Cooperative Extension in the opinion of the City Planner. Where the Project Proponent may disagree with the recommendations of the arborist, the City Planner’s determination shall prevail.

f) Utility or other trenching or soil disturbances (including fill) within the tree protection zone is prohibited unless no other feasible alternative exists. If unavoidable, work shall be accomplished under the supervision and per the recommendations of the project arborist.

g) No grading or grade changes will occur in the oak tree protection area. If unavoidable, work

shall be accomplished under the supervision and per the recommendations of the project arborist.

h) Irrigated landscaping shall not be installed within the oak tree protection area. i) Tree trimming, grass cutting, shrub removal as necessary to separate fuels and maintain

wildland fire safety is permitted within the Oak Tree Protection Zone.

Monitoring. Prior to commencing site disturbance, the City Planner shall verify that all ESA fencing has been installed in compliance with this condition. The preservation of oaks in the oak protection area will be implemented throughout Project construction and the life of the Project. The measure is the responsibility of the Project Proponent and contractor. Compensation in accordance with the City’s Oak Tree and Heritage Tree ordinance is required for encroachments into driplines of oaks in the oak tree protection area where such encroachment is likely to result in shortening the lifespan of the tree. (Mitigation Measure AES-2)

21. Encroachment within Dripline of Oaks Encroachment within the dripline of the oaks within the oak tree protection area (Figure 1) may be approved by the City Planner where such encroachment is determined unlikely to threaten the long-term survival of the oak. Said determinations will be guided by the publication: Protecting Trees During and After Construction (UC Cooperative Extension) included in footnote /c/. Encroachment more than one-half the distance of the dripline of the tree may require consultation with a qualified arborist, as approved by the City, and at the expense of the project proponent.


Monitoring. The required mitigation measure will be included in the bid packet/contractor agreement and implemented throughout Project construction and the life of the Project. The measure is the responsibility of the Project Contractor. (Mitigation Measure BIO-11)

22. Map/Merger. A parcel map merging Assessor’s Parcels 057-023-023 and -024 will be

completed. The City Surveyor may delay this requirement until prior to issuance of a certificate of occupancy.

PRIOR TO ISSUANCE OF A BUILDING PERMIT: 23. Community Services Impact Mitigation Fee

Prior to issuance of a Building Permit, the applicant shall pay the applicable City Services Impact Mitigation Fee unless the applicant enters into an agreement with the City to defer payments until issuance of a Certificate of Occupancy or as otherwise permitted by ordinance. Monitoring. The measure shall be implemented prior to issuance of a building permit, except as otherwise provided. The measure is the responsibility of the applicant. (Mitigation Measure PS-1)

24. Traffic Impact Fee. Prior to issuance of a building permit, or, subject to a separate agreement, prior to issuance of an occupancy permit, the project proponents shall pay the applicable City of Angels Traffic Impact Mitigation Fee.

Monitoring. Payment is required prior to issuance of a building permit, or (subject to an agreement approved by the City Council), prior to issuance of an occupancy permit. The mitigation is the responsibility of the applicant. (Mitigation Measure TRAN-3)

25. City Fees. The applicant shall pay all applicable City fees including, but not limited to sewer, water,

capital improvement, permit, licensing, inspection, and review fees. 26. Landscaping Plan. An amended landscaping plan shall be submitted to the Community

Development Department for review, approval, and implementation. The amended plans shall:

a. Provide a screen between the home on 660 Murphys Grade and the project site where topography does not already provide a natural screen. A solid fence, landscaping, or similar, as approved by the City shall be included along the southern property line extending approximately 150 feet from the southwest parcel corner.

b. Landscaping: Power lines and telecommunications lines

Installation of new overhead power or telephone lines should, but are not required to, be undergrounded. Trees planted under new overhead power and/or telephone lines shall be a species which will not conflict with the overhead lines. If an amendment to the site’s approved landscaping plan is required to accommodate this condition, the City Planner may approve those revisions. (AMC Chapter 17.63.080(A))


27. Lighting Plan/Pole Light Design. A revised lighting plan incorporating an alternative pole light design consistent with the rural setting will be submitted to the Planning Department for review and approval. Examples of appropriate designs (e.g., bell pendant) are found at the Mark Twain Medical Center on Stanislaus Avenue (attached).

Monitoring. A revised lighting plan shall be submitted to the Planning Department for review and approval prior to issuance of a building permit. The measure is the responsibility of the Project Contractor. (Mitigation Measure AES-1)

28. Energy/Greenhouse Gases

The Project shall:

A. Exceed the California Energy Code requirements by 15 percent based on the 2008 Energy Efficiency Standards requirements or as may be amended, through the installation of energy efficient design, lighting, appliances, or solar photovoltaic panels that provide 15 percent or more of the project's energy needs

B. Prohibit fuel oil as a heating source; C. Provide dedicated and accessible recycling and green waste bins with instructions/education

program explaining how to use the bins, what can go into each bin, and the importance of recycling; and

D. Provide designated parking for any combination of low-emitting, fuel efficient and

carpool/vanpool vehicles at 10 percent of the total spaces, consistent with the 2010 California Green Building Standards Code Tier 1 measure (Table A5.106.5.1.1) – or as may be amended. Based on the submitted site design, it is anticipated that up to 4 parking spaces will be designated in accordance with this requirement.

Monitoring. The required mitigation will be assessed during plan reviews submitted to the Planning and Building Department. The measure is the responsibility of the Project Proponent as reviewed by the City building and planning inspectors. (Mitigation Measure GHG-1)

THROUGHOUT PROJECT CONSTRUCTION: 29. Hours of Construction

Project construction shall be limited to 7:00 a.m. to 7:00 p.m. unless an emergency situation exists. Monitoring. The required mitigation measure will be implemented throughout Project construction. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-3 )

30. Dust Control

Throughout project construction, including demolition, site clearing, grading and associated activities, the Project Proponent and Construction Contractor shall be responsible for dust abatement including:


A. A water truck shall be present on the construction site throughout construction activities and shall be available for use on all working days when natural precipitation does not provide adequate moisture for complete dust control. Said watering device shall be used to spray water on the site at the end of each day and at all other intervals, as need dictates, to control dust. All fugitive dust emissions caused by land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled using application of water.

B. All material excavated and stockpiled onsite and/or graded shall be sufficiently watered, treated, or covered to prevent fugitive dust from leaving the property boundaries and causing a public nuisance or a violation of an ambient air standard.

C. All land clearing, grading, earth moving, or excavation activities shall be suspended as necessary

to prevent excessive windblown dust when winds are expected to exceed 20 mph. D. All material transported off-site shall be either sufficiently watered or securely covered to

prevent public nuisance and/or visible dust plumes.

E. Vehicular traffic speeds on unpaved surfaces shall not exceed 10 miles per hour. Monitoring. The required mitigation measure will be implemented throughout Project construction. The measure, which is the responsibility of the Project Proponent, shall be included on the construction plans. (Mitigation Measure AQ-1)

31. Equipment Emissions

Throughout Project construction and throughout the life of the project, the Project Proponent shall be responsible for equipment emissions including: A. Ensuring that all construction equipment and vehicles are properly tuned and maintained and

that low-sulfur fuel is used in all construction equipment as provided in California Code of Regulations (CCR) Title 17, Section 93114 (Compliance with Caltrans’ Standard Specifications, Section 14-9).

B. Heavy-duty diesel-powered construction equipment is prohibited from idling for more than five minutes during periods when the equipment is not in use.

C. Grid (electrical) power shall be used (as opposed to diesel generators) for job site power needs where feasible during construction.

Monitoring. The required mitigation measure will be implemented throughout Project construction and throughout the life of the project. The measure is the responsibility of the Project Proponent. (Mitigation Measure AQ-4)

32. Avoid Inadvertent Animal Trapping During Construction

To avoid inadvertently trapping special status or common animal species during construction, all excavated steep-walled holes or trenches more than two feet deep shall be covered at the end of each working day with plywood or similar material, or provided with one or more escape ramps constructed of earth fill or wooden planks, or equivalent, at each end of the trench. Before such


holes or trenches are filled, they will be thoroughly inspected for trapped animals. If at any time a tapped animal is discovered, the contractor shall place an escape ramp or other appropriate structure to allow the animal to escape. Alternatively, the contractor shall contact the project biologist or California Department of Fish and Wildlife for assistance. Similarly, stored pipes or other materials providing potential cover for animals will be inspected prior to installation or use to ensure that they are unoccupied. Monitoring. The required mitigation measure will be implemented throughout project construction. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-4)

33. Food and Trash Disposal During Construction

All food and food-related trash will be enclosed in sealed trash containers at the end of each workday and removed completely from the construction site every day to avoid attracting wildlife. Monitoring. The required mitigation measure will be implemented throughout project construction. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-5)

34. Minimize the Spread of Invasive Plant Species Throughout project construction: • All hay, straw, hay bales, straw bales, seed, mulch, or other material used for erosion

control on the project site shall be free of noxious weed1 seeds and propagules (Food and Agriculture Code Sections 6305, 6341 and 6461).

• All equipment brought to the project site shall be thoroughly cleaned of all dirt and vegetation prior to entering the site to prevent importing noxious weeds and shall be cleaned of all dirt and vegetation prior to exiting the site to prevent exporting noxious weeds. (Food and Agriculture Code Section 5401).

All material brought to the site, including rock, gravel, road base, sand, and topsoil, shall be free of noxious weeds7F2 and propagules. (Food and Agriculture Code Sections 6305, 6341 and 6461).

Monitoring. The required mitigation measure will be incorporated into the project bid package and contract and implemented throughout project construction. The measure is the responsibility of the construction contractor. (Avoidance and Minimization Measure BIO-12)

35. Unanticipated Cultural Resource Discoveries If a cultural resource is discovered during construction activities, the construction contractor shall comply with the following provisions:

1 Noxious weeds are as defined in Title 3, Division 4, Chapter 6, Section 4500 of the California Code of Regulations

and the California Quarantine Policy – Weeds (Food and Agriculture Code, Sections 6305, 6341, and 6461). 2 Ibid.


A. The person discovering the cultural resource shall notify the project’s designated qualified cultural resource professional by telephone within 4 hours of the discovery or the next working day if the department is closed.

B. When the cultural resource is located outside the area of disturbance, the project’s designated qualified cultural resource professional shall be allowed to photodocument and record the resource and construction activities may continue during this process. The area of disturbance is defined to include grading and vegetation removal areas and/or access roads or processing areas plus 100 feet.

C. When the cultural resource is located within the area of disturbance, all activities that may impact the resource shall cease immediately upon discovery of the resource. All activity that does not affect the cultural resource as determined by site’s designated qualified cultural resource professional may continue. The project’s designated qualified cultural resource professional shall be allowed to conduct an evaluative survey to evaluate the significance of the cultural resource.

D. When the cultural resource is determined to be not significant, the project’s designated qualified cultural resource professional shall be allowed to photodocument and record the resource. Construction activities may resume after authorization from the project’s designated qualified professional.

E. When a resource is determined to be significant, the resource shall be avoided with said resource having boundaries established around its perimeter by the project’s designated qualified cultural resource professional or a cultural resource management plan shall be prepared by the project’s designated qualified professional to establish measures formulated and implemented in accordance with Sections 21083.2 and 21084.1 of the California Environmental Quality Act (CEQA) to address the effects of construction on the resource. The project’s designated qualified cultural resource professional shall be allowed to photodocument and record the resource. Construction activities may resume after authorization from the project’s designated qualified cultural resource professional. All further activity authorized by this permit shall comply with the cultural resources management plan.

For the purposes of implementing this measure, a “qualified cultural resource professional” is an individual (e.g., historian or archaeologist) meeting the Secretary of the Interior’s Qualification Standards. A “cultural resource” is any building, structure, object, site, district, or other item of cultural, social, religious, economic, political, scientific, agricultural, educational, military, engineering or architectural significance to the citizens of Stanislaus County, the State of California, or the nation which is 50 years of age or older or has been listed on or is eligible for listing on the National Register of Historic Places, the California Register of Cultural Resources, or any local register. Examples of prehistoric resources may include: stone tools and manufacturing debris; milling equipment such as bedrock mortars, portable mortars, and pestles; darkened or stained soils (midden) that may contain dietary remains such as shell and bone; as well as human remains. Historic resources may include: burial plots; structural foundations; mining spoils piles and


prospecting pits; cabin pads; and trash scatters consisting of cans with soldered seams or tops, bottles, cut (square) nails, and ceramics. Monitoring. The required mitigation measure will be implemented throughout project construction. The measure is the responsibility of the Project proponent/Contractor with input from the project’s designated qualified cultural resource professional, if necessary. (Mitigation Measure CULT-2)

36. Human Remains If human remains, burial, cremation of other mortuary feature are uncovered during construction activities; upon discovery, secure the location, do not touch or remove remains and associated artifacts; do not remove associated spoils or go through them; document the location and keep notes of activity and correspondence. All work within 100 feet of the discovery shall stop until the County Coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California Native American Heritage Commission to obtain the Most Likely Descendent (MLD) and follow state law (PRC 5097.9 et seq. and Health and Safety Code 7050.5(c)-7054.1 and 8100 et seq.). No further work or disturbance shall occur within 100 feet until all of the preceding actions, as applicable to the discovery, are implemented and completed. Preserve associated spoils without further disturbance, do not touch or remove remains or associated artifacts, document the location and maintain notes of activity and correspondence. Preservation in situ is the preferred treatment of human remains and associated burial artifacts. [Public Resources Code Sections 5097.94, 5097.98 and Health and Safety Code Section 7050.5(c) and Section 15064.5 of the California Code of Regulations implementing the California Public Resources Code, Sections 21000-21177] Monitoring. The required mitigation measure will be implemented throughout project construction. The measure is the responsibility of the Project Proponent/contractor. (Mitigation Measure CULT-3)

37. Construction Equipment. To the extent feasible, the following measures shall be incorporated into Project design and construction: • Properly tune and maintain construction equipment and vehicles. • On-site idling of construction equipment shall be minimized (no more than five

minutes maximum). • Biodiesel shall be used as an alternative fuel diesel for at least 15 percent of the

construction vehicles/equipment used if there is a biodiesel station within five miles of the Project site.

Monitoring. The required mitigation measure will be implemented throughout Project construction. The measure is the responsibility of the Project proponent/construction contractor. (Mitigation Measure ENERGY-1)

38. Paleontological Resources If paleontological resources are encountered during Project construction and no paleontological monitor is present, all ground disturbing activities within 50 feet of the find shall be redirected to other areas until a qualified paleontologist (as determined by the Project’s qualified cultural resource professional) can be contacted to evaluate the find and make recommendations. If


determined significant pursuant to CEQA and Project activities cannot avoid the paleontological resources, a paleontological evaluation and monitoring plan shall be implemented. Adverse impacts to significant paleontological resources shall be mitigated, which may include monitoring, data recovery and analysis, a final report, and the curation of all fossil material to a paleontological repository, museum, or academic institution, as appropriate. Upon completion of Project ground-disturbing activities, a report documenting methods, findings, and recommendations shall be prepared and submitted to the paleontological repository.

Monitoring. The required mitigation measure will be implemented throughout Project construction. The measure is the responsibility of the construction contractor and qualified paleontologist. (Mitigation Measure GEO-4)

PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY: 39. Water Supply and Hydrants. Adequate water supply and hydrants shall be installed and

operational per conditions #6 and #7. 40. Pavement Management Deposit

Prior to issuance of a certificate of occupancy, the project proponent shall pay $7,500 to the City to offset impacts to pavement resulting from added truck traffic at the Murphys grade Road/ SR 49 intersection. The monies shall be maintained in a separate account by the City (or placed on account with Caltrans if acceptable to Caltrans) for use by Caltrans for pavement maintenance at the Murphys Grade Road/SR 49 intersection when requested by Caltrans. Monitoring. The mitigation payment shall be paid prior to issuance of a certificate of occupancy and maintained in a separate account. Payment is the responsibility of the project proponent. Oversight of the mitigation account is the responsibility of the City and, if acceptable to Caltrans, by Caltrans. Mitigation Measure TRAN-2.

41. Oak Tree and Heritage Tree Preservation Ordinance Prior to issuance of an occupancy permit, the Project Proponent shall provide one or a combination of the following to mitigate for the removal of 52 native oak trees of 9” Diameter at Breast Height or greater in size (400 inches TDBH) in accordance with Angels Municipal Code Chapter 17.64: a) Re-plant on-site native oak trees of the same or similar genus as those removed at a ratio of two

trees for every one native oak 9” TDBH or greater in size removed. Replacement plantings shall be a minimum 15-gallon size. Subject to approval by the City Planner, up to 20% of the oak trees replanted may be non-native or ornamental oaks as approved by the Planning Commission [e.g., Quercus Shumardii or similar]; and/or

b) Pay a fee to the City in an amount established pursuant to Chapter 17.64 Guidelines based on

400 TDBH (inches) of native oak trees removed. The total fee shall be 400 X the retail cost of a 15-gallon native oak tree. For the purposes of this calculation, the fee shall be based on the retail cost of a 15-gallon interior live oak.


c) If a combination of replanting and fee payments are used, fees shall be estimated based on the

percentage of trees planted on site versus the percentage of trees remaining to be planted. For example, if 10 native oak trees are planted on site (9.6% of the 104 trees required to be planted on site), then the total oak tree mitigation fee calculated under paragraph be will be reduced by 9.6% of the required 400 TDBH (400 - 38.4 = 361.6 TDBH).

Monitoring. The required mitigation measure will be implemented prior to issuance of an occupancy permit (or Prior to Site Disturbance at the option of the Project Proponent per Mitigation Measure BIO-10/AES2 – See Condition #17). The measure is the responsibility of the Project Proponent. (Mitigation Measure BIO-9)

42. OSHA Compliant fume extractor Project design shall incorporate an OSHA compliant fume extractor. The fume extractor shall be

present throughout the life of the project so long as fumes are produced by the manufacturing process. Monitoring. The required mitigation measure shall be installed prior to issuance of a certification of occupancy and will be implemented throughout the life of the project so long as fumes are generated. The measure is the responsibility of the Project Proponent. (Mitigation Measure AQ-5)

43. Driveway/Access Road. All driveway and access roads and the project driveway shall be built to City Standards, including width. The project proponent is responsible for paving and maintaining the access driveway from the site’s Murphys Grade Road encroachment to a distance of 20 feet past the southern edge of the entry drive into the site unless a longer distance is required by the City Engineer or Fire Department to maintain adequate access in accordance with City Standards.

44. Parking. A minimum of 37 parking areas shall constructed in accordance with the Angels Municipal

Code and City Standards. 45. Landscaping Maintenance Plan. Prior to issuance of a certificate of occupancy, the Project

Proponent shall submit a landscaping maintenance plan in compliance with AMC Section 17.63.070. The maintenance plan shall minimally include the following:

Throughout the life of the project: a) Landscaping and native trees retained on site shall be maintained in a safe and healthy manner.

Within the oak tree protection area, fire fuel load management may occur in accordance with California’s defensible space laws, as they may be amended [Public Resources Code 4291 (e.g., limbing trees and separating ladder fuels)].

b) Dead or dying landscaping shall be replaced within thirty days of receiving notification from the

Community Development Department unless an alternative timeline is established by the City to address drought or other extraordinary circumstances. The City may request bonding from the landowner to support re-planting when re-planting must be deferred.


c) Adequate site distance for pedestrians and vehicles on and off-site shall be established and maintained at the project’s driveway intersection with Murphys Grade Road. The maintenance plan shall address maintaining landscaping at the project entrance that could obscure site distance—in particular all vegetation planted along the project frontage.

d) Maintaining natural vegetation to separate ladder fuels and provide a fire-safe site. Failure to maintain landscaping in accordance with this measure is subject to the City’s code enforcement provisions. A Notice of Action will be recorded for this project to notify future landowners of these requirements.

46. Landscaping/Irrigation. All landscaping and irrigation plans shall be reviewed, approved, and installed in accordance with approved plans.

47. Engineer Certification. Certification from the project engineer and/or construction personnel that

the project has been constructed in accordance with approved plans shall be provided to the City. 48. Retaining Wall Landscaping. Prior to issuance of a certificate of occupancy, the City Planner may

require additional landscaping as necessary to break up expanses of retaining walls in excess of 8 feet in height where walls may be visible from Murphys Grade Road or the access driveway. Landscaping to break up walls generally will be in the form of vines.

49. Hazardous Materials Storage Plan. Prior to issuance of a final occupancy permit, a hazardous

materials storage plan shall be submitted for review and approval to the City Fire Department and will be implemented and updated throughout the life of the project. The plan shall comply with the California Fire Code current edition.

50. Business License. The Applicant shall submit and receive approval for a business license from the

City of Angels.

51. Signage Lighting / Size / Location Prior to sign installing signage, a final sign plan shall be submitted to the Planning Department for review and approval. If interior lit, the sign shall be designed to avoid glare onto Murphys Grade Road and adjoining parcels. The sign shall not exceed 8 feet in height. Signage shall be located outside of the Murphys Grade Road right-of-way and shall not hinder site distance. Total signage for the project, including detached signage, shall not exceed 90 square feet. Monitoring. A Sign Permit shall be secured from the Community Development prior to installing any signage on site. Should the sign create glare hindering traffic along Murphys Grade Road in the opinion of the CHP or City of Angels PD, the sign shall be altered to be externally lit. (Mitigation Measure AES-5)

52. RoofScreen Truck Route Cal Legal trucks traveling to and from RoofScreen shall follow the attached truck route. Specifically, truck turns at Murphys Grade Road and SR 49 shall use a left in/left out only route in accordance with the attached.


Monitoring. Prior to occupancy: a) A sign will be posted in the truck delivery bay notifying delivery trucks of the adopted truck route. b) A sign will be posted at the project driveway intersection with Murphys Grade Road (MGR)

reminding trucks traveling towards Lodi/Sacramento to turn left at the MGR/SR 49 intersection (aka Right Turns prohibited ahead at MGR/SR 49). Signage shall be reviewed and approved by the City Engineer prior to installation.

c) Throughout the life of the project, the truck route shall be included with all material orders placed by RoofScreen to direct trucks traveling to RoofScreen.

d) A Notice of Action will be recorded for this project to notify future landowners of these requirements.

(Mitigation Measure TRAN-1)

OTHER: 53. Approved Plan Compliance. The Project shall comply with the Project Plans as approved July 22,

2020 by the City of Angels Planning Commission. The City Planner may approve minor deviations. Significant changes to the above conditions shall require an amendment to this Conditional Use Permit by the City Planning Commission.

54. Project Scope Changes If the project develops beyond the scope and project description as described herein, further archaeological study and an addendum to this study may be required.

Monitoring. The required mitigation will be assessed pre-construction during plan reviews and throughout project construction by site visits conducted by cultural resource monitoring. The measure is the responsibility of the Project Proponent/Contractor. (Mitigation Measure CULT-4)

THROUGHOUT THE LIFE OF THE PROJECT: 55. Driveway Maintenance. The project proponent shall maintain the private driveway from Murphys

Grade Road to the southern edge of the project driveway entrance plus 20 feet. A Notice of Action will be recorded for the project.

56. General Compliance. The Project shall comply with all applicable local, state, and federal

regulations.

57. Site Lighting. Throughout the life of the project: all exterior lighting will be shielded, aimed downward. Monitoring. The measure is the responsibility of the Project Proponent. A Notice of Action will be recorded for this project to notify future landowners of this requirement. (Mitigation Measure: AES-6)

58. Vegetation Management for Wildland Fire Protection


Throughout the life of the project, on site vegetation throughout the entire project site (i.e., including natural vegetation areas) shall be maintained as necessary to reduce wildland fire hazard. The landowner shall be responsible for cutting grasses to below 4” in height, trimming tree branches, removing dead and dying vegetation as necessary to separate ladder fuels, and other measures as deemed necessary by the City Fire Marshall. The City Fire Department requires a minimum clearance of 30’ and fuel reduction within 100’ of all structures. Monitoring. A Notice of Action will be recorded for this project to notify future landowners of this requirement. (Mitigation Measure AES-3)

59. Utility Screening Throughout the life of the project, all electrical infrastructure, communications equipment, generators, mechanical devices, trash and recycling areas, HVAC equipment and other elevated support facilities shall be screened from view of adjacent landowners and public rights-of-way using landscaping, lattice, architectural features or similar screening. Prior to installing new appurtenances not previously approved on site, the Project Proponent shall submit design details to the Community Development Department for review and approval. Monitoring. A Notice of Action will be recorded for this project to notify future landowners of this requirement. (Mitigation Measure AES-4)

60. Comply with General Plan Noise Standards The project shall comply with the exterior noise exposure level standards in the category of “Conditionally Acceptable” and based on the allowable land uses within the zoning district of the receiving property as contained in the City of Angels General Plan 2020 Implementation Measure 5.A.a/Figure 5-1 for noise levels (attached) as measured at the receiving parcel boundary and as those standards may be amended through adoption of a City Noise Ordinance. Monitoring. A Notice of Action will be recorded for this project to notify future landowners of these requirements. (Mitigation Measure Noise-4)


Lighting


Lighting





Figure 2: Guidelines: Protecting Trees During Construction


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Response to Comments

RoofScreen

Comments received:

1. Central Valley Regional Water Quality Control Board – July 16, 2020 2. Caltrans, District 10 – July 17, 2020

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1. Central Valley Regional Water Quality Control Board – July 16, 2020

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1A

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1A

1B

1C

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1D

1E

1F

1G

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1G

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1I

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Response to Central Valley Regional Water Quality Control Board Comments

1A Comment: Identifies the Water Quality Control Plan for the Sacramento and San Joaquin River Basins as the applicable Basin Plan for the project area. No specific comments are related to the project. 1A Response: The overview is acknowledged. No further response required. 1B Comment: All wastewater discharges must comply with the anti-degradation policy and anti-degradation implementation policy in the Basin Plan. 1B Response: IS/MND Section 2.4 (Biological Resources), Section 2.6 “Geology and Soils” and Section 2.9 “Hydrology and Water Quality” address potential impacts to surface and ground water quality. In summary, the study states that potential impacts to water quality could occur and mitigation measures are required to minimize these potential impacts as follows:

Avoidance and Minimization Measure BIO-7: Erosion Control Plan/Best Management Practices (BMPs) to Protect Water Quality (Including NOI/NPDES/SWPPP)

• The Contractor shall prepare an Erosion Control Plan for implementation for any

construction to take place between October 15 and May 15 of any year. In the absence of such an approved plan, all construction shall cease on or before October 15, except that necessary to implement erosion control measures.

• Submit to the State Water Resources Control Board Storm Water Permitting Unit, a Notice of Intent (NOI) to obtain coverage under the General Construction Activity Storm Water Permit - California’s National Pollution Discharge Elimination System (NPDES) general permit for construction related storm water discharges for the disturbance of one acre or more. Disturbances of less than one acre may also require an NOI for coverage under the NPDES General Permit for construction-related storm water discharge and the State Water Resources Control Board Permitting Unit shall be contacted for determination of permit requirements. Commercial and Industrial developments may require an NOI even if less than one acre is to be disturbed. Obtain coverage or an exemption from these requirements. [Federal Water Pollution Control Act, Section 401, California Clean Water Act]. The permit may include preparation of a Stormwater Pollution Prevention Plan (SWPPP).

Mitigation Monitoring BIO-7: The required mitigation measure will be incorporated into the project bid package and contract. Erosion control plan to be completed prior to October 15th. NOI/NPDES to be secured prior to ground disturbance. Implemented and maintained throughout project construction. The measure is the responsibility of the construction contractor.

Avoidance and Minimization Measure BIO-8: Install Barrier /Silt Fencing to Protect Water Quality

Prior to implementing staging, construction, or ground disturbing activities:

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Install temporary silt fencing, fiber rolls, or equivalent erosion and sediment control devices as necessary to protect water quality. Silt fencing or other materials, as required, will be installed consistent with the applicable water quality requirements specified in the Project’s Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP). Fencing or other erosion control materials or devices shall be shown on the final construction documents. These areas will be monitored by the project manager throughout construction.

Mitigation Monitoring BIO-8: The required mitigation measure will be implemented prior to ground disturbance and maintained throughout project construction. The measure is the responsibility of the construction contractor.

Mitigation Measure: HYDRO-5 Drainage Study Prior to site disturbance, the project proponent will submit, for City Staff approval, a detailed drainage study with drainage plans including drainage calculations for peak flows to determine potential runoff and ensure that drainage detention basins are adequately sized to collect stormwater runoff as necessary to achieve no net increase in stormwater runoff onto adjacent properties.

Mitigation Monitoring HYDRO-5: The required mitigation measure will be implemented prior to initiating site disturbance. The measure is the responsibility of the Project Proponent

Proper implementation of the preceding is expected to minimize potential impacts to a level of less-than-significant. 1C Comment: Construction activities which disturb more than one acre (or that disturb less than one acre, but are part of a larger plan that will, in total, disturb one or more acres) are required to obtain a General Permit for stormwater discharges associated with construction activities.

1C Response: The project is expected to disturb more than one acre. Mitigation Measure BIO-7 recognizes this requirement as follows:

Avoidance and Minimization Measure BIO-7: Erosion Control Plan/Best Management Practices (BMPs) to Protect Water Quality (Including NOI/NPDES/SWPPP) (See response 1B for details).

1D Comment: Identifies Phase I and Phase II Municipal Separate Storm Sewer System Permit Requirements. 1D Response: Phase 1 Municipal Separate Storm Water System (MS4) permits cover municipalities serving 100,000 - 250,000 persons and large-sized municipalities serving over 250,000 individuals. Phase II MS4 provides coverage for small municipalities including military bases, public campuses, prisons and hospitals. The City of Angels does not meet these criteria and, therefore, is not subject to these permit requirements. 1E Comment: Identifies requirements for Industrial Storm Water General Permits 1E Response: The proposed project is industrial and will be required to comply with Industrial

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Stormwater permit provisions. Mitigation Measure BIO-7 is hereby amended to reflect this requirement as follows:


• The Contractor shall prepare an Erosion Control Plan for implementation for any

construction to take place between October 15 and May 15 of any year. In the absence of such an approved plan, all construction shall cease on or before October 15, except that necessary to implement erosion control measures.

• Submit to the State Water Resources Control Board Storm Water Permitting Unit, a Notice of Intent (NOI) to obtain coverage under the General Construction Activity Storm Water Permit - California’s National Pollution Discharge Elimination System (NPDES) general permit for construction related storm water discharges for the disturbance of one acre or more. As an industrial project, applicant also shall apply for and meet requirements of Storm Water General Permit Order No. 2014-0057-DWQ. Disturbances of less than one acre may also require an NOI for coverage under the NPDES General Permit for construction-related storm water discharge and the State Water Resources Control Board Permitting Unit shall be contacted for determination of permit requirements. Commercial and Industrial developments may require an NOI even if less than one acre is to be disturbed. Obtain coverage or an exemption from these requirements. [Federal Water Pollution Control Act, Section 401, California Clean Water Act]. The permit may include preparation of a Stormwater Pollution Prevention Plan (SWPPP).

Mitigation Monitoring BIO-7: The required mitigation measure will be incorporated into the project bid package and contract. Erosion control plan to be completed prior to October 15th. NOI/NPDES to be secured prior to ground disturbance. Implemented and maintained throughout project construction. The measure is the responsibility of the construction contractor.

1F Comment: Identifies requirements for obtaining a Section 404 Permit for discharge of dredged or fill materials into wetlands or other Waters of the U.S. under the jurisdiction of the U.S. Army Corps of Engineers. 1F Response: No fill is proposed or planned in the intermittent drainage located along the eastern parcel boundary which will be protected from discharges and fill via ESA fencing pursuant to Mitigation Measure BIO-2. No riparian vegetation associated with the eastern intermittent drainage nor its bed or banks will be altered, therefore, a lake or streambed alteration permit from the California Department of Fish and Wildlife is not required. The west/east flowing drainage carrying roadside runoff across the parcel is ephemeral and, pursuant to the “Navigable Waters Protection Rule” (adopted April 21, 2020; effective June 22, 2020) Clean Water Act jurisdictional waters were re-defined to exempt ephemeral waters. Piping the west/east flowing drainage is, therefore, not jurisdictional and not subject to Section

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404 of the federal Clean Water Act. The drainage lacks riparian vegetation, therefore, a lake or streambed alteration permit from the California Department of Fish and Wildlife is not required. The following condition of project approval is added to address potential changes or litigation relative to this recent change:

Should litigation alter or suspend the new Navigable Waters Protection Rule relative to ephemeral waters or if the project design is altered to require fill within the intermittent drainage, a Section 404 Permit will be required and secured.

1G Comment: Comment identifies requirements for obtaining a Section 401 Water Quality Certification if a Section 404 Permit is required. 1G Response: See Response 1F. 1H Comment: Identifies requirements for Waste Discharge Requirements (WDRs) for Discharge to Waters of the State (WOTS) 1H Response: In response to changes to the National Waters Protection Rule (See Response 1F), California tightened regulations related to Waters of the State (WOTS). Regulation of WOTS is expected to occur through the Regional Water Quality Control Board’s exercise of its oversight of issuance of the federal 401 Water Quality Certification and/or through the state’s Waste Discharge Requirements (WDRs). WOTS are broadly defined under Porter Cologne§13050(e) as any surface water or groundwater…within state boundaries. Regulations mandate a permit statewide for discharges of dredge/fill to any Water of the State, both “wetland” and “non-wetland” features (i.e., such as piping a drainage as will occur with the east-west ephemeral drainage associated with road runoff). However, regulations do not define “not wetland” features. The on-site ephemeral drainage may be a non-wetland feature and require acquisition of either a Section 401 and/or WDR from the state. Alternatively, the on-site drainage is considered a ditch with ephemeral flow that is not a relocated WOTS –an exemption from the expanded state requirements. Unfortunately, permitting and regulations relative to non-wetland discharges is in a state of fluctuation. Permitting is currently being handled on a “case-by-case” basis. To ensure project compliance, the following mitigation measure is further revised:


• The Contractor shall prepare an Erosion Control Plan for implementation for any construction to take place between October 15 and May 15 of any year. In the absence of such an approved plan, all construction shall cease on or before October 15, except that necessary to implement erosion control measures.

• Submit to the State Water Resources Control Board Storm Water Permitting Unit, a Notice of Intent (NOI) to obtain coverage under the General Construction Activity Storm Water Permit - California’s National Pollution Discharge Elimination System (NPDES) general permit for construction related storm water discharges for the disturbance of one acre or more. As an industrial project, applicant also shall apply

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for and meet requirements of Storm Water General Permit Order No. 2014-0057-DWQ. Disturbances of less than one acre may also require an NOI for coverage under the NPDES General Permit for construction-related storm water discharge and the State Water Resources Control Board Permitting Unit shall be contacted for determination of permit requirements. Commercial and Industrial developments may require an NOI even if less than one acre is to be disturbed. Obtain coverage or an exemption from these requirements. [Federal Water Pollution Control Act, Section 401, California Clean Water Act]. The permit may include preparation of a Stormwater Pollution Prevention Plan (SWPPP).

• In conjunction with obtaining the preceding permits, obtain, if prescribed by the state, a Section 401 and/or WDR, if applicable for piping the on-site ephemeral drainage ditch associated with road run-off.

1I Comment: Addresses requirements for construction or groundwater dewatering to be discharged on land (Dewatering Permit) 1I Response: The project does not include dewatering to be discharged to land. 1J Comment: Identifies requirements for construction dewatering and discharge of groundwater to waters of the United States and securing a National Pollutant Discharge Elimination System (NPDES) Permit for that action (Low or Limited Threat General NPDES Permit) 1J Response: The project does not propose dewatering.

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2. Caltrans, District 10 – July 17, 2020

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2A

2B

2C

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2C

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2. Response to Caltrans Comments:

2A Comment: Introductory remarks.

2A Response: The project description and process described is accurate. The City acknowledges receipt and consideration of prior correspondence received from Caltrans. Copies may be reviewed, upon request, at the City of Angels Camp Community Development Department located at 200 ‘B’ Monte Verda Ave. Angels Camp, CA 95222 during regular business hours. 2B Comment: The project is conditioned to require left in/left out turns at Murphys Grade Road. The City and proponent need to ensure drivers adhere to the CA legal truck proposed route. 2B Response: The comment accurately describes the proposed mitigation. Mitigation monitoring provisions to ensure compliance are included in the condition as follows:

Mitigation Measure TRAN-1 Roofscreen Truck Route Cal Legal trucks traveling to and from RoofScreen shall follow the attached truck route. Specifically, truck turns at Murphys Grade Road and SR 49 shall use a left in/left out only route in accordance with the attached.

Mitigation Monitoring TRAN-1 Truck Route

Prior to occupancy: a) A sign will be posted in the truck delivery bay notifying delivery trucks of the adopted truck

route. b) A sign will be posted at the project driveway intersection with Murphys Grade Road

(MGR) reminding trucks traveling towards Lodi/Sacramento to turn left at the MGR/SR 49 intersection (aka Right Turns prohibited ahead at MGR/SR 49). Signage shall be reviewed and approved by the City Engineer prior to installation.

c) Throughout the life of the project, the truck route shall be included with all material orders placed by RoofScreen to direct trucks traveling to RoofScreen.

d) A Notice of Action will be recorded for this project to notify future landowners of these requirements.

2C Comment: Caltrans considers the shoulder pavement management issue at Murphys Grade Road/SR 49 to be an opening day impact and disagrees with the proposed mitigation measure to require a fair share payment from the project proponent for pavement management as Caltrans has no planned maintenance project for this area. Caltrans seeks an open day solution instead of a mitigation payment.

2C Response:

Full-size trucks are making the Murphys Grade Road to SR 49 (left turn) movement and hugging the shoulder incrementally deteriorating the pavement today. The potential for pavement deterioration from these truck movements has not been identified as a safety hazard. The turning movements encroaching onto the shoulder at this intersection has been ongoing for decades. Pavement deterioration will occur with or without the proposed project.

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Caltrans undertakes pavement management projects as funding permits and as highway deterioration demands. As part of its ongoing duties, Caltrans reasonably can be expected to schedule a pavement management project along SR 49 in the future. The lack of a specific planned date for pavement maintenance at this location does not invalidate the proposed mitigation measure. The project’s contribution to the pace of pavement deterioration is pertinent to this CEQA analysis. RoofScreen’s fair share contribution towards repairing the pavement deterioration created by trucks originating from the Project has been established in the initial study and a fair-share contribution representing the project’s impacts, generated by a traffic engineer, is required prior to opening for business. This fair share contribution towards the potential cumulative impact on pavement deterioration reduces the project’s potential impact to a level of less-than-significant. No safety impact has been identified, and no clear nexus justifying a repair to the intersection on opening day for the proposed project is identified. That said, the City recognizes an ongoing challenge with full-size truck turns at this intersection. In an effort to work cooperatively with Caltrans and improve the roadway for regional use, the City amends the proposed mitigation measure as follows and adds a condition of project approval addressing a long-term solution to pavement deterioration at the intersection:

Mitigation Measure TRAN-2: Pavement Management Prior to issuance of a certificate of occupancy, the project proponent shall pay $7,500 to the City to offset project-specific impacts to pavement resulting from added truck traffic at the Murphys Grade Road/ SR 49 intersection. The monies shall be maintained in a separate account by the City (or placed on account with Caltrans if acceptable to Caltrans) for use by Caltrans for pavement maintenance at the Murphys Grade Road/SR 49 intersection when requested by Caltrans.

Mitigation Monitoring TRAN-2: Pavement Management The project-specific mitigation payment shall be paid prior to issuance of a certificate of occupancy and maintained in a separate account. Payment is the responsibility of the project proponent. Oversight of the mitigation account is the responsibility of the City and, if acceptable to Caltrans, by Caltrans.

Condition of Project Approval: Prior to issuance of a Certificate of Occupancy to RoofScreen, the City Council will consider the addition of the repair of the “dip” at the Murphys Grade Road/SR 49 Intersection (i.e., a more permanent solution to address full-size truck turns for southbound turns from Murphys Grade Road to SR 49 south) to the City’s Traffic Impact Mitigation Fee Program. A cooperative agreement between the City and Caltrans is the responsibility of the City and Caltrans. Earmarking all or a portion of traffic impact mitigation fees paid by RoofScreen towards these improvements and prioritizing the improvements to occur within 24 months of RoofScreen’s opening is at the discretion of the Angels Camp City Council and does not affect RoofScreen’s operations.

Documents

RoofSceen CUP – 1 · 7/22/2020 · Conditional Use permit and Oak tree removal permit forthe RoofScreen Project. RoofSceen CUP – 2 PROJECT DESCRIPTION: Project management, fulfillment,