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Giuseppe Sanfilippo San Joaquin County Planning Commission Re. Proposed Mitigated Negative Declaration for Use Permit No.PA-1800316 of Ahmed Hussein(c/o Shack&Company) August 6,2020 Page 5 approval should clearly state that any work done within the District's easement would require the applicant to obtain an encroachment permit. VI. Conclusion Despite improvements to the Project,the Revised IS/ND,like the prior IS/MND,fails to comply with CEQA in a number of respects,and there remain unresolved questions about the Project and its impacts. Revisions are necessary in order for the County to comply with CBQA and make the required finding for the use permit that"Issuance of the permit will not be significantly detrimental to the public health,safety or welfare,or be injurious to the property or improvements of adjacent properties." Given these shortcomings,the County must amend the Revised IS/ND prior to the Planning Commission's consideration of it or the Project use permit. In particular,the Revised IS/ND must include a mitigated negative declaration that clarifies elements of the Project,particularly those related to water quality, and identifies enforceable mitigation measures with clear performance standards that can be adopted by the County to ensure that potentially significant impacts will be clearly avoided or substantially lessened,including a requirement for an easement to protect District facilities. The further revised IS/MND must be circulated for public review. A MMRP must be prepared to ensure that all mitigation is actually implemented,and to document compliance with mitigation measures. The District's Board of Trustees is available to discuss the District's concerns. Please contact me at(916)4693827 if you have questions regarding these comments. Sincerely, Awx.3zw-�_ Alexis K.Stevens Enclosures AKS:KMT:mb Planning Commission Staff Report, PA-1800316(UP) 84 Response Letters