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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) February 21,2020 Page 7 applicable requirements,including BMPs,and comply with all applicable requirements(not just those limited to stormwater infrastructure), The MMRP should require that the applicant provide proof of such consultation and ongoing proof of compliance with applicable requirements. V. The IS/MND Does Not Address Potential Impacts to the District's Water Conveyance Facilities As noted in the February 3,2020 correspondence from the District's engineer,there appears to be a District owned,operated,and maintained irrigation pipeline that runs along the south side of the Project boundary. No proposed buildings or other facilities may be located within the District's easement. The IS/MND and conditions of approval should clearly state that any work done within the District easement would require an encroachment permit. VI. Conclusion The IS/MND fails to comply with CEQA in a number of respects,and there are unresolved questions about the Project and its impacts. As a result,the County is not able to 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 injuries to the property or improvements of adjacent properties." (Staff Report,Attachment D,p.3.) Given these shortcomings,the County must revise and recirculate the IS/MND for public review prior to the Planning Commission's consideration of the 1S/MND or Project use permit. In particular, the IS/MND must be revised to identify 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,and 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 are available to discuss the District's concerns. Please contact me at(916)469-3827 if you have questions regarding these comments. Sincerely, AUV22awa— Alexis K.Stevens AKS:mb Planning Commission Staff Report, PA-1800316(UP) 91 Response Letters