04/26/2022 Item No.7.
Policy
707
EXHIBIT A
Folsom Police Department
Folsom PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Gode S 7070; Government Code S 7071; Government Code S 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code $ 7070):
Military equipment - lncludes but is not limited to the following:
1 Unmanned, remotely piloted, powered aerial or ground vehicles' 2 Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. Police versions of standard consumer vehicles are not Military Equipment' 3 High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, fiveton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are not Military Equipment. 4 Tracked armored vehicles that provide ballistic protection to their occupants and use a tracked system instead of wheels for forward motion.
5 Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units'
6 Weaponized aircraft, vessels, or vehicles of any kind. 7 Battering rams, slugs, and breaching apparatuses that are explosive in nature.This does not include a handheld, one-person ram. ltems designed to remove a lock, such as bolt cutters, are not Military Equipment.
8 Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
g Specialized firearms and ammunition of less than.SO caliber, including firearms and accessories identified as assault weapons in Penal Code$ 30510 and Penal Code $ 30515, with the exception of standard-issue handguns and ammunition of less than.50 caliber. 10 Any firearm or firearm accessory that is designed to launch explosive projectiles. 11 Flashbang grenades, noise-flash diversionary devices, and explosive breaching tools. 12 Tear gas, pepper balls, and other munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
19 TASER@ Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADS).
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Ordinance No. 1326
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04/26/2022 Item No.7.
Folsom Police Department
Folsom PD Policy Manual
Military Equipment
14 The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, bean bag, rubber bullet, specialty impact munition (SlM) weapons, and any kinetic energy weapons and munitions.
15 Any other equipment as determined by the City Council to require additional oversight.
Type - Each item that shares the same manufacturer model number. 707.2 POLICY
It is the policy of the Folsom Police Department that members of this department comply with the provisions of Government Code S 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy.
(b) ldentifying equipment that qualifies as Military Equipment, as defined in this Policy, whether the equipment is in the current possession of the Department or is equipment the Department intends to acquire.
(c) Conducting an inventory of all Military Equipment, as defined in this Policy, at least annually.
(d) Collaborating with any other law enforcement agency that may use Military Equipment within the jurisdiction of Folsom Police Department (Government Code S 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting, including:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, or use of Military EquiPment.
(f) Preparing the annual Military Equipment report Council and ensuring that the report is made available on the department website consistent with this Policy. (Government Code g 7072). Additionally, updating the ordinance, policy, and Military List as necessary.
(g) Ensuring that this Policy is made available on the Department's website and that any newly proposed version of the Policy is also available on the website at least 30 days before any public hearing concerning the Policy or the associated ordinance. (h) Evaluating the procedures by which members of the public may register complaints or concerns or submit questions about the use of any Type of Military Equipment and updating those procedures as needed.
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Ordinance No. 1326
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04/26/2022 Item No.7.
Folsom Police Department
Folsom PD Policy Manual
Military Equipment
(i) Ensuring thatthe Department responds in a timely mannerto each complaint, concern, or question about Military Equipment
707.4 MILITARY EQUIPMENT INVENTORY
Attached is a list of the Folsom Police Department's qualifying Military Equipment, including the following information (Government Code $ 7070):
(a) A description of each Type of Military Equipment, including:
1. Quantity
2. Gapabilities
3. Expected lifespan
4. Product description from the manufacturer.
The purposes and authorized uses of each Type of Military Equipment The fiscal impact of each Type of Military Equipment, including:
1. lnitial cost of obtaining the equipment
2. Estimated annual cost of maintaining the equipment
Rules that govern each authorized use
Training that must be completed before any member of the Department is allowed to use each specific Type of Military Equipment
(b)
(c)
(d)
(e)
707.5 USE OF MILITARY EQUIPMENT
Military Equipment used by any member of this Department shall first be approved for use by the City Council. Once approved, Military Equipment must be used in accordance with all applicable Folsom Police Department policies and used only by those members trained and authorized for such use.
707.6 ACQUISITION OF NEW MILITARY EQUIPMENT
(a) The acquisition of new Military Equipment shall be approved in advance by the City Council, in accordance with this Policy.
(b) The Department is authorized to acquire additional stock of approved Military Equipment from other law enforcement agencies in the event of an emergency when approved in advance by the Chief of Police or authorized designee. lf that occurs, the Department must obtain City Council approval as described in this Policy as soon as practicable.
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Ordinance No. 1326
Pase 6 of59
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04/26/2022 Item No.7.
Folsom Police Department
Folsom PD Policy Manual
Military Equipment
707.7 FUNDING FOR MILITARY EQUIPMENT
Funding for Military Equipment shall be approved in advance by the City Council, in accordance with the City of Folsom budget process, the procurement requirements of the Folsom Municipal Code, and this Policy.
7O7.8 APPROVAL BY CITY COUNCIL
(a) The Chief of Police or the authorized designee shall obtain approval from the City Council for the acquisition and use of Military Equipment by way of an ordinance adopting the Military Equipment Use Policy. (Government Code S 7071') (b) The City Council shall review the ordinance approving the Military Equipment Use Policy annually and vote on whether to renew the ordinance. (Government Code $ 7071.)
(c) As part of the initial and annual approval process, the Chief of Police or the authorized designee shall submit the proposed Military Equipment Use Policy to the City Council and make it available on the Department's website at least 30 days prior to any public hearing concerning the Military Equipment at issue (Government Code S 7071). (d) The ordinance approving the Military Equipment Use Policy must be adopted by the City Council before the Department engages in any of the following (Government Code $ 7071):
1. Requesting military equipment made available pursuant to 10 USC S 2576a.
2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
7. Acquiring military equipment through any means not provided above. 707.9 PUBLIC AVAILABILITY OF POLICY
(a) The Chief of Police or the authorized designee shall make any proposed Military Equipment Use Policy publicly available on the Department's website at least 30 days before any public hearing concerning the Military Equipment at issue. This includes any proposed changes to the Policy or the Military Equipment lnventory associated with the City Council's annual review of the ordinance. (Government Code S 7071.) Copyright Lexipol, LLC 2022103125, All Rights Reserved.
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Ordinance No. 1326
Pase 7 of59
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Folsom Police Department
Folsom PD Policy Manual
Military Equipment
(b) The Chief of Police or the authorized designee shall make any Military Equipment Use Policy publicly available on the Department's website for as long as the Military Equipment is available for use. (Government Code S 7071.) 707.10 COORDINATION WITH OTHER LAW ENFORCEMENT AGENCIES Military Equipment used by any other law enforcement agency that is providing mutual aid to or operating in conjunction with this Department orthe City of Folsom in a law enforcement capacity, shall comply with the law enforcement agency's own Military Equipment use policy. Use of another law enforcement agency's Military Equipment by that agency in the City of Folsom is approved as long as the use complies with the other agency's Military Equipment use policy. 707.1',1
(a)
(b)
(c)
ANNUAL REPORT
Within one year after approval of the Military Equipment Use Policy, and annually thereafter, the Chief of Police or the authorized designee should submit to the City Council an annual Military Equipment report for each Type of approved Military Equipment. (Government Code S 7072).
The Chief of Police or the authorized designee should make each annual Military Equipment report publicly available on the Department's website for as long as the Military Equipment is available for use. (Government Code S 7072.) The annual Military Equipment report shall include, at a minimum, all of the following information for the preceding calendar year for each Type of Military Equipment (Government Code $ 7072):
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each Type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment report.
5. The quantity possessed for each Type of Military Equipment.
6. lf the Department intends to acquire additional Military Equipment in the next year, the quantity sought for each Type of Military Equipment.
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Ordinance No. 1326
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Folsom Police Department
Folsom PD Policy Manual
Military Equipment
707.12 REPLACEMENT OF EXISTING MILITARY EQUIPMENT
To maintain the quantity of each Type of Military Equipment included in the Military Equipment lnventory attached to this Policy, the Department is authorized to replace any approved Military Equipment without amending this Policy or the associated ordinance, if the Military Equipment is destroyed or rendered inoperable as a result of authorized use. 707.13 COMPLTANCE
Mechanisms to ensure compliance with the Military Equipment Use Policy include, but are not limited to, the following:
(a) The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this Policy and shall ensure compliance with the Policy. (b) Each Division Commander will ensure that members under his/her command are aware of this Policy.
(c) Each member will be required to acknowledge that he/she reviewed the Policy and shall seek clarification from an appropriate supervisor as needed. (d) The Training Officer is responsible for developing, reviewing, updating, and maintaining the Department's training plan so that required training is completed. (e) The Military Equipment Coordinator is responsible for compliance with specific components of the Policy as described above.
(f) Violations of this Policy shall form the basis for departmental administrative action, training, or discipline consistent with the Policy Manual, the City of Folsom Personnel Rules and Regulations, and the applicable collective bargaining agreement. (g) This Policy shall not be construed to create a higher standard of care for civil or criminal liability against the City of Folsom or its employees.
707.14 COMMUNITY ENGAGEMENT
(a) Within 30 days of submitting and publicly releasing the annual Military Equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the annual Military Equipment report and respond to public questions regarding the report and the Department's funding, acquisition, or use of Military Equipment. (Government Code s 7072.)
(b) Members of the public may register complaints or concerns or submit questions about the use of each specific Type of Military Equipment in any form, including in writing, by email sent to the following email address: [email protected], in person, by telephone at (916) 461-6400, at pre-determined community engagement meetings related to Military Equipment, or at any City Council meeting. Complaints related to the use of Military Equipment will be handled in accordance with FPD Policy 1 01 9- Personnel Complaints.
(c) The Department will ensure that each complaint, concern, or question receives a response in a timely manner. The Military Equipment Coordinator is specifically tasked Copyright Lexipol, LLC2022103125, All Rights Ressrved.
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Ordinance No. 1326
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04/26/2022 Item No.7.
Folsom Police Department
Folsom PD Policy Manual
Military Equipment
with ensuring that each complaint, concern, or question receives a response in a timely manner.
Copyright
Published
OrdinanceNo. 1326
Pase l0 of59
Lexipol, LLC 2022103/25, All Rights Reserved.
with permission by Folsom Police Departmsnt
*r"tDRAFTttt". Military Equipment - 7
04/26/2022 Item No.7.
List of Folsom Police Department's Qualifying Military Equipment Ordinance No. 1326
Page l1 of59 Page 140
04/26/2022 Item No.7.
DJI Matrice2lO
Commercial UAS
I
Fly, Hover, broadcast video, record video, Photography, FLIR, carry payload up to approx.7.51bs.
UAS devices need to be upgraded as software becomes obsolete by vendors.
Commercial grade UAV equipped with a thermal imaging camera and a 30x zoomcamera. 38 mins. maximum flight time. Has live stream capabilites.
Provide Aerial Support for L.E. operations
Investigative
Used by SWAT, Patrol, Search and Rescue to locate persons. $30,000$2,000 anticipated yearly maintenance & battery cost approx.
32-hr Basic Pilots Course (or equivalent), FAA Remote Pilot Certificate (Part 107) Certificate of Authority issued by FAA - #2020-WSA-7949-COA, FAA Part 107 holder and completion of Department Training, Folsom Police Department Policy - Section 391 Description
OuantiWCapability
Life Span
Manufacturer's DescriptionPurpose
Authorized Usage
Costs
Required TrainingAuthority for Authorized Use
DJI Phantom 4 Pro
Commercial UAS
1 Fly, Hover, broadcast video, record video, PhotographyUAS devices need to be upgraded as software becomes obsolete by vendors.
Commercial grade UAS equipped with UHD capable camera. Has live stream capability and 28 min. flight time.Provide Aerial Support for L.E. operationsInvestigative Used by SWAT, Patrol, Search and Rescue to locate persons. $2,500$300 anticipated yearly maintenance & battery cost approx.
32-hr Basic Pilots Course (or equivalent), FAA Remote Pilot Certificate (Part 107) Description
QuantiECapabiliE
Life SpanManufacturer's DescriptionPurposeAuthorized UsageCostsRequired Training Ordinance No. 1326
04/26/2022 Item No.7.
Certificate of Authority issued by FAA - #2020-WSA-7949-COA, FAA Part 107 holder and completion of Department Training, Folsom Police Department Policy - Section 391 Authority for Authorized Use
Ordinance No. 1326Page 13 of59
DJI Mavic 2 Enterprise
Commercial UAS
aJ
Fly, Hover, broadcast video, record video, Photography, broadcast instant and/or prerecorded notifi cations.
UAS devices need to be upgraded as software becomes obsolete by vendors.
Commercial grade UAS equipped with Single 4k colored camera with Zoomcapabilities. Has live stream capability and 30 min. flight time.Provide Aerial Support for L.E. operationsInvestigativeUsed by SWAT, Patrol, Search and Rescue to locate persons $3,600
$400 anticipated yearly maintenance & battery cost
approx.
32-hr Basic Pilots Course (or equivalent), FAA Remote Pilot Certificate (Part 107) Certificate of Authority issued by FAA - #2020-WSA-7949-COA, FAA Pafi 107 holder and completion of Department Training, Folsom Police Department Policy - Section 391 Description
QuantityCapabilityLife SpanManufacturer's De scription
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
DJI Mavic 2 Zoom
Commercial UAS
I
Fly, Hover, broadcast video, record video, PhotographyUAS devices need to be upgraded as software becomes obsolete by vendors Commercial grade UAS equipped with Single 4k colored camera with Zoomcapabilities. Has live stream capability and 30 min. flieht timeProvide Aerial Support for L.E. operations Description
QuantitvCapabilityLife SpanManufacturer's Description
Purpose
04/26/2022 Item No.7.
Investigative
Used by SWAT, Patrol, Search and Rescue to locate persons. $1,500
approx. $400 anticipated yearly maintenance & battery cost 32-fu Basic Pilots Course (or equivalent), FAA Remote Pilot Certificate (Part 107) Certificate of Authority issued by FAA - #2020-WSA-7949-COA, FAA Part 107 holder and completion of Department Training, Folsom Police Department Policy - Section 391 Authorized Usage
Costs
Required TrainingAuthority for Authorized Use
DJI Mavic Mini 2
Commercial UAS
2 Fly, Hover, broadcast video, record video, Photography, lnterior flightsUAS devices need to be upgraded as software becomes obsolete by vendors.
Commerical grade UAS equipped with Single 4k colored camera. Has live streamcapabiliry and 30 min. fight time.Provide Aerial Support for L.E. operationsInvestigativeUsed by SWAT, Patrol, Search and Rescue to locate persons. $500
approx. $80 anticipated yearly maintenance & battery cost 32-hr Basic Pilots Course (or equivalent), FAA Remote Pilot Certificate @art 107) Certificate of Authority issued by FAA - #2020-WSA-7949-COA, FAA Part 107 holder and completion of Department Training, Folsom Police Department Policy - Section 391 Description
Ouantitv
Capability
Life Span
Manufacturer's DescriptionPurposeAuthorized Usage
CostsRequired Training
Authority for Authorized Use
DJI Mavic Mini
Commercial UAS
1 Fly, Hover, broadcast video, record video, Photography, Interior flights.
Description
QuantityCapability
Ordinance No. 1326
04/26/2022 Item No.7.
UAS devices need to be upgraded as software becomes obsolete by vendors.
Commerical grade UAS equipped with Single 4k colored camera. Has live stream capability and 30 min. fight time.Provide Aerial Support for L.E. operationsInvestigativeUsed by SWAT, Patrol, Search and Rescue to locate persons. s400
anticipated yearly maintenance & battery cost
approx. $80
32-hr Basic Pilots Course (or equivalent), FAA Remote Pilot Certificate (Part 107)Certificate of Authority issued by FAA - #2020-WSA-7949-COA, FAA Part 107 holder and completion of Department Training, Folsom Police Department Policy - Section 391 Life Span
Manufacturer's DescriptionPurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
DJI Aeroscope (Regional ltem)
Commercial UAS detection device
I
Drone detection and identification platform.UAS devices need to be upgraded as software becomes obsolete by vendorsDrone detection platform that identifies UAV communication links, gatheringinformation such as flight status, paths, and other information in real-time.Identifu and track commercial drones within secured or restricted areasProvide airspace security over restricted areas or during specilized eventsUnknown - obtained through UASI grant applied for by regional partners approx. $400 anticipated yearly maintenance & battery cost In house departmental training. No POST requirement.
Completion of Deparhnent Training, Folsom Police Department Policy - Section 39t
Description
QuantiryCapabiliE
Life SpanManufacturer's DescriptionPurposeAuthorized Usage Costs
Required TrainingAuthority for Authorized Use
Commerical streaming box
I
Streams video in real-time HD video over a secure internet connection. 3-5 years
Blu-Link Streaming Box
Description
QuantityCapabilitv
Life Span
o.
Page l5 of59 Page 144
04/26/2022 Item No.7.
Portable video streaming device to stream live HD video in real time over a secure Intemet connection.Provide real-time video over a secure internet connection for situational awareness and scene assessment.Completion of Department Training, Folsom Police Department Policy - Section 391
$5,400$50 anticipated yearly maintenance & battery cost approx.
In house departmental training. No POST requirement.
Completion of Department Training, Folsom Police Department Policy - Section 391
Avatar III
Robotex INC Avatar III Robot
I
The Avatar III Robot is a radio controlled robot on a track system of propulsion andis outfitted with Cameras, Speakers, and Microphones. The robot increases officersability to conduct searches in high risk scenarios by providing video and audio intoareas that may not be safe for officers to enter. In addition the cameras, speakers,and micorphones allow for 2 way communication between officers and subjectsduring critical incidents such as barricaded subjects, hostage situations, or suicidal subjects. The camera system provides additional safety for officers when placed instrategic positions to monitor doorways, hallways or access points. The Avatar III Robot is regulary used by the SWAT team during his risk search wa:rants, emergency calls, and during outside agency requests for assistance. The Crisis Negotiations Team (CNT) is also able to use the robot for direct communication during critical incidents when other forms of direct contact are unsuccessful. 15 years
Manufacturer's DescriptionPurpose
Authorized Usage
Costs
Required TrainingAuthority for Authorized UseDescription Quanti8
Capability
Life Span
Ordinance No. 1326
04/26/2022 Item No.7.
The AVATAR@ enhances the capabilities of SWAT and tactical response teams by allowing them to inspect dangerous situations quickly and safely, there is no longer a need to send personnel in before you've had a chance to assess the situation. TheAVATAR@ saves lives by keeping first responders out of harm's way, and it does so at a fraction of the price of other robots. The AVATAR@ Robots are regarded by tactical teams as a standard operational tool, like a frrearm, vehicle, or piece of body armor. Departments across the United States and intemationally are using the AVATAR@ Robots
To enhance safety for officers and subiects during hieh risk or critical Incidents.
Assisting in lawful searches and surveillance. Communications during critical incidents
$26000
anticipated yearly maintenance & battery cost
$o
ln house departmental training. No POST requirement.It is the policy of the FPD to utilize a robot only for official law enforcementpurposes, and in a marlner that respects the privacy of our community, pursuant to State and Federal law.
Manufacturer's DescriptionPurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Ordinance No. 1326
Page l7 of59 Page 146
04/26/2022 Item No.7.
asset and annored vehicle to critical incidents
To protect and safely transport Police personnel to active scenes.
It is used the SWAT and officers. for officers and the
Provide security
ly maintenance cost
approx. $275,000
$1,000
drivers/ operators shall attend formalized instruction and be trained in vehicle and dri instruction.
The Lenco Bearcat is an armored vehicle built on a Ford F550 framemanufactured for law enforcement purposes. The purpose of the Bearcat armoredvehicle is to provide ballistic protection to officers and citizens from gunfire. The armored vehicle stops rifle rated rounds including .50 caliber which is commercially available and beyond the protection level of shield and personal body armor The Bearcat is often deployed several times a month by SWAT personnel while serving high risk search warrants or assisting other agency. It can be utilized by trained patrol persormel to rescue downed officers and citizens. The Bearcat has been struck by gunfire several times and protected the officers inside, behind it, andthe community.
Protecting officers allows them to contain the suspect and reduce the immediacy ofthe threat while communicating and de-escalating. Crisis Negotiations Team (CNT) members have operated from inside the armored vehicles during search warrant and SWAT callouts where they communicate with the suspect and attempt to de-escalate. and is
by the department.
Armored carTler
I
The BearCat is a large mobile armored vehicle used to conduct rescues both officers and the public, transport personnel and equipment, and provide security mission for
to the
Authorized Usage
CostsRequired Training
CapabilityLife
Manufacturer's Description
Lenco Bearcat G2
Descri
25 Ordinance No. 1326Page 18 of59 Page 147
04/26/2022 Item No.7.
Use is established under FPD Policy 705. lt is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to Stateand Federal law.
Authority for Authorized Use
20 Mobile Command & Communications Unit (MCCU)
LDV Custom Specialty Vehicles Command Vehicle
1 The MCCU can be utilized for SWAT/CINT and other critical incidents, preplannedlarge events, searching for missing persons, natural disasters, and community events The LDV Custom Specialty Vehicle is a mobile command center built on a2006Freightliner chassis and customized for ladfire command/communication purposes.The purpose of the LDV Mobile Command and Communication Unit (MCCU) is to provide an interior space for command staff to plan and organize responses to critical incidents and special events. The MCCU is specially equipped with an onboarddispatch center, a command area, and a radio interoperability system (RIOS) whichallows radio communication between local, state, and federal law enforcemententities which currently operate under different radio systems/frequencies. Thevehicle contains radios with varying frequencies including 800 megahertz, very highfrequency (VHF), ultrahigh frequency (UHF), low band, and short-wave radio systems. The vehicle has intemet capability and computer resources along withaccess to television channels allowing access to real time news/information. The vehicle is also equipped with a video downlink system allowing command staff toview live feeds from flr.ellaw enforcement a;ircr:aft. and UAS devices.
To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.
Situations which the MCCU is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.
Description
QuantityCapabilityLife SpanManufacturer's Description
PurposeAuthorized Usage
Ordinance No. 1326
04/26/2022 Item No.7.
$750,000
$15,000 anticipated yearly maintenance cost
approx
The MCCU operators will receive training in the overall operation of the vehicle toinclude set up and break down procedures, and skills training in the computer,dispatch, and radio systems. The drivers will receive training in the safe handling of the vehicle with the assistance of an experienced driver. Drivers will undergo Califomia Department of Motor Vehicles commercial vehicle testing. This training will occur on a bi-monthly basis
It is the policy of the Department to use the MCCU for offrcial fire and law enforcement pu{poses, and in accordance with Califomia State law regardingoperation of motor vehicles Costs
Required Training
Authority for Authorized Use
Ordinance No. 1326
04/26/2022 Item No.7.
CoIt M4 Carbine (11.5")
Enhanced Patrol Rifle
1 4
These rifles fire an intermediate-power carhidge (.223) which is more powerful thana standard pistol but less powerfrrl than a standard rifle. It's a short barreled rifle which allows SWAT Officers better control while inside of structures while stillproviding great accuracy. 10-15 years
Built for the demanding use of those who protect our communities every day, the Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle. Featuring an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durableMagpul@ MBUS@ Pro Series front and rear back up sights and 85 Bravo buttstock.
The Colt EPR reestablishes the Colt AR-l5@ as the finest tool for local, regional, and national law enforcement agencies.The AR-15 can stop threats of great bodily injury or death at close andintermediate ranges. The AR-I5 platform is capable of firing moreaccurately and quicker than a pistol while holding more rounds in the magazine and having better ballistic qualities.
To defend against an imminent threat of serious bodily inj.ry or death. Used by SWAT
$1,100
anticipated yearly maintenance cost
$o
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualif,rcation once ayear.Use is established under FPD Policy 300 and Policy 311. It is the policy of the FPDto utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Description
QuantityCapability
Life SpanManufacturer's DescriptionPurpose
Authorized Usage
Costs
Required Training
Authority for Authorized Use
International AT-.308
Ordinance No. 1326
Page2l of 59 Page 150
04/26/2022 Item No.7.
4 This weapon shoots a heavier round. It is utilized when there is a potential need toengage atargetfurther away than the capabilities of our issued rifles or to engage a target behind an intermediate ba:rier such as glass or metal. The weapon is often deployed in an overwatch capacity to protect the public during events such as the International Marathon.
10-15
The AT (Accuracy Tactical) continues the legacy of the combat proven AW308 andtakes the AW to new levels. The AIAT has a 20-inch quick change barrel and a stock. The AT is ideal for Law Enforcement and civilian users.
The AIAT is an accurate rifle for precision shooting. These rifles are equipped withmagnified optics and can be utilized to take precision shots at intermediate to long ranges. The .308 caliber bullet it shoots is also bigger and heavier than affiical .223 caliber bullet from an AR-l5 which means it wilt penetrate barriers like glass with much less deflection.
To defend against an imminent threat of serious bodily injury or death. Used by SWAT$5,000 $0
maintenance cost
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a once a
Use is established under FPD Policy 300 and Policy 311. It is the policy of the FPDto utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law the use of force.
Description
Quanti8Capability
Life Span
Manufacturer's Description
Purpose
Authorized Usage
CostsRequired Training
Authority for Authorized Use
SWAT Shoforrn
J
Benelli M3 Tactical
Ordinance No. 1326Page 22 of 59 Page 151
04/26/2022 Item No.7.
This is al2-gauge semi-automatic pump shotgun used by SWAT officers. The semrautomatic capability reduces time between rounds versus a standard pump action shotgun. Not having to manipulate a fore-end gives SWAT offrcer the ability to get back on target faster increasing officer safety. The round is good for defeatingbarriers. 10-15 years
Benelli's M3 Tactical Shotgun delivers fast cycling semi-auto fire with conventional loads or pump action for low energy loads. It is available in a 12 gauge, pistol grip model that satisfies a shooters need for both a semi-automatic and a pump action shotgun in one convertible weapon.
SWAT
To defend against an imminent threat of serious bodily injury or death. Used by SWAT$800
anticipated yearly maintenance cost
s0
Prior to using a shotgun, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any shotgun are required to pass a range qualification once ayear.Use is established under FPD Policy 300 and Policy 3l 1. It is the policy of the FPDto utilize shotguns only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
CapabilityLife SpanManufacturer's DescriptionPurposeAuthorized Usage Costs
Required TrainingAuthority for Authorized Use
Colt (11.5-inch barrel) M4 Carbine - Enhanced Patrol Rifle Enhanced Patrol Rifle
24Equipped with optical sight systems and mounted flashlights, the short-barreled rifle (SBR) fires an intermediate-power cartridge (.22315.56) which is more powerful than a standard pistol but less powerf,rl than a standard rifle. The SBR gives policeofficers better maneuverability in and out of patrol vehicles and motorcycles. The SBR is ideal for close quarter deployments inside of structures and provides improved accuracy for long distance engagements.
Description
QuantityCapabilityLife Span
Ordinance No. 1326Page23 of 59
l0-15 years
04/26/2022 Item No.7.
Built for the demanding use of those who protect our communities every day, the Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's mostdependable, thoroughly field-tested patrol rifle. Featuring an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durableMagpul@ MBUS@ Pro Series front and rear back up sights and B5 Bravo buttstock.
The Colt EPR reestablishes the Colt AR-l5@ as the finest tool for local, regional, and national law enforcement agenciesThe AR-l5 can stop threats of great bodily injury or death at close andintermediate ranges. The AR-l5 platform is capable of firing more accurately and quicker than a pistol while holding more rounds in the magazine and having better ballistic qualities.
To defend against an imminent threat of serious bodily injury or death.Used by the Officers $1,190anticipated vearly maintenance cost
$50
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass arange qualification once ayearUse is established under FPD Policy 300 and Policy 311. It is the policy of the FPDto utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Manufacturer's Description
Purpose
Authorized Usage
CostsRequired Training
Authority for Authorized Use
Colt (16-inch barrel) M4 Carbine AR-15
Patrol Rifle
22Equipped with optical sight systems and mounted flashlights, these rifles fire an intermediate-power cartridge (.22315.56) cartridge which is more powerful than a standard pistol but less powerful than a standard rifle. Provides improved accuracy for long distance engagements.
10-15 years
Description
Quantrff
CapabilityLife Span
Ordinance No. 1326Page24 of 59 Page 153
04/26/2022 Item No.7.
The civilian model 6920 is the civilian version of the current Colt M4 Carbine used by our modem military war fighters. Throughout the world today Colt's reliability,performance and accuracy provide our armed Forces with the confidence required to accomplish any mission, and this rifle can do the same for you. Colt's 6920 series shares many of the same features as it's combat-proven brother the Colt M4. From the forged aluminum upper and lower receivers, to the chrome lined barrel, even through the gas operated semi automatic firing system. Don't settle for imitations, buy the real thing, buy a Colt
The AR-l5 can stop threats of great bodily injury or death at close and intermediate ranges. The AR-15 platform is capable of firing moreaccurately and quicker than a pistol while holding more rounds in the and better ballistic ties.
To defend against an imminent threat of serious bodily injury or death.Used by the Officers $940anticipated yearly maintenance cost
$50
Prior to using a rifle, officers must be certified by POST instructors in the operatron of the rifle. Additionally, all members that operate any rifle are required to pass a ualification once a
Use is established under FPD Policy 300 and Policy 31 1. It is the policy of the FPDto utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force
Manufacturer's Description
Purpose
Authorized Usage
CostsRequired Training
Authority for Authorized Use
Black Hills Gold .308 Winchester 180 Nosler AccuBond
Specialized ammunition
700 roundsPenetrate Intermediate Ba:riers, Residential windows/Automotive GlassIndefinite Description
QuantiW
Capability
Life Span
Ordinance No. 1326Page 25 of 59 Page 154
04/26/2022 Item No.7.
This round is loaded with a high quality Nosler AccuBond bullet for excellent down range performance. Through a proprietary bonding process that eliminates voids in the bullet core, AccuBond marries Nosler's traditional copper-alloy jacket with its special lead-alloy core. The result is a bullet that flies true, penetrates deep, won't cause extensive barrel fouling, and will retain 60-70% of its weight. The white polymer tip helps protect against deformation while initiating expansion upon impact. This round is used to penetrate intermediate barriers, residential windows, and automotive glass at2,500 feet per second.
To defend against an imminent threat of serious bodily injury or death.
Used by SWAT
To defend against an imminent threat of serious bodily injury or death.
Used by SWAT
$4s
anticipated yearly maintenance cost
approx. $0
Sworn members utilizing specialized ammunitions are trained by POST certified firearms instructors.
Use is established under the FPD Policy 300, and Policy 3l l. It is the policy of theFPD to utilize specialized ammunition only for official law enforcement puqposes, and pursuant to State and Federal law regarding the use offorce.
Manufacturer's DescriptionPurposeAuthorized Usage
Costs
Required Training
Authority for Authorized Use
Hornaday.308 Winchester Tap 168 grain ELD Match Tap Precision Specialized ammunition
7,600 rounds
Precision Round, Limited PenetrationIndefiniteHornady .308 Winchester Tap 168 grain ELD Match Tap Precision bullet with Heat Shield tip delivers the excellent terminal performance TAP Precision is known for, but features a resilient, heat resistant polymer tip that improves the ballistic coefficient, resulting in higher impact velocities, less drop, less wind drift, and moreenergy on target. The round has amuzzle velocity of 2,672 feet per second.Precision round with limited Penetration DescriptionQuantityCapabiliE
Life SpanManufacturer's DescriptionPurpose
Ordinance No. 1326
Page26 of 59 Page 155
04/26/2022 Item No.7.
To defend against an imminent threat of serious bodily injury or death.
Used by SWAT
$4santicipated yearly maintenance cost
approx. $0
Sworn members utilizing specialized ammunitions are trained by POST certified firearms instructors.
Use is established under the FPD Policy 300, and Policy 311. It is the policy of theFPD to utilize specialized ammunition only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Authorized Usage
Costs
Required Training
Authority for Authorized Use
Ordinance No. 1326Page27 of59 Page 156
04/26/2022 Item No.7.
yearly maintenance cost
$40 $o
Sworn members utilizing chemical agents are trained by POST certified chemical instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of FPD to utilize chemical agents only for official law enforcement purposes, and the
to State and Federal law the use of force.
5 The Ferret@ 37 mm CS Round is a frangible projectile filled withUpon impacting the barier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. The munitions is 4.8 in. by 1.5 in. and chemical agent.
travels at within an effective of 50
To safely resolve critical situations such as violent civil unrest and highrisk tactical De-escalation tool not likely to inflict serious injuryUsed SWAT Tear Gas
5Can be launched via the 37mm launcher
Authority for Authorized Use
PurposeAuthorized Usage
CostsRequired Training
Defense T Ferret 37mm CS 1192
Description
QuantityCapabilityLife SpanManufactwer's Description
To safely resolve critical situations such as violent civil unrest and tactical
Tear Gas
8Can be launched viathe 37mm launcher
5 The Ferret@ 37 mmOC Round is a frangible projectile filled with chemical agent.Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and at 650fps within an effective range of 50 yards.
Life SpanManufacturer's Descripion
Purpose
Defense T Ferret 37mm OC 1160
Description
Quantity
Capability
04/26/2022 Item No.7.
De-escalation tool not likely to inflict serious injury Used by SWAT
$40
anticipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for offrcial law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Authorized Usage
CostsRequired Training
Authority for Authorized Use
Combined Tactical Systems 37mm Riot CS Powder lVflluz,zle Blast Tear Gas
1 Can be launched via the 37mm single launcher
5 years
A cartridge designed to blast initant powder directly from the mvzzle toward a hostile crowd or individual. These muzzle munitions are designed with a "dual-rim" enabling the operator to chamber the round in both 37MM and 40MM Launchers.However, only 37MM will deliver optimum performance as stated in this specification sheet.To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $40
anticipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for offrcial law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Description
QuantityCapability
Life SpanManufacturer's Description
PurposeAuthorized Usage
CostsRequired TrainingAuthority for Authorized Use
PageZ9 of59
Combined Tactical 2430 CS/ barricade
04/26/2022 Item No.7.
Tear Gas
9 Can be launched via a 12 gauge shotgun5 years
Liquid filled, non-burning, fin-stabilized rounds designed to penetrate light tointermediate barriers such as windows and hollow core doors. The projectiles breakupon impact and deliver agent payloads of powder or liquid throughout the adjacent targetarca.To safely resolve critical situations such as violent civil unrest andhigh-risk tactical operationsDe-escalation tool not likely to inflict serious injuwUsed by SWAT $s
anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Description
QuantityCapabiliW
Life SpanManufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Combined Tactical Systems 2440- l2-gattage OC powder
Tear Gas
5 Can be launched viaa12 gauge shotgun
5 yearsOC Liquid filled, non-burning, fin-stabilized rounds designed to penetrate light to intermediate barriers such as windows and hollow core doors. The projectiles breakupon impact and deliver agent payloads of OC powder throughout the adjacent target atea.
To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operations
Description
QuantityCapability
Life SpanManufacturer's Description
Purpose
Ordinance No. 1326
04/26/2022 Item No.7.
De-escalation tool not likely to inflict serious injury Used by SWAT
$8anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Authorized Usage
Costs
Required TrainingAuthority for Authorized Use
Defense Technolof:y Ferret 40mm liquid barricade penetrator round, OC 2260 Tear Gas
10 Can be launched via a 40mm launcher.
5 years
The Ferret@ 40mm Round is non-buming and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge baricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.To safely resolve critical situations such as violent civil unrest and high-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $10
anticipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Description
QuantrECapability
Life Span
Manufacturer's DescriptionPurposeAuthorized Usage
Costs
Required Training
Ordinance No. 1326
04/26/2022 Item No.7.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Authority for Authorized Use
Ordinance No. 1326Page 32 of 59
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for offrcial law enforcement purposes, andpursuant to State and Federal law regarding the use of force.
To safely resolve critical situations such as violent civil unrest andhieh-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $10
anticipated yearly maintenance cost
$0
Tear Gas
l6
Can be launched via a 40mm launcher
5 years
The Ferret@ 40 mm Barricade Penetrating Round is filled with a CS powderchemical agent. It is a frangible projectile that is spin stabilizedutrlizing barrelrifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge balricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle.
Required TrainingAuthority for Authorized Use
PurposeAuthorized Usage
Costs
Defense T Ferret 40 mm barricade round, CS 2292
Description
QuantityCapabilityLife SpanManufacturer's Description
Tear Gas
I 0
Can be launched via a 40mm launcher.
Defense T Ferret 40 mm barricade cs 2262
Description
Quantity
Capability
04/26/2022 Item No.7.
5 years
The Fenet@ 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate bariers, such as windows,hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimizethe risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.To safely resolve critical situations such as violent civil unrest and high-risk tactical operations
De-escalation tool not likely to inflict serious ittjury Used by SWAT
$10
anticipated yearly maintenance cost
$0
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Life SpanManufacturer's DescriptionPurpose
Authorized Usage
Costs
Required TrainingAuthority for Authorized Use
Defense Technology Ferret 40 mm powder barricade roundn OC2290 Tear Gas
ll
Can be launched via a 40mm launcher
5 years
DescriptionQuantityCapabilityLife Span
Ordinance No. 1326
04/26/2022 Item No.7.
The Ferret@ 40 mm Barricade Penetrating Round is filled with an OC powder chemical agent. It is a frangible projectile that is spin stabilizedutilizing banel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge ba:ricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures andinstantaneously delivers the agent payload inside a structure or vehicle.
To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operations
De-escalation tool not likely to inflict serious injuryUsed by SWAT $10anticipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use of force.
Manufacturer's Description
Purpose
Authorized Usage
CostsRequired TrainingAuthority for Authorized Use
Defense Technology Triple-chaser separating canister, CS 1026 Tear Gas
1 0
Can be hand thrown, launched, or placed into a munitions Pole 5 years
The Triple-Chaser@ CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and landapproximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate bum time of 20-30 seconds.
To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operations
Description
Quantity
CapabiliW
Life Span
Manufacturer's De scription
Purpose
Ordinance No. 1326Page 34 of59 Page 163
04/26/2022 Item No.7.
De-escalation tool not likely to inflict serious injury Used by SWAT
$32
anticipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for offrcial law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Authorized Usage
CostsRequired Training
Authority for Authorized Use
I)efense Technology Ferret l2-gattge liquid barricade round, CS 3012 Tear Gas
1 0
Can be launched viaa12 gauge shotgun5 years
The Ferret@ l2-Gauge Liquid CS non pyrotechnical properties also eliminate the firehazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a2.5 in. l2-Gauge rounddeploying .025 oz. of active agent.To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $10
anticipated yearly maintenance cost
$0
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Description
QuantiWCapability
Life SpanManufacturer's DescriptionPurposeAuthorized Usage Costs
Required TrainingAuthority for Authorized Use
Tear Gas
Defense Technolory Ferret l2-gauge powder barricade round, CS 3092 Description
04/26/2022 Item No.7.
I 0
Can be launched viaa12 gauge shotgun
5 years
The Ferret@ l}-Gauge Powder CS non pyrotechnic properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquidor powder carriers for the agent. The powder carrier improves barricade penetration potential
To safely resolve critical situations such as violent civil unrest andhieh-risk tactical operations De-escalation tool not likely to inflict serious inj.ttyUsed by SWAT $10
anticipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Quanti8Capability
Life SpanManufacturer's De scription
PurposeAuthorized Usage
Costs
Required Training
Authority for Authorized Use
Defense Technolory Ferret l2-garuge powder barricade round, OC 3090 Tear Gas
1 0
Can be launched viaa12 gauge shotgun
5 years
The Fenet@ l2-GaugePowder OC non pyrotechnical properties also eliminate the{tehazard common with other products. The Ferret@ round is available with eitherliquid or powder carriers for the agent. These munitions arc a2.5 in. l2-Gauge rounddeploying .002 oz. of active agent.To safely resolve critical situations such as violent civil unrest andhieh-risk tactical operationsDe-escalation tool not likely to inflict serious itjutyUsed by SWAT Description
Quanti8CapabilityLife SpanManufacturer's DescriptionPurpose Authorized Usage
Ordinance No. 1326Page 36 of 59 Page 165
04/26/2022 Item No.7.
$8
anticipated yearly maintenance cost
$0
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Costs
Required TrainingAuthority for Authorized Use
Defense Technolory Ferret l2-gauge liquid barricade round, OC 3010 Tear Gas
10 Canbe launched viaa12 gauge shotgun
5 years
The Fenet@ l2-Gauge Liquid OC non pyrotechnical properties also eliminate the ftrehazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a2.5 in. l2-Gauge rounddeploying .015 oz. of active agent.To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operations
De-escalation tool not likely to inflict serious itj.tty Used by SWAT
$10anticipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Description
Quantitv
Capability
Life SpanManufacturer's Description
PurposeAuthorized Usage
CostsRequired Training
Authority for Authorized Use
Defense Technolory L2-gauge barricade projectile, CS 23 Tear Gas
I 0
Can be launched viaa12 gauge shotgun
Description
QuantityCapability
Page37 of59 Page 166
04/26/2022 Item No.7.
5 years
To safely resolve critical situations such as violent civil unrest andhieh-risk tactical operations De-escalation tool not likely to inflict serious injuryUsed by SWAT $10
anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Life SpanManufacturer's DescriptionPurpose
Authorized Usage
Costs
Required Training
Authority for Authorized Use
Smith & Wesson l2-gatge barricade projectile, CS
Tear Gas4
Canbe launched viaa12 gauge shotgun5 years
Non-pyrotechnical l2-Gauge barricade round with a small CS charge.
To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operationsDe-escalation tool not likely to inflict serious injutyUsed by SWAT $10anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce:
Description
Quantity
Capability
Life SpanManufacturer's DescriptionPurposeAuthorized Usage CostsRequired TrainingAuthority for Authorized Use
Defense T Aerosol OC/CS 1050
o.
04/26/2022 Item No.7.
Tear Gas
aJ
Can be hand thrown, launched, or placed into a munitions Pole 5 years
Designed for indoor use, this grenade contains no CFCs, is not aftrehazard andrequires minimal decontamination by comparison to smoke, powders, or liquids. TheAerosol Grenade is most commonly used in tactical situations by Law Enforcement and Corrections and was designed with indoor operations in mind when a non fireproducing delivery system is desired. It is most effective when used in confined areas and close to the target area. Used to minimize the risks to all parties through paincompliance, temporary discomfort and/or incapacitation of potentially violent ordangerous subjects. The Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder, or liquid devices is not practical ordesired. The OC and CS combination provide sufficient effects in confined areas of up to 1,500 squffe feet. The Aerosol Grenade is not recommended for outdoor use.
To safely resolve critical situations such as violent civil unrest andhieh-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $35
anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Description
QuantityCapabilityLife SpanManufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Defense Technology Spede-Heat continuous discharge chemical grenade, OC 1070 Tear Gas
8 Can be hand thrown, launched, or placed into a munitions Pole 5 years
Description
Quantity
Capability
Life Span
04/26/2022 Item No.7.
The Spede-HeatrM OC Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gasports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately I .09 oz. of active agent.To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operations
De-escalation tool not likely to inflict serious injuryUsed by SWAT $anticipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Manufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Defense Technology Riot control continuous discharge grenade, OC 1080 Tear Gas
5Can be hand thrown, launched, or placed into a munitions Pole5 years The Riot Control OC Grenade is designed specifically for outdoor use in crowdcontrol situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of thecanister. This grenade can be used to conceal tactical movement or to route a crowd.The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0in. by 2.35 in. and holds approximately 0.88 oz. of active agent.To safely resolve critical situations such as violent civil unrest and high-risk tactical operations
De-escalation tool not likely to inflict serious injury Used by SWAT
Description
QuantitvCapabiliW
Life Span
Manufacturer's DescriptionPurposeAuthorized Usage
Ordinance No. 1326Page 40 of59 Page 169
04/26/2022 Item No.7.
$3s
anticipated yearlv maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Costs
Required TrainingAuthority for Authorized Use
Defense Technolory Instantaneous blast CS grenade 1042
Tear Gas
4 Can be hand thrown, launched, or placed into a munitions Pole 5 years
The Instantaneous Blast CS Grenade is designed for indoor or outdoor use; thisgrenade's powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. this device is well suited for affecting numerous subjects grouped within a contained portion of a prison yard or area, using wind to the advantage. This 6.12 in.by 2.62 in. grenade will deliver approximately 1.5 oz. of active agent.To safely resolve critical situations such as violent civil unrest andhieh-ri sk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $3s
anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utllize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Description
QuantityCapability
Life SpanManufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Tear Gas
Defense Technolory Spede-Heat continuous discharge chemical grenadeo CS 1072 Description
04/26/2022 Item No.7.
4 Can be hand thrown, launched, or placed into a munitions Pole 5 years
The Spede-HeatrM CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gasports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.To safely resolve critical situations such as violent civil unrest and high-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $3s
anticipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
QuantityCapability
Life Span
Manufacturer's DescriptionPurpose
Authorized Usage
Costs
Required TrainingAuthority for Authorized Use
Defense Technology Flameless tri-chamber CS grenade 1032 Tear Gas
2 Can be hand thrown, launched, or placed into a munitions Pole5 years Description
Quantrty
CapabiliW
Life Span
Ordinance No. 1326
04/26/2022 Item No.7.
The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its20-25 seconds bum time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement andCorrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. Thepurpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all partiesthrough pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing thechemicals' effectiveness via heat and vaporization, while minimizing or negating thechance of fire to the structure.To safely resolve critical situations such as violent civil unrest andhieh-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $35
anticipated yearly maintenance cost
$0
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Manufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Defense Technology Flameless tri-chamber OC grenade 1030 Tear Gas
JCan be hand thrown, launched, or placed into a munitions Pole 5 years
Description
QuantiECapabiliELife Span
Ordinance No. 1326
04/26/2022 Item No.7.
Designed for law enforcement and corrections, the OC Flameless Tri-Chamber Pyrotechnic Grenade combines the effectiveness of Oleoresin Capsicum (OC) as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. The OC Flameless Tri-Chamber Grenade can be used in crowd control, or barricade situations, as a less lethal solution to incapacitate subjects through temporary respiratory discomfort, while reducing or negating the chance of fire to structures. The Tri-Chamber Flameless Grenade can be used incrowd control as well as tactical deployment sifuations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimizethe risks to all partiesthrough pain compliance, temporary discomfort, andlor incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing thechemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.To safely resolve critical situations such as violent civil unrest and high-risk tactical operations
De-escalation tool not likely to inflict serious injuryUsed by SWAT $35
anticipated yearlv maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Manufacturer's Description
Purpose
Authorized Usage
CostsRequired TrainingAuthority for Authorized Use
Tear Gas
t4
Can be hand thrown, launched, or placed into a munitions Pole 5 years
Defense Technology Riot control continuous discharge grenade, cs 1082 Description
Quanti8CapabilityLife Span
o.
04/26/2022 Item No.7.
The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload inapproximately 20-40 seconds through four gas ports located on the top of thecanister. This grenade can be used to conceal tactical movement or to route a crowd.The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0in. by 2.35 in. and holds approximately 2.7 oz. of active agent.To safely resolve critical situations such as violent civil unrest and high-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $3s
anticipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Manufacturer's DescriptionPurposeAuthorized Usage
Costs
Required Training
Authority for Authorized Use
Defense Technolory Pocket tactical grenade, CS 1016
Tear Gas
il
Can be hand thrown, launched, or placed into a munitions Pole5 years The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of activeagent will bum approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, iteasily fits in most tactical pouches. This is a launchable grenade; however it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a ful1 size tactical grenade.To safely resolve critical situations such as violent civil unrest andhigh-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT Description
QuantityCapability
Life SpanManufacturer's Description
PurposeAuthorized Usage
04/26/2022 Item No.7.
$35
anticipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Costs
Required Training
Authority for Authorized Use
To safely resolve critical situations such as violent civil unrest and hieh-risk tactical operations
De-escalation tool not likely to inflict serious injury Used by SWAT
$3santicipated yearly maintenance cost
$0
Sworn members utilizing chemical agents are trained by POST certifred chemical agent instructors.
Tear Gas
1 5
Can be hand thrown, launched, or placed into a munitions Pole 5 yearsThe Pocket Tactical OC Grenade is a quick burning, reduced volume, continuousdischarge grenade. Pelletized chemical agent is discharged through one (l) gas portlocated on the bottom of the canister. The Pocket Tactical Grenade is a small, lightweight, easily carried device that provides a medium volume of chemical agentor smoke for certain situations. It was designed with the tactical team in mind fordistraction, concealment, rescue, or signaling. The pocket grenade is not specifically intended as a crowd management device; however, it can be used in chemicalconfigurations in conjunction with larger smoke canisters to "piggy back" chemicalagent into a predominately smoke environment. This device should be deployedutilizing wind advantage Authorized Usage
CostsRequired Training
Life SpanManufacturer's Description
Purpose
Defense Pocket tactical oc 1019
Description
Quanti8Capability
Ordinance No. 1326
04/26/2022 Item No.7.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Authority for Authorized Use
Defense Technolopy lf:urzle blast 40 mm round, OC 6040
Tear Gas
10 Can be launched via a 40mm launcher
5 years
The 40 mmMtszzle Blast OC Round is widely used as a crowd management tool for the immediate and close deployment of chemical agent. It can also be employed intactical operations such as barricaded subjects for area denial, area contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round itis an excellent device for deploying chemicalJaden OC powder at close ranges forindoor or outdoor operations. It has a maximum effective range of 30 feet /9.1meters.
To safely resolve critical situations such as violent civil unrest and hi eh-ri sk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $3santicipated yearly maintenance cost
$o
Sworn members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use of force.
Description
QuantityCapabiliELife SpanManufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Tear Gas
I 6
Can be launched via a 40mm launcher
5 years
Defense Technolory Muz:zle blast 40 mm round, CS 6042
Description
Quantlty
CapabiliW
Life Span
04/26/2022 Item No.7.
The 40 mm Muzzle Blast CS Round is widely used as a crowd management tool for the immediate and close deployment. It can also be employed in tactical operations such as barricaded subjects, room clearing, area denial, and for small space contamination, and a means of contaminating crawl spaces and attics. As a paincompliance round it is an excellent device for deploying chemical-laden CS powder at close ranges for indoor or outdoor operations. The cloud ofagent is very effectivein filling holes in dispersals lines or engaging crowds at close distances.
To safely resolve critical situations such as violent civil unrest and high-risk tactical operations
De-escalation tool not likely to inflict serious injuryUsed by SWAT $3santicipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Manufacturer's Description
PurposeAuthorized Usage
CostsRequired TrainingAuthority for Authorized Use
Defense Technolory Smoke Maximum HC Smoke 1083
Smoke
I 0
Can be hand thrown, launched, or placed into a munitions PoleThe Military-Style Maximum Smoke Grenade comes from the DefenseTechnology@ #3 smoke grenade. It is a slow buming, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emitsgrey-white smoke only for approximately 1.5 to 2 minutes.To safely resolve critical situations such as violent civil unrest andhi gh-risk tactical operations Description
QuantityCapability
Life SpanManufacturer's Description
Purpose
Authorized Usage
5 Ordinance No. 1326Page 48 of 59 Page 177
04/26/2022 Item No.7.
$38
anticipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Costs
Required TrainingAuthority for Authorized Use
Defense Technology Triple-Chaser separating canister, SAF-Smoke 1027 Smoke
1 0
Can be hand thrown, launched, or placed into a munitions Pole5 years The Triple-Chaser@ Saf-SmokerM consists three separate canisters pressed togetherwith separating charges between each. When deployed, the canisters separate and land approximately 20 feel apart allowing increased area coverage in a short periodof time. This grenade can be hand thrown or launched from a fired delivery systemand is an effective way to quickly deploy a wide blanket of agent. The grenade is 6.5in. by 2.7 in. and delivers Saf-SmokerM. It has an approximate burn time of 20 seconds.
To safely resolve critical situations such as violent civil wnest and high-risk tactical operationsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $38
anticipated yearly maintenance cost
$o
Swom members utilizing chemical agents are trained by POST certified chemical agent instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of theFPD to utilize chemical agents only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Description
QuantityCapability
Life Span
Manufacturer's DescriptionPurpose
Authorized Usage
Costs
Required Training
Authority for Authorized Use
Ordinance No. 1326Page 49 of 59
04/26/2022 Item No.7.
Defense Technology 8933 Low Roll Distraction Device
Diversionary Device (Flash Bang)
35 This intermediate less lethal specialty munition allows for light sound diversion during tactical operations which allows for tactical advantageduring high-risk situations.
Reusable 25 times
The Non-Reloadable Distraction Device@ unit incorporates an M201Al type fuzewith hex design gun steel body. This is compact version of the 8933 Low Roll@body Distraction Device is the newest version of the first reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. This is a smaller, lighter device with the same output.
To safely resolve critical situations during high-risk tactical operations.
De-escalation tool not likely to inflict serious injuryUsed by SWAT $30
anticipated yearly maintenance cost
$o
Prior to use, officers must attend inhouse training conducted by POST certifiedinstructors or attend POST certif,red training.
Use is established under FPD Policy 300. It is the policy of the FPD to utilize diversion devices only for official law enforcement purposes, and pursuant to Stateand Federal law regarding the use offorce.
Description
QuantityCapabilityLife SpanManufacturer's Description
PurposeAuthorized Usage
CostsRequired Training
Authority for Authorized Use
Defense Technolog5r 8908CI Command Initiated Distraction Device Diversionary Device (Flash Bane)
8 This intermediate less lethal specialty munition allows for light sounddiversion during tactical operations which allows for tactical advantageduring hish-risk situations.
One time use
Description
OuantiW
Capability
Life Span
Ordinance No. 1326
04/26/2022 Item No.7.
The Command Initiated Reload can be initiated on command from a remote point alleviating initiation delay when instantaneous results are desired. It is ideal foroperations utilizing bang poles, deterring retreat and achieving space denial from predetermined areas. 12" of thermo tubing is included with the reload. Some assembly and accessories are required.To safely resolve critical situations during high-risk tacticalDe-escalation tool not likely to inflict serious injuryUsed by SWAT $35anticipated yearly maintenance cost
$0
Prior to use, officers must attend inhouse training conducted by POST certified instructors or attend POST certifiedUse is established under FPD Policy 300. ft is the policy of the FPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force
Manufacturer's Description
PurposeAuthorized Usage
CostsRequired Training
Authority for Authorized Use
Ordinance No. 1326
04/26/2022 Item No.7.
Remington 870 Pump Action Shotgun - Less Lethal
Less Lethal Shotgun
1 0
Deploying 12 gauge less lethal flexible baton munitions (Super sock)
l5-20 years
The Remington 870 banel has a fixed cylinder choke for optimum performance with buckshot and slugs at close range. A myriad of aftermarket Remington 870 accessories enables owners to customize the 870 Express for specific purposes. 870 Reminglon is a receiver milled from a solid billet of steel for maximum strength, and twin action barsDeploys 12 gauge less lethal flexible baton (Super sock) as impact munitions.De-escalation tool not likely to inflict serious injuryUsed by SWAT and Patrol. $s00
anticipated yearly maintenance cost
$50
Sworn members utilizing less lethal shotguns are trained by POST certified instructors for 2 hours.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize impact munitions only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
Description
OuantityCapabilityLife SpanManufacturer's Description
PurposeAuthorized Usage
CostsRequired Training
Authority for Authorized Use
Defense Technolory 37MM Tactical Single Launcher
37 MM Proiectile Launcher
2Deploying 40mm less lethal impact projectiles and 40mm chemical agent rounds 25 yearsThe 37LMTS is a tactical 37mm single shot launcher. The Ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two pointsling attachment. The 37LMTS will fire standard 37l39mml-ess Lethal ammunition, up to 8 inches in cartridge length. The Picatinny Rail Mounting System will accept awide array of enhanced optics/sighting systems.
Description
QuantityCapability
Life SpanManufacturer's Description
Ordinance No. 1326
04/26/2022 Item No.7.
Deploying 40mm less lethal impact projectiles and 40mm chemical agent rounds De-escalation tool not likely to inflict serious injuryUsed by SWAT $300anticipated yearly maintenance cost
$o
Sworn members utilizing munitions launchers are trained by POST certified chemical agent instructors and POST certified less lethal instructors.
Use is established under the FPD Policy 300, subsection 308.4, and Policy 311. It is the policy of the FPD to utilize projectile launchers only for official law enforcement pu{poses, and pursuant to State and Federal law regarding the use offorce.
PurposeAuthorized Usage
CostsRequired TrainingAuthority for Authorized Use
Defense Technolory 1440 40MM Tactical4-Shot Launcher
40 MM Proiectile Launcher2Deploying 40mm less lethal impact projectiles and 40mm chemical agent rounds 15 years
Designed for riot and tactical situations, the Defense Technology@ 1440 40mm Tactical4-Shot Launcher is low-profile and lightweight, providing multi-shotcapability in an easy to carry launcher. It features the Rogers Super StocrMexpandable gun stock, an adjustable Picatinny mounted front grip, and a uniquedirect-drive system to advance the magazine cylinderDeploying 40mm less lethal impact proiectiles and 40mm chemical agent roundsDe-escalation tool not likely to inflict serious injuryUsed by SWAT $300anticipated yearly maintenance cost
$0
Swom members utilizing munitions launchers are trained by POST certified chemical agents instructors and POST certified less lethal instructors.
Use is established under the FPD Policy 300, subsection 308.4, and Policy 311. It isthe policy of the FPD to utilize projectile launchers only for offrcial law enforcement pu{poses, and pursuant to State and Federal law regarding the use offorce.
Description
Quantity
Capabilitv
Life SpanManufacturer's Description
Purpose
Authorized Usage
Costs
Required Training
Authority for Authorized Use
04/26/2022 Item No.7.
Penn Arms L637-I37MM Projectile Launcher
37 MM Proiectile Launcher
I
Deploying 37mm less lethal impact proiectiles
25 yearsA spring-advance magazine drum launcher with a six-shot capacity and a smoothbarrel.
Deploying 37mm less lethal impact proiectilesDe-escalation tool not likely to inflict serious iniury. Used by SWAT and patrol $3oo
anticipated yearly maintenance cost
$o
Sworn members utilizing munitions launchers are trained by POST certified chemical agents instructors and POST certified less lethal instructors.
Use is established under the FPD Policy 300, subsection 308.4, and Policy 311. It isthe policy of the FPD to utilize projectile launchers only for official law enforcementpurposes, and pursuant to State and Federal law regarding the use offorce.
Description
Quantity
CapabiliW
Life SpanManufacturer's Description
PurposeAuthorized Usage
CostsRequired Training
Authority for Authorized Use
Sage KOUS Impact Baton 37MM Projectile
37 MM Proiectile
t7
3Tmmlauncher
25 years
The KOI is a direct fire modular impact baton round that is designed to be used tn situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.
To safely resolve critical situations such as high-risk tactical operationsThese are necessary because there is no reasonable altemative that can achieve the same objective of officer and civilian safety/will safeguard the public's welfare, safety, civil rights, and civil liberties.
De-escalation tool not likely to inflict serious injury. Used by SWAT amd patrol.
Description
QuantiECapabiliE
Life SpanManufacturer's Description
Purpose
Authorized Usage
Ordinance No. 1326Page 54 of 59 Page 183
04/26/2022 Item No.7.
$30
anticipated yearly maintenance cost
$o
Sworn members utilizing munitions launchers are trained by POST certified chemical agents instructors and POST certified less lethal instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize impact munitions only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Costs
Required Training
Authority for Authorized Use
De-escalation tool not likely to inflict serious injury. Used by SWAT and patrol. $30
anticipated yearly maintenance cost
$o
Swom members utilizing munitions launchers are trained by POST certified chemical agents instructors and POST certified less lethal instructors Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize impact munitions only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce. 37mm launcher
25 yeasThe KO3 is a direct fire crush nose chemical impact baton round that is designed tobe used in situations where a combination of kinetic energy and chemical agents ispreferred for the incapacitation of hostile and/or non-compliant individuals.
To safely resolve critical situations such as high-risk tactical operations.
These are necessary because there is no reasonable altemative that canachieve the same objective of officer and civilian safety/will safeguard the public's welfare, safety, civil rights, and civil liberties. 37 MM Proiectile
6 Purpose
Authorized Usage
CostsRequired TrainingAuthority for Authorized Use
KO3OC/S OC Baton 37MM ectile
Description
QuantityCapabiliWLife SpanManufacturer's Description
Winchester Lake Erie Chemical Launcher Attachment
12 Gange Proiectile Launcher
1 Description
Quantity
04/26/2022 Item No.7.
These launching cups attach to 12 gauge less lethal shotguns and allow us to launch canisters of chemical agents or smoke.25 years
These launching cups attach to 12 gauge less lethal shotguns and allow us to launchcanisters of chemical agents or smokeDe-escalation tool not to inflict serious Used SWAT. $500antici
$o
maintenance cost
Sworn members utilizing munitions launchers are trained by POST certified chemical agents instructors and POST certified less lethal instructors.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize impact munitions only for official law enforcement purposes, andpursuant to State and Federal law regarding the use offorce.
CapabilityLife SpanManufacturer's DescriptionPurpose
Authorized Usage
CostsRequired Training
Authority for Authorized Use
De-escalation tool not likely to inflict serious injury. Used by SWAT. $40anticipated yearly maintenance cost
$0
Sworn members utilizing munitions launchers are trained by POST certifiedchemical agents instructors and POST certified less lethal instructors. l2 Gauge Proiectile Launcher
I
These launching cups attach to 12 gauge less lethal shotguns and allow us to launchcanisters of chemical agents or smoke.25 years The launching cup will project the Pocket Tactical Grenade beyond the normal throwing distance. This will extended the ability and safety of the officers involved.
Removable shotgun forend to ensure proper stand-off when using breaching rounds To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
CostsRequired Training
Description
Quantrty
CapabilityLife SpanManufacturer's Description
PurposeAuthorized Usage
Defense T 1370 Tko/
Ordinance No. 1326
04/26/2022 Item No.7.
Use is established under the FPD Policy 300, subsection 308.4. It is the policy of the FPD to utilize impact munitions only for offrcial law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
Authority for Authorized Use
Ordinance No. 1326Page57 of59
Defense Technology Drag Stabilized 12 gauge Bean Bag Round-3027 Less lethal munitions
120 rounds
This intermediate less lethal specialty munition allows for direct impactfrom a minimum range and a maximum effective range of 75ftIndefiniteThe Drag StabilizedrM l2-Gauge Round is a translucent l2-Gauge shell loaded with a 4O-Gram tear shaped bag made from a cotton and ballistic material blend and frlled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The l2-Gauge Drag Stabilized Round has secured its place as theLaw Enforcement Communities' number one choice for specialty impact munitions.This round has a velocity of 270 fps with a maximum effective range of 75 feet.
To safely resolve critical situations such as crowd control during riotous situations and high-risk tactical operations. These are necessary because there is no reasonable altemative that can achieve the same objective of officer and civilian safety/will safeguard the public's welfare, safety,civil rights, and civil liberties.De-escalation tool not likely to inflict serious iniury. Used by SWAT and patrol. $s
anticipated yearly maintenance cost
approx. $0
Sworn members utilizing munitions launchers are trained by POST certified less lethal instructors.
Use is established under the FPD Policy 300, subsection 308.7, and Policy 31 1. It isthe policy of the FPD to utilize less lethal munition only for official law enforcementpu{poses, and pursuant to State and Federal law regarding the use of force.
Description
QuantiW
Capability
Life SpanManufacturer's Description
PurposeAuthorized Usase
Costs
Required TrainingAuthority for Authorized Use
04/26/2022 Item No.7.
American Tech Cord 500
25 $1,000
anticipated maintenance cost
$0
use is established under FPD Policy 312. It is the policy of the FPD to LRAD only for official law enforcement purposes, and pursuant to State and Federal law
utilize the
to the LRAD inthe freld. Alt recelve
I
Used to send over
LRAD systems deliver live or recorded voice messages with any operational scenario. Optimized to the primary range of hearing, LRAD's Advanced Driver and Waveguide Technology ensure every broadcast is clearly heard exceptional clarity for
and understood, even above and nolse.
Authorized Usage
CostsRequired Training
Authority for Authorized Use
Life SpanManufacturer's Description
Purpose
Acoustic Device
Description
QuantityCapabilitv
Ordinance No. 1326Page 58 of59 Page 187
04/26/2022 Item No.7.
Meridian Rapid Defense Group Archer 1200
Anti-vehicle Barrier
16 barriers, I trailer,2 haulers
The Archer 1200 Anti-Vehicle Barrier is a portable barrier which can protect closedareas from vehicle-ramming attacks. These barriers replace wooden, and water filled barricades during special events and are easily deployed when there is an increase inthe level of threat to a specific location or crowded area. They allow for pedestriansto move between them but can stop vehicles from entering closed areas. These barriers will be used during special events and critical incidents where pedestrian safety is a concern.
The Folsom Police Department has applied for a grant to obtain 16 barriers but have not taken possession yet.
10 years
An unanchored, "drop-and-stop" barrier for a VSM (Vehicle Safety Mitigation) solution deployment on any surface. Archer 1200 baniers has the shortest stopping distance in its class, modular design, no heavy equipment required for deployment To be used based on the specific circumstances of a given critical incident, largeevent, natural disaster or community event that is taking place.
Authorized for use would include but not be limited to critical incidents, emergencies, and community events.
$150,000$0 anticipated yearly maintenance cost
approx.
All officers deploying the vehicle barriers will receive training on how to properly load, unload, move, and deploy the barriers in the field.
It will be the policy of the Department to use the vehicle barriers for official law enforcement purposes including road closures, and special events Description
QuantiWCapabilityLife SpanManufacturer's Description
PurposeAuthorized Usage
Costs
Required TrainingAuthority for Authorized Use
Ordinance No. 1326Page 59 of59
04/26/2022 Item No.7.
Folsom City Council
Staff Re ort
RECOMMENDATION/CITY COUNCIL ACTION
Move to deny the appeal by Igor Semenyuk of a Decision by the Historic District Commission Denying a Conditional Use Permit for the Lakeside Memorial Lawn Crematorium project (PN 19-182) located at l20l Forrest Street.
BACKGROUND
The Lakeside Memorial Lawn located at l20l Forrest Street has been in operation since the 19th century and represents a combination of several old Folsom cemeteries, including the Masonic, Odd Fellows, Jewish, Citizen's, and Cook's cemeteries. It is adjacent to the Chung Wah cemetery to the south, dredge mining tailings to the east, the Folsom Lake State Recreation Area and American River to the west and the PreservelLake Natoma Shores subdivision to the north.
The Lakeside Cemetery (including the Odd Fellows and Mason's Cemeteries) and the adjacent Chung Wah Cemetery and mining tailings all appear on the City of Folsom's Cultural Resources Inventory list and the Lakeside Memorial Lawn and Chung Wah cemeteries were both designated as oohistoric" by the Sacramento County Board of Supervisors and Cemetery Advisory Commission. The Chung Wah Cemetery is also listed on the National Register of Historic Places. '
1 MEETING DATE: 412612022
AGENDA SECTION: Public Hearing
SUBJECT: Appeal by Igor Semenyuk of a Decision by the Historic District Commission Denying a Conditional Use Permit for the Lakeside Memorial Lawn Crematorium project (PN 19-182) located at 1201 Fonest Street
FROM: Community Development Department
04/26/2022 Item No.8.
The Planning Commission approved a Use Permit and Variance for Mausoleums at Lakeside Memorial Lawn in 1991 (PC9l-042). An amendment to the approval was granted in 1995 (PC95-033). That approval allowed for the construction of twelve mausoleums. To date, two mausoleums have been built.
In2002, Lorin Claney applied for a Conditional Use Permit (CUP) for a crematorium at the Lakeside Memorial Lawn (PN 02-258). Staff preparedaDraft Initial Study/IMitigated Negative Declaration (IS/MND) for the project and routed it for public review. Staff received several comments from the public and from the Sacramento County Cemetery Advisory Commission recommending denial of the project.
While no formal air quality or cultural resources studies were done as part ofthe 2002 IS/MND, staff prepared a staff report for the Historic District Commission recommending denial of the project in2003 on the grounds that the letter from the Cemetery Advisory Commission stated that the crematorium would have a negative impact on the historical character of the existing cemetery and historical use of the area. The staff report stated that, based on the Cemetery Advisory Commission letter, the conglomeration of historic cemeteries, combined with the tailings, create a rare combination of unique cultural resources that will be impacted by the proposal, thatacrematorium is not a use consistent with a historic cemetery, and that approval of a CUP for a contemporary use such as a crematorium would jeopardize the eligibility status of the site as anhistoric cemetery by the County. Because the staff reportrecommended denial, the CEQA analysis was not included in the staff report since CEQA does not apply to projects which a public agency rejects or disapproves.
Prior to the scheduled public hearing, the applicant withdrew the application based on costs associated with preparing additional environmental analysis for air quality and cultural resources studies. The Historic District Commission did not review or consider the project proposed in2003, including the CUP application or the associated IS/MND.
An existing maintenance building, approximately 1,071 square feet in area (where the crematorium is proposed), is located along the south border of the cemetery. The design review application for a second 1,600-square-foot maintenance shed was approved by the Historic District Commissionin2l2} (PN 20-160) and the shed was subsequently constructed.
On May 16,2019, the applicant (Igor Semenyuk) submitted a development application for approval of a Conditional Use Permit for operation of a crematorium inside the Miller Funeral Home located at 507 Scott Street. In coordinating with the Sacramento Metropolitan Air Quality Management District (SMAQMD), the applicant determined that a crematorium at this location would not be feasible. The applicant then proposed to perform alkaline hydrolysis (liquid cremations) at this location that would not employ any burning or produce emissions but instead would produce a liquid effluent that would be flushed down sewage pipes. While this method of cremation was approved in California in 2017 , City Environmental and Water 2 Page 190
04/26/2022 Item No.8.
Resources staff, in coordination with the Sacramento Regional County Sanitation District, did not have enough local examples of the impacts of these effluents to support this proposal. The applicant subsequently proposed to locate the crematorium in the Lakeside Memorial Lawn in the same metal structure in which it was proposed in 2003.
The proposed project includes the installation of one HCT Apex-250 cremalory (manufactured by Hartwick Combustion) within an existing metal structure. The roof of the structure would be cut open to accommodate this device, but the structure's footprint would not be expanded.
In addition, a l0-foot-wide by l5-foot-wide walk-in cooler would be installed inside the structure to provide temporary, short-term storage of human remains prior to cremation. Two 250-gallon propane tanks would be installed on a concrete pad along the northern side of the structure to provide power for the crematorium, as no gas lines currently exist on the property.
The concrete pad covers approximately 38.3 square feet of ground. An exhaust stack would be installed on the roof of the metal structure approximately 19.5 feet from finished grade. The applicant proposes up to four cremations per day and expects that the total will not exceed 500 cremations per year. Average cremation time is approximately 90 minutes. One to two employees would be present to operate the crematorium during the cremation process. Existing parking spaces would be utilized to accommodate employees and visitors.
If the CUP is approved, the project is also required to obtain an authority to construct permit to operate (A/C, PTO) from SMAQMD before the crematory can be installed and operated. As part of that process, the applicant would be required to provide analysis to ensure the crematory will meet all air district rules/regulations and significance thresholds during the air district's A/C, PTO application and review process. In the event the air district's refined health risk assessment analysis shows that cancer risk or hazard index numbers exceed the significance thresholds noted, further restrictions to the crematorium would be required by SMAQMD before they would issue the dC, PTO. All crematoriums in Sacramento County are also subject to regular inspections by SMAQMD, which investigates all public complaints about the facilities and fines all facilities for any violations.
Based on the potential for the project to impact nearby residences and cultural resources, staff had an environmental study, called an Initial Study (IS), prepared. Staff retained HELIX Environmental Planning, Inc. to prepare the study, including a full Air Quality and Greenhouse Gas Emissions Assessment. HELIX also hired ECORP Consulting to prepare a Cultural Resources Inventory Report that informed the environmental conclusions regarding cultural and tribal resources. As a result of the Initial Study, a Mitigated Negative Declaration (IvIND) was prepared by HELIX and that environmental document found that all environmental impacts related to the project would be less than significant with mitigation. The IS/MND is included as an appendix within Attachment 2 of this staff report.
After the IS/MND had been made public, staff prepared a staff report recommending approval of the proposed CUP and IS/MND to the Historic District Commission (provided in Attachment 2).ln the staff report, staff noted that with the rigorous analysis of air quality and J Page 191
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cultural resources provided in the new IS/MND, staff determined that the project would not be detrimental to the health, safety, peace, morals, comfort and general welfare ofpersons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city, as the proposed project would not have negative impacts to nearby commercial or residential uses that have not been mitigated.
Notice of the ISA4ND publication and the public hearing in front of the Historic District Commission were placed in the Sacramento Bee and mailed to property owners within 300 feet ofthe subject property.
During the life of the project application, staff received directly or was forwarded over 120 unique public comments regarding the project and/or the environmental document, the vast majority of which expressed concems about the project and the environmental document. Also submitted to staff were an online petition with over 160 signatures, a hand-signed petition with almost 500 signatures, and over 300 signed form letters all expressing opposition to the proposed project. Staff included these letters and petitions as part of the staff report and made them available to the public, the Historic District Commissioners, and the applicant. Staff also summarized each of the unique points made in the public comments in the staff report and HELIX provided a response letter to the general points that were made in several of the letters regarding environmental issues addressed in the IS/MND. All of the comment letters were provided to the Historic District Commission for their consideration (included as part of Attachment 2 to this staff report) at the February 16,2022 meeting. Comments received after the publication of the staff report are included in Attachment 3 of this staff report.
The individuals who were opposed to the proposed project voiced concerns regarding a number of topics including the following:
o Concerns regarding air quality emissions and the data used in the Air Quality and Greenhouse Gas Emissions Assessment;
o Concerns regarding traffrc, circulation and parking;
o Concerns regarding wildfire and life safety in case of fire caused by the crematorium; o Cultural and archaeological concems regarding the impact of the crematory machine on nearby cultural resources and burial sites
o Concerns regarding the appropriateness of the land use (a crematorium) in the Historic District;
r Aesthetic concerns regarding the height and design of the stack and impacts to views from nearby cultural resources and residences;
o Whether members of the public could be present at cremations; o Differences in the conclusions of the 2003 and2022 staff reports for the crematorium; o Concerns regarding the potential decrease in property values of nearby residences due to the presence of the crematorium; and
o Psychological effects of nearby residences being located near a crematorium. 4 Page 192
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After publication of the staff report, staff received six additional public comment letters that were added to the record. Included in those comments were two letters from individuals belonging to the Sacramento County Cemetery Advisory Commission. The Chair of the Cemetery Advisory Commission reiterated the points that were made by the group in 2003, stating that construction of a crematorium would be inappropriate near the surrounding cultural resources of historic importance. The Chair also provided evidence that the Lakeside Cemetery and Chung Wah Cemetery were listed for historical designation by the County. Another member of the Cemetery Advisory Commission wrote a letter stating that the proposed crematorium could threaten the nomination of the Young Wo Cemetery and that construction of the crematorium could adversely affect the historic features and burials of those buried nearby. HELIX provided a topical response to these comments prior to the hearing. This memorandum has been included in Auachment 4 of this staff report.
The Historic District Commission reviewed the Lakeside Memorial Lawn Crematorium project at its February 16,2022 meeting. At this meeting, 36 individuals (mostly residents of the PreservelLake Natoma Shores subdivision and the surrounding neighborhoods of the Historic District, as well as arepresentative fromthe Sacramento County Funeral Commission) voiced concerns about and asked for denial of the proposed project, siting many of the same reasons expressed in the previously submitted letters. Following extensive public comment, the Historic District Commission engaged in a lengthy discussion regarding the proposed project on primary topics related to air quality, fre hazards, aesthetics, cultural resources, property values and required CUP findings.
With respect to air quality, the Historic District Commission discussed the preliminary Health Risk Assessment performed for the IS/MND and spoke with a representative from SMAQMD about the air district's permitting and enforcement process. It was reiterated that Best Available Control Technologies (BACTs) would be required for the cremation machine which would limit air pollution. Regarding complaints, the SMAQMD explained that they typically respond within 24 hours and visit both the complainant and the potential sources of the complaint.
Notices of violation and fines may be levied under the air district's authority to enforce public nuisance provisions and facilities with persistent violations or nuisances are subject to permit revocation. SMAQMD Staff also noted that persistent complaints that result in such actions may result in revocation of the CUP.
With regards to an increase in potential cancer rates due to the crematorium, HELIX staff began the discussion by noting that there is a risk of potentially developing cancer inherent in breathing the air around us. In the state of California, that baseline risk is approximately 800 cases per 1 million people. When analyzing whether a proposed project has the potential to increase that baseline risk due to the project's impact on air quality, an increase in 10 cancer cases per million people would be considered significant. Based on modeling and its analysis, HELIX determined that this project has the potential to increase the baseline risk of potentially 5 Page 193
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developing cancer by 0.5 cases per million people. This analysis assumes that someone would remain at the maximum point of exposure consecutively for 30 years. HELIX staff also explained that this analysis does not mean that anyone will necessarily develop cancer; the focus is on the potential risk that it will happen. For CEQA pu{poses, a potential increase of
0.5 cases per million people is not considered significant.
Ultimately, a majority of the Historic District Commissioners expressed confidence in the air quality analysis in the IS/MND and SMAQMD process.
With respect to fire hazards, one or more Historic District Commissioners asked about the potential frehazards of the proposed propane tanks. Folsom Fire Chief Ken Cusano clarified that the commercial-grade tanks require an operation permit from the Fire Department and are designed to vent. Chief Cusano was also asked about public concem regarding the adequacy of existing evacuation routes in case of fire. Chief Cusano stated that since the crematorium posed no significant fire danger to the area as conditioned, there would be no significant impact to evacuation routes. Chief Cusano also stated that the Fire Department can open the opposite end of Forrest Street if needed and that potential issues with Light Rail gates being in the down position on the evacuation route during an emergency event can be worked out by contacting Light Rail during an emergency to stop trains from coming to the area. During deliberation, individual Historic District Commissioners expressed confidence with regards to staffs analysis of fire hazard impacts.
With respect to aesthetics, individual Historic District Commissioners asked for clarification on the ultimate height of the stack and what kind of control SMAQMD has over the height.
Commissioners also questioned whether design review would be warranted for the proposed stack or whether they could provide design parameters as part of the CUP so that a separate design review would not be necessary. HELIX commented that the analysis done for the IS/MND assumed a height of 19.5 feet from finished grade based on specifications provided to them by the applicant. The SMAQMD representative noted that the Air District does not advocate for a specific height unless the height proposed by the applicant does not meet the district's air quality standards for nearby sensitive receptors.
With respect to cultural resources, individual Historic District Commissioners expressed concern that the project was not consistent with Historic District Design and Development Guidelines (DDGs) Policy 2.2, which states that "the City shall encourage National Register nomination of historic buildings as well as other historical designations by state or local agencies" given the Sacramento County Cemetery Advisory Commission's letters. Individual Commissioners also expressed concern that the proposed crematorium is not an historic use.
ECORP staff, who prepared the Cultural Resources Inventory Report, stated that many different cultures' funerary practices have occurred at Lakeside Memorial Lawn and that introducing a new practice (cremation) would not be the first time that a new funerary practice has been introduced on the project site. They also stated that while cremation is not a typical 6 Page 194
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part of Chinese funerary practices, buming of possessions was common in such practices, and occurred in the Chung Wah cemetery until the 1960's.
ECORP stated that whether a crematory is an appropriate use on the project site is not an archeological question but if a crematory were to be located on the project site, the proposed location would be the most appropriate place for it since it is in a modern, previously disturbed maintenance area of the cemetery. Historic District Commissioners agreed that the appropriateness of the use is for the HDC to decide, but several commissioners stated that their cultural resources concerns had not been adequately addressed, especially since the Sacramento County Cemetery Advisory Commission stated that the crematorium would have a negative impact on the historical significance of the cemetery. Individual Historic District Commissioners stated that they wished that the Cemetery Advisory Commission would have provided more information regarding how specifically the crematory would have a negative impact but stated that the Cemetery Advisory Commission would have time to provide a greater level of detail before a City Council meeting, as it was assumed that their decision would be appealed by either the public or the applicant based on the level of project controversy. Staff has since reached out to the Cemetery Advisory Commission directly after the hearing for more information. The Cemetery Advisory Commission communicated to staff that they were able to meet regarding the proposed crematory prior to publication of the City Council staff report and that the comments they made in2002 still stand.
With respect to property values, individual Historic District Commissioners asked whether property owners would be required to provide disclosures that they live near a crematorium.
The Assistant City Attorney stated that they did not see anything specifically in their research of real estate laws that would necessarily require that the presence of a crematory would have to be disclosed but recommended that anyone with concerns about real estate disclosures should consult a realtor or a real estate attorney. However, multiple Historic District Commissioners stated that they believe that the presence of a crematory would be detrimental to nearby residential property values and that realtors would take that into account when determining home listing prices.
Finally, with respect to the required CUP findings, individual Historic District Commissioners asked for clarification as to why the findings in the 2003 staff report differed from those in the 2022 staff report. One commissioner referenced that the 2003 staff report showed that the originally proposed crematorium was not consistent with the DDGs and questioned how the newly proposed project is different. Multiple commissioners brought up the high volume of public comments received from members of the surrounding commumty and wondered if the finding that the project would not be detrimental to the peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city could be met given the amount of opposition from the neighborhood and chances of property values going down due to the presence of a crematorium in the area. Staff clarified that the 2003 staff 7 Page 195
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report relied on an internally produced IS/MND with no technical studies performed by cultural resources experts, and without further information beyond the letter from the Cemetery Advisory Commission, denial was recommended. Staff recommended approval in the 2022 staff report in part because of the conclusions of the Ecorp Cultural Resources Inventory Report.
At the conclusion of the Historic District Commission meeting on February 16,2022, a motion was made to approve the proposed CUP and IS/MND with additional conditions added to install a weather station on the structure on which the crematory would be located to collect wind data for potential smoke and odor complaints and for the stack to be subject to design review by the Historic District Commission subsequent to obtaining a permit from the SMAQMD. That motion was seconded but failed by a vote of l-6. A second motion was then made to deny the CUP using the same finding that was made in the 2003 staff report that stated that the use is detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood, and detrimental or injurious to property and improvements in the neighborhood and the general welfare of the city because introduction of this use will impact the historical character of the existing cemetery and historical use of the area. This motion was seconded and passed with a vote of 6-1.
Since the Historic District Commission hearing, and in response to the timely appeal, staff received additional comments from the public and the Cemetery Advisory Commission for consideration during the appeal. All such comments oppose the project and recommend denial of the appeal. These letters are included in Attachment 6 of this staff report.
POLICY / RULE
As set forth in Section 17.52.700 ofthe Folsom Municipal Code, actions ofthe Historic District Commission may be appealed to the City Council. The appeal shall be in writing, shall state the specific reason for the appeal and grounds asserted for relief, and shall be filed no later than 10 calendar days after the date of the action being appealed.
ALYSIS
On February 22, 2022, project applicant Igor Semenyuk submitted a timely appeal of the decision of the Historic District Commission denying the proposed project (Attachment 1).
The applicant/appellant later submitted a supplemental letter providing additional reasoning for the appeal, also included in Attachment 1.
In his appeal and supplemental letter, Mr. Semenyuk makes the following claims:
1. The findings for denial were that the project was detrimental to health and safety/general welfare of the neighborhood, and to property values in the neighborhood 8 Page 196
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and city and that there would be impacts to the historical character of the cemetery and area. However, no data was provided by the Commission to support their findings for denial. Their denial was based on the residents' concerns rather than the data from the staff report and IS/MND.
2. Staff recommended approval of the crematorium and an IS/MND was prepared by multiple parties, including experts who were present at the hearing to defend their findings. The ISAvIND showed that the project was well below CEQA thresholds of significance.
3. The crematorium would not impact the historical character of the cemetery since it is being placed inside a modern metal shed within a modern area of the cemetery.
4. There are existing regional cemeteries included on historical resources lists in which modem crematoriums currently operate.
5. The crematorium would not significantly impact property values of the neighborhood as property values are dictated by current market values in real estate.
6. There are no industrially zoned areas in Folsom that have a neighborhood more than 500 feet from the property, so alternative industrially-zoned locations would not result in fewer impacts to residences.
Citv Staff Response
Reasoning Behind Commission Findings for Denial
In the finding for denial, the Historic District Commission stated that the introduction of the crematory use will impact the historical character of the existing cemetery and historical use of the area and would therefore be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the city. In their deliberations, the Commission cited the letters received from the Cemetery Advisory Commission which stated that the crematorium would be inappropriate near the surrounding cultural resources of historic importance and could threaten the nomination of the Young Wo Cemetery and adversely affect the historic features and burials of those buried nearby. While the Historic District Commission discussed factors related to air quality, property values, and fire hazards,the finding they made was related specifically to the historical character of the cemetery and area, including the historical nature of the Young Wo Cemetery and the people who are buried there.
Staff s Recommendation for HDC Approval
As explained in the February 2022HDC staff report, the analysis in the IS/N4ND did result in a staff recommendation for HDC approval of the project. To approve the project, the Historic District Commission had to find that the project WOULD NOT be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the 9 Page 197
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neighborhood or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. However, after considering the staff report, IS/MND, public comments and comments from the Cemetery Advisory Commission, the Historic District Commission determined that the project WOULD (as noted in the analysis above), be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the city due to the introduction of the crematory use impacting the historical character of the existing cemetery and historical use of the area.
Impacts to the Historical Character of the Cemetery
During the Historic District Commission's questions to staff and consultants, Lisa Westwood with Ecorp Consulting stated that if a crematorium were to be placed on the cemetery grounds, the existing metal building within the modern maintenance areawould be the best location for a crematorium on the project site. Furtheffnore, the Cultural and Tribal Resources section of the ISAvIND found that there would be a less than significant impact with standard mitigation related to the unanticipated discovery of archeological or paleontological resources during construction based on the analysis provided in Ecorp's Cultural Resources Inventory Report.
However, the letters sent by the Cemetery Advisory Commission stated that the crematorium would be inappropriate near the surrounding cultural resources of historic importance and could threaten the nomination of the Young Wo Cemetery and adversely affect the historic features and burials ofthose buried nearby. Ultimately, the Historic District Commission voted to deny the Conditional Use Permit because the Commission found that introduction of a crematorium would impact the historical character of the existing cemetery and historical use of the area.
Other Historic Cemeteries with Crematoriums
Staff coordinated with SMAQMD to identifu all crematoriums operating in Sacramento County. While there are five cemeteries in Sacramento County with operational crematoriums, staff did not identifu any of these cemeteries as being on a cultural or historical resources list.
Impacts to Property Values
Several members of the Preserve/Lake Natoma Shores community expressed concern that the crematorium would negatively impact the property values of their homes. While the Historic District Commission discussed potential impacts to property values, the finding for denial was based the introduction of the crematory use negatively impacting the historical character of the existing cemetery and historical use of the area.
Industrial Properties Adjacent to Residential Uses
Staff researched industrial properties located within the city in relation to their proximity to residential uses. Staff found that, of the properties within the city zoned M-l and M-2, four areas (Lake Forest Technical Center, Kikkoman property, 250 Outcropping Way, and 600 Coolidge Drive) have either buildings or vacant property located over 600 feet from residential 10Page 198
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uses, though none of the properties currently on the real estate market consist of a building in scale with the small shed in which the applicant is proposing to operate the crematorium.
FINDING FOR DENIAL
Based on the foregoing, staff recommends that the appeal be denied based on the following finding:
CONDITIONAL USE PERMIT F'INDING
A. THE USE APPLIED FOR IS DETRIMENTAL TO THE HEALTH, SAFETY, PEACE,
COMFORT, MORALS, OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, AND DETRIMENTAL OR INruRIOUS TO
PROPERTY AND IMPROVEMENTS IN THE NEIGHBORHOOD AND THE
GENERAL WELFARE OF THE CITY BECAUSE INTRODUCTION OF THIS USE
WLL IMPACT THE HISTORICAL CHARACTER OF THE EXISTING CEMETERY AND HISTORICAL USE OF THE AREA.
CONCLUSION
Based onthe information contained inthis report andthe Historic District Commission's denial of the Conditional Use Permit for the Lakeside Memorial Lawn Crematorium project (PN 19- 182) located at l20l Forrest Street, staff recommends denial of the appeal by Igor Semenyuk to overtum the Historic District Commission decision.
ATTACHMENTS
l. Letter of Appeal from Igor Semenyuk, dated February 22,2022, and Supplemental Appeal Reasoning, received March 11,2022
2. Historic District Commission Staff Report, dated February 16,2022
3. Public Comment Letters received after the February 16,2022 Historic District Commission Meeting
4. HELIX Topical Responses to IS/N{ND Comments
5. Draft Minutes from February 16,2022 Historic District Commission Meeting
6. Public Comment Letters Regarding the Applicant's Appeal 11Page 199
04/26/2022 Item No.8.
Submitted,
PAM JOHNS
Community Development Director
t2Page 200
04/26/2022 Item No.8.
Attachment 1
Letter of Appeal from Igor Semenyuk, dated
February 22,2022, Td Supplemental Appeal Reasoning,
receivedMarch 11,2022
04/26/2022 Item No.8.
CITY OF FOLSOM
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APPEAL FORM
NAME OF APPELLANT: g\f v.^<q l'.
MAILING ADDRESS: Ao+ $co1l Sr
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lnterest in Matter: Lz"\4J-l i l^ \.trw o.,i- [ L-... Crrcv't..l* Daytime Phone: 9tt - q'fd- bSoe
Action Being Appealed: Ofio^ vuc.> ,?rrF lse d
Date of Decision or Date Project was Heard: z t 1.,
Reason forAppeal: ?r'€cJ &.nltJ h, not- h.^':i' * t<-k a 4+t^ql arJ. < cr-| urc.\. ncr t- o.r.xl.'&s\ .-u\^t ^ a-r [,r.A.l t L .n-'l*l^
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s Signature Date
Date Received:
Planning Comm. or Historic District Comm.
Declsion Appeal
Type of ProjecUfee:
Owner le Family Dwelling $238
STAFF USE ONLY:
Fee Paid:
vqtq
Admin. (staff decision) Appeal
Type of Proiect/fee:
Owner Occupied $233
Other $468
AI
Tentative Hearing Date: Time Limit Waived:
Copies to: Communi$ Development Director
City Manager
City Attorney
City Clerk
Received by:
Appeal fees set by City Gouncil Resolution No. 10297 approved June 1 1,2019 Updated February 2022
T7
-vPage 202
04/26/2022 Item No.8.
To: Folsom City Council
Reason for Appeal of Historic District Commissioners Meeting held2lL6l2022 ln the interest of the project called Lakeside Memorial Lawn Crematorium the motion of the commissioners was denial, all but one- CommissionerJustin Raithel.
The Findings claimed for denialwas as follows:
- Detrimental to heatth and safety/ general welfare of neighborhood' - Detrimental to propertry value in neighborhood and city. - lmpacts historical character of cemetery and area.
The recommendation of the planning committee wasapproval of the crematorium. Afullscope Environmental Report was done with multiple experts. Experts were present in the meeting to defend their findings. The findings and data showed that the project was well below any thresholds of CA standards for health and safety. The crematorium would not impact any historical character of the cemetery as the project was being placed inside the modern metal shed in the modern area of the cemetery. lt does not significantly impact the property values of the neighborhood. That is dictated by current market values in real estate.
ln the meetin& a presentation was shown with funeral homes and cemeteries that are listed as historical cemeteries having and operatlng modern crematoriums in their facilities. All of the crematoriums shown are closer to residents, business and restaurants than the proposed crematorium at Lakeside Cemetery.
The data was not considered at all. Everything was drowned out by residents who just don't want it near their neighborhood. They want cremation services; they just want it done in other cities. There is no area in Folsom that is zoned industrialthat does not have a neighborhood within 500 feet of it. Folsom is growing. Cremation demand is growing. A crematory ls essentialto the growing demand. lf you can't place a crematory in a cemetery, then where can you?
The denlal was based on findings, yet when asked what those were, none could be provided. No data was provided to prove that it is detrimental to the health and safety, that it is detrimental to the property values and that it impacts any historical character. No matter what the experts data was, it was just dismissed with prejudice.
We implore you to reconslder the historic commission decislon on the crematory. A city is larger than just one neighborhood.
Thank you,
lgor Semenyuk
04/26/2022 Item No.8.
Attachment 2
Historic District Commission Staff Report
Dated February 16,2022
04/26/2022 Item No.8.
AGENDA ITEM NO. 1
Type: Public Hearing
Date: February 16,2022
F'(}[-ssh,g Pr!-lngfla: Bl illJnl
Historic District Gommission Staff Report
50 Natoma Street, Council Chambers
Folsom, CA 95630
Project:
File #:
Request:
Location:
Parcel(s):
Staff Gontact:
Property Owner
Name: Lakeside Memorial Lawn
Address: 1201 Forrest Street
Folsom CA 95630
Lakeside Memorial Lawn Crematorium Conditional Use Permit PN-19-182
Conditional Use Permit
12O1 Forrest Street
070-0260-001 -0000
Josh Kinkade, Associate Planner, 916-461-6209
jkin kade@folsom. ca. us
Applicant
Name: lgor Semenyuk
Address: 507 Scott Street
Folsom, CA 95630
Recommendation: Conduct a public hearing and upon conclusion recommend approval of a Conditional Use Permit to allow for a crematory to operate in an existing metal structure situated within the Lakeside Memorial Lawn cemetery located at 1201 Forrest Street (PN 19-182) subject to the findings included in this report (Findings A-K) and attached conditions of approval (Conditions 1-30).
Project Summary: The proposed project includes operation of a crematorium in an existing 1,}71-square foot metal structure within the Lakeside Memorial Lawn cemetery located at 1201 Forrest Street.
Table of Contents:
L Description/Analysis
2. Background
3. Proposed Conditions of Approval
4. Vicinity Map
5. Overall Site Plan, Detailed Site Plan and Floor Plan Dated 2-19-20
6. Hartwick Combustion Technologies Floor Plan, Outer Dimensions and Specs
7. Updated Site Plan with Current Layout of Maintenance Area
8. Applicant's Rendering of Proposed Crematorium Stack
9. Applicant's Narrative
10. Photographs of the Project Site
11. Draft lnitial Study/Mitigated Negative Declaration, Dated January 2022 City of Folsom Page 1
04/26/2022 Item No.8.
'rr,r'
r
AGENDA ITEM NO. 1
Type: Public Hearing
Date: February 16,2022
*lf r o I
FT}Lg(}n{
12.lmages of Crematoriums Adjacent to Residential Uses in the Region
13. Public Comments Received Prior to Staff Report Publication Submitted,
PAM JOHNS
Community Development Director
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
ATTACHMENT 1
DESCRIPTION/ANALYSIS
APPLICANT'S PROPOSAL
The applicant, lgor Semenyuk, is requesting approval of a Conditional Use Permit (PN 19-182) to operate a crematorium in an existing 1,}71-square foot metal structure within the Lakeside Memorial Lawn cemetery located al 1201 Forrest Street. The proposed project includes the installation of one HCT Apex-250 crematory (manufactured by Hartwick Combustion) within an existing metal structure. The roof of the structure would be cut open to accommodate this device, but the structure's footprint would not be expanded. ln addition, a 1O-foot-wide by '1S-foot-wide walk-in cooler would be installed inside the structure to provide temporary, short-term storage of human remains prior to cremation. Two 2S0-gallon propane tanks will be installed on a proposed concrete pad along the northern side of the structure to provide power for the crematorium, as no gas lines currently exist on the property. The concrete pad will cover approximately 38.3 square feet of ground. An exhaust stack will be installed on the roof of the metal structure (as shown in Attachment 6). The applicant proposes up to four cremations per day and expects that the total will not exceed 500 cremations per year. Ayerage cremation time is approximately 90 minutes. One to two employees would be present to operate the crematorium during the cremation process. Existing parking spaces would be utilized to accommodate employees and visitors. The Applicant's project description, which includes additional information related to the cremation process and other project-related details, is included as Attachment 9. Please refer to Attachment 5 for the proposed site plans and floor plan and Attachment 6 for the Hartwick Combustion Technologies Floor Plan, Outer Dimensions and Specifications.
POLICY/RULE
Section 17.52.550 of the Folsom Municipal Code (FMC) states that cemeteries are permitted in the Open SpaceiPublic Primary Area of the Historic District with a conditional use permit ("CUP'). The Folsom Municipal Code does not address crematoriums as a land use.
Section 17.52.360 of the FMC states that the Historic District Commission (HDC) shall have final authority relating to the issuance of Conditional Use Permits for any of the uses or purposes for which such permits are required or permitted by the terms of this title, within the boundaries of the Historic District.
Use Permits are governed by Chapter 17.60 of the FMC. Section 17.60.040 states that the findings of the Commission shall be that the establishment, maintenance or operation of the use applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of City of Folsom Page 3
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
the city
ANALYSIS
General Plan and Zoni no Consistencv
The General Plan land use designation for the project site is OS (Open Space) and the zoning designation for the project site is OS/P (Open Space/Public Primary Area of the Historic District) with an underlying zoning of OSC (Open Space Conservation District).
The zoning designation is consistent with the General Plan designation.
Cemeteries are a permitted use within the OS/P Primary Area upon approval of a Conditional Use Permit (CUP) per Section 17.52.550 of the FMC. The subject cemetery has been in operation since the 1800's and pre-dates the requirementfora CUP. The cemetery did receive a CUP for operation of a mausoleum in 1995. The proposed crematory would be operating as an accessory use to the existing cemetery, not as a stand-alone business.
Crematories are not specifically addressed in the Folsom Municipal Code. The Commission would then determine whether to approve the request for a CUP and impose appropriate conditions. lf not, then the proposed crematory would not be considered a permitted use, even with a CUP.
A primary or principal use is the main use to which premises are devoted and the primary purpose for which the premises exist. Primary uses may be permitted by right or may be conditional uses subject to a CUP. Accessory uses are structures or activities that are subordinate in area, extent, and purpose to the primary use; contribute to the comfort, convenience, or necessity of the principal use; and are located on the same lot and the same zoning district as the principal use. Home occupations are a typical example of an accessory use. By deflnition, an accessory use must be associated with a principal use and cannot be established on a property without a principal use. (Adam U. Lindgren & Steven T. Mattas, California Land Use Practice (2021) S 4.46, Primary and Accessory Uses.)
ln this case, the cemetery is the primary or principal use. The applicant proposes a crematorium as an accessory use to the existing cemetery. As proposed, the crematorium would be subordinate in area, extent, and purpose to that of the existing cemetery. lt would provide a service related to and supportive of the service already provided by the cemetery and mausoleum. lt would be located on the same lot and in the same zoning district as the principal use. lt would be owned and operated by the same people who own and operate the existing cemetery and mausoleum.
As a part of the work to analyze whether a crematory is appropriate as an accessory use City of Folsom Page 4
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to an existing cemetery, staff researched data available from the Sacramento Air Quality Management District regarding the locations of existing crematoriums within the county.
As described in more detail in the Land Use Compatibility/Site Considerations section of the report, staff found that 16 crematoriums are currently operating within Sacramento County, five of which are located within cemeteries (East Lawn Memorial Park, Sacramento Memorial Lawn, St. Mary Cemetery and Funeral Center, and Sunset Lawn Chapel of the Chimes in Sacramento, and Mount Vernon Memorial Park & Mortuary in Fair Oaks).
Public comment letters have stated that a crematory is not appropriate as an accessory use in this case for a variety of reasons. Upon review, staff reads the majority of those comments to raise concerns about the impacts of the proposed use. Many, if not most, of the impacts discussed in the public comment letters can be mitigated by imposing appropriate conditions on the project. For that reason, as well as the fact that the crematory is not proposed as a stand-alone business but as an accessory use to the existing cemetery, staff analyzed those comments through the lens of the CUP.
Based on the analysis described above, staff concluded that the crematorium, as proposed, is an appropriate accessory use to the existing cemetery.
Gonditional Use Permit
ln order to approve a request for a Conditional Use Permit, the Commission must find that the "establishment, maintenance, or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City" (FMC section
17.60.040).
ln evaluating the Conditional Use Permit, staff considered the proposed use and its compatibility with existing land uses in the area, as well as air quality impacts, cultural resources impacts, fire/life safety impacts, traffic/access/circulation/parking impacts, noise impacts, and visual impacts. Each of these subject matters are discussed in detail below and are further discussed in the Lakeside Memorial Lawn Crematorium lnitial Study/Mitigated Negative Declaration (|S/MND) provided in Attachment 11.
Should the Commission grant the proposed Lakeside Memorial Lawn Crematorium Conditional Use Permit, the CUP would be subject to ongoing review by the Community Development Department to ensure that it does not result in any adverse impacts to the community. Pursuant to FMC Section 17.60.050 ,
in any case where the conditions to the
granting of a use permit have not been, or are not, complied with, the Historic District Commission may revoke the permit after a public hearing on the matter. ln addition, if the Community Development Director finds evidence that conditions of approval for the City of Folsom Page 5
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Lakeside Memorial Lawn Crematory business have not been fulfilled or that the use has resulted in a substantial adverse effect on the health, and/or general welfare of users of adjacent or proximate property, or have a substantial adverse impact on public facilities or services or the general welfare of the City, the Director will refer the use permit to the Historic District Commission for review. lf, upon such review, the Historic District Commission finds that any of the above-stated results have occurred, the Commission may modify or revoke the Conditional Use Permit following a hearing on the matter.
Condition No. 4 is included to reflect this requirement.
Air Quality
As part of the CEQA documentation for the proposed project, an Air Quality and Greenhouse Gas Assessment was prepared by HELIX Environmental Planning, lnc., and is included in Attachment 11. Two daily cremations were analyzed under the original environmental document, an lnitial Study/Mitigated Negative Declaration (lS/MND) and the applicant later asked that the analysis show impacts for four cremations per day. As a result, HELIX also prepared an Addendum to the Folsom Lakeside Crematorium Project Air Quality and Greenhouse Gas Emissions Assessment, included in Appendix B of the lS/MND, that provides additional analysis regarding the air quality and greenhouse gas emissions assessment based on additional daily cremations. This analysis was incorporated into the lS/MND as well.
As a part of its environmental review, HELIX analyzed whether the proposed project will have or will potentially have a significant adverse impact on the environment, either individually or cumulatively with other projects. With respect to air quality, HELIX used the standard Environmental lnitial Study Checklist to consider four main questions:
a. Would the project conflict with or obstruct implementation of the applicable air quality plan?
b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? c. Would the project expose sensitive receptors to substantial pollutant concentrations?
d, Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Ultimately, Helix determined that the proposed project would have no impact with respect to question b and would have a less than significant impact with respect to questions a, c, and d. The following sections provide an overview of the analysis related to sensitive receptors, criteria pollutants, toxic air contaminants and odors as they relate to both construction and operation of the proposed project.
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Sensitive Receptors
ln general, some land uses are considered more sensitive to air pollution than others due to the types of population groups or activities involved and are referred to as sensitive receptors. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers.
The California Air Resources Board (CARB) and the Office of Environmental Health Hazard Assessment (OEHHA) have identified the following groups of individuals as the most likely to be affected by air pollution: people over 65 years old, children under 14 years old, infants (including in utero in the third trimester of pregnancy), and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis.
Residential areas are considered sensitive receptors to air pollution because residents (including children and people over 65) tend to be at home for extended periods of time, resulting in sustained exposure to any pollutants present. Children and infants are considered more susceptible to health effects of air pollution due to their immature immune systems, developing organs, and higher breathing rates. As such, schools are also considered sensitive receptors, as children are present for extended durations and engage in regular outdoor activities.
The closest existing sensitive receptors to the project site are multiple single-family residences adjacent to the cemetery to the north, between 450 and 750 feet from the proposed crematory location, and mobile homes across Folsom Boulevard to the east, approximately 700 feet from the proposed crematory location. The closest schools to the project site are the Folsom Montessori School approximately 3,200 feet (0.6 miles) to the northeast and the Golden Valley Charter River School. That school is located across Lake Natoma from the project site and, though it is approximately 2.7 miles away by car, its physical location is about 3,000 feet (just over one-half mile) northwest of the project site.
The nearest daycare is located 1,800 feet (0.3 miles) from the project site and the nearest hospital is located over 9,000 feet (1.8 miles) from the project site Criteria Pollutants
Ambient air quality is described in terms of compliance with state and national standards, and the levels of air pollutant concentrations considered safe, to protect the public health and welfare. These standards are designed to protect people most sensitive to respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. The U.S.
Environmental Protection Agency (USEPA), the federal agency that administrates the Federal Clean Air Act of 1970, as amended in 1990, has established national ambient air quality standards (NAAaS) for several air pollution constituents known as criteria pollutants, including: ozone (Os); carbon monoxide (CO); coarse particulate matter (PMro, particles 10 microns or less) and fine particulate matter (PMz.si particles 2.5 microns or less); sulfur dioxide (SOz); and lead (Pb).
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As permitted by the Clean Air Act, California has adopted the more stringent California ambient air quality standards (CAAOS) and expanded the number of regulated air constituents. Ground-level ozone is not emitted directly into the environment but is generated from complex chemical and photochemical reactions between precursor pollutants, primarily reactive organic gases (ROGs; also known as volatile organic compounds [VOC]), and oxides of nitrogen (NOx). PMro and PMz.s are generated from a variety of sources, including road dust, diesel exhaust, fuel combustion, tire and brake wear, construction operations and windblown dust. ln addition, PMro and PMz.s can also be formed through chemical and photochemical reactions of precursor pollutants in the atmosphere.
CARB is required to designate areas of the state as attainment, nonattainment, or unclassified for the ambient air quality standards. An "attainment" designation for an area signifies that pollutant concentrations do not violate the standard for that pollutant in that area. A "nonattainment" designation indicates that a pollutant concentration violated the standard at least once. An "unclassified" designation indicates that insufficient data was available to determine the status. Sacramento County is designated as being in nonattainment for the state and federal ozone standards, the state PMro standards, and the federal PMz.s standards.
The Sacramento Metropolitan Air Quality Management District (SMAQMD) is responsible for implementing emissions standards and other requirements of federal and state laws in Sacramento County. Attainment plans for meeting the federal air quality standards are incorporated into the State lmplementation Plan (SlP), which is subsequently submitted to the USEPA.
The current air quality plan applicable to the project, the Sacramento Regional 2008 NAAQS 8-Hour Ozone Attainment and Reasonable Further Progress P/an (Regional Ozone Plan), was developed by the SMAQMD and adjacent air districts to describe how the air districts in and near the Sacramento metropolitan area will continue the progress toward attaining state and national ozone air quality standards With respect to criteria pollutants, HELIX looked at whether the proposed project would conflict with or obstruct implementation of the Regional Ozone Plan or the SlP, either during construction or operation of the proposed project. HELIX also analyzed whether the proposed project would result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non-attainment under applicable California Ambient Air Quality Standards. Highlights from that analysis are included in the following paragraphs. The full analysis is contained in Attachment 11. Furthermore, Condition No. 16, requires compliance with the Regional Ozone Plan.
Construction (S Term) Emissions
Construction of the project would involve the use of a crane for several hours to unload the chiller and crematory from the truck, and the use of a mini excavator or skid steer loader for one day and one truck load of concrete to install a small pad for the two propane City of Folsom Page 8
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tanks.
Typically, projects that are 35 acres or less in size will not exceed the SMAQMD's construction NOx or PM thresholds of significance. Even so, all construction projects are required to implement the SMAQMD's Basic Construction Emission Control Practices (also known as Best Management Practices [BMPs]). The BMPs satisfy the requirements of SMAQMD's Rule 403, Fugitive Dust, which requires every reasonable precaution not to cause or allow the emissions of fugitive dust from being airborne beyond the property line from which the emission originates.
Reactive Organic Gas (ROG) emissions during construction are generally associated with the application of architectural coatings. The project does not propose any new structures, would not require substantial amounts of painting, and would not result in significant emissions of ROGs.
lf approved, the proposed project will be required to implement SMAQMD's BMPs and it will not result in significant emissions of ROGs. Therefore, construction of the project would not result in a cumulatively considerable net increase of any criteria pollutant and the proposed project's impact on implementation of the Regional Ozone Plan would be less than significant with implementation of Condition No. 16, which requires implementation of the SMAQMD's BMPs.
Operation (Lonq-Term) Emissions
The projectwould result in longterm operational emissions from two sources: (1) vehicles that drive to and from the project and (2) from operation of the crematory.
With respect to emissions from vehicles, because there are no crematories currently operating in Folsom, demand for cremation services is filled by transporting the deceased to facilities outside of the City. Therefore, operations of the project would not result in new vehicle trips (nor the associated emissions in the region). lnstead, the project would replace existing regional vehicle trips with shorter trips (and reduced associated emissions).
Operation of a propane-fired crematory would be considered a new stationary source of emissions. The project is subject to SMAQMD's Rule 201, General Permit Requirements, and Rule 202, New Source Review. Pursuant to these Rules, the project would be required to implement best available control technology (BACT) for the minimization of emissions.
BACT for crematories is incorporated into the product design in the form of controls which ensure maintenance of the correct temperatures and cycle times, and a secondary combustion chamber which ensures oxygenation and complete combustions of all fuels.
As shown in Table 4 of the IS/MND included in Attachment 11 and Table 1 of the Air Quality Addendum memo included in Appendix B of the lS/MND, the project's operational City of Folsom Page 9
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emissions of criteria pollutants and precursors would not exceed the SMAQMD daily or annual thresholds. Therefore, the project's operational emissions would not result in a cumulatively considerable net increase of any criteria pollutant and impacts from operation of the crematory on implementation of the Regional Ozone Plan would be less than significant.
Toxic Air Contaminants
Toxic air contaminants (TACs) are a diverse group of air pollutants that may cause or contribute to an increase in deaths or in serious illness or that may pose a present or potential hazard to human health. TACs can cause long-term chronic health effects such as cancer, birth defects, neurological damage, asthma, bronchitis, or genetic damage, or short-term acute effects such as eye watering, respiratory irritation (a cough), runny nose, throat pain, and headaches. TACs are considered either carcinogenic or noncarcinogenic based on the nature of the health etfects associated with exposure to the pollutant. For carcinogenic TACs, there is no level of exposure that is cortsidered safe and impacts are evaluated in terms of overall relative risk expressed as excess cancer cases per one million exposed individuals. Noncarcinogenic TACs differ in that there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occur. These levels are determined on a pollutant-by-pollutant basis.
Crematories are a potential source of TACs as a result of trace metals and organic compounds that accumulate in the body throughout a person's life and are released during combustion of human remains, and as a result of trace organic compounds that are formed in the combustion process. These TACs include: metals and inorganics (i.e., arsenic, beryllium, cadmium, chromium, copper, hydrogen fluoride, lead, mercury, nickel, selenium, zinc); VOCs (i.e., benzene, toluene, xylenes, vinyl chloride); aldehydes (i.e., acetaldehyde, formaldehyde); polyaromatic hydrocarbons (PAHs); polychlorinated dibenzodioxins (dioxins; PCDD); and polychlorinated dibenzofurans (furans; PCD).
Prolonged exposure to significant concentrations of these TACS can result in a variety of adverse health effects including cancers, chronic conditions, and/or acute conditions, depending on the substance and level of exposure. Based on the results of the Health Risk Assessment (HRA) included in Attachment 11, hexavalent chromium and mercury are the primary drivers of the health risks from crematory emissions because the health risks from crematory emissions of these substances are one or more orders of magnitude greater than the health risks from other TACs in crematory emissions.
Health risks associated with cancer from development projects are estimated using the incremental excess cancer risk expressed as cancer cases per one million exposed individuals. The incremental excess cancer risk is an estimate of the chance a person exposed to specific sources of a TACs may have of developing cancer from that exposure beyond the individual's risk of developing cancer from existing background levels of pollutants in the ambient air. For context, the average cancer risk from TACs in the ambient air for an individual living in an urban area of California is 830 in 1 million. Cancer risk estimates do not mean, and should not be interpreted to mean, that a person will develop cancer from estimated exposures to toxic air pollutants.
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The maximum estimated community incrementalexcess cancer, chronic and acute health risks due to exposure to the project TAC emissions from long term operation of the proposed crematory are presented in Table 5 of the attached IS/MND. These estimates are conservative (health protective) and assume that the resident or worker is outdoors for the entire exposure period. This table shows that the maximum incremental increased cancer risks and maximum non-cancer chronic and acute hazard index due to exposure to TACs from long-term operation of the proposed crematory would not exceed the SMAQMD thresholds. Therefore, operation of the project would not result in the exposure of sensitive receptors to substantial TAC concentrations and the impact would be less than significant.
The Addendum to the lS/MND clarifies that regardless of whether the applicant performs two or four cremations daily, the Health Risk Assessment remains accurate, as it was based on the maximum hourly emissions rate and the average annual emissions generated by project operations, not the number of cremations performed daily. The hourly cremation rate would not change because there is only one cremation machine proposed as a part of this project. The annual emissions generated by the project also would not change with an increase from two to four cremations per day because the applicant has not requested modification to their request for up to 500 cremations per year. To ensure that the numbers in the HRA remain accurate, staff has added Condition No. 13 stating that no more than four cremations may be performed each and that no more than 500 cremations may be performed each year.
ln addition, the proposed crematory is considered a combustion source requiring an authority to construct permit to operate (A/C, PTO) from SMAQMD before it can be installed and operated. Staff has provided Condition No. 16, which statesthata building permit will not be issued until an A/C, PTO has been obtained from SMAQMD. SMAQMD has stated that the applicant will be required to provide analysis to ensure the crematory will meet all air district rules/regulations and significance thresholds during the air district's A/C, PTO application and review process. ln the event the air district's refined health risk assessment analysis shows that cancer risk or hazard index numbers exceed the significance thresholds noted, further restrictions to the crematorium would be required by SMAQMD before they would issue the A/C, PTO. As noted above, Condition No. 16 requires the proposed project to obtain and A/C, PTO from the air district before the City will issue a building permit, so neither construction nor operation of the proposed project can occur without the A/C, PTO.
Odors
ffre lSnrlruD prepared for the proposed project found that diesel equipment could generate diesel exhaust odors during construction activities. The generation of odors during the construction period would be temporary, intermittent, and dispersed within a short distance from the active work area. Once operational, potential odors from human remains prior to cremation would be minimized either by immediately processing remains City of Folsom Page '11
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or by temporarily storing remains in the proposed refrigeration chiller. Operation of the crematory would not be a significant source odors or other emissions due to the BACT features of the crematory, including process temperature and cycle time controls, as well as secondary combustion chambers which ensure the complete combustion of all solids, liquids, and gaseous fuels. Therefore, the project would not result in other emissions (such as those leading to odors).
Cultural, Archaeological, Paleontological and Historical/Tribal Resources Lakeside MemorialLawn cemetery is Folsom's only active historic cemetery, lt represents a combination of several old Folsom cemeteries, including the Masonic, Odd Fellows, Jewish, Citizen's, and Cook's cemeteries,
The existing metal structure was built in the 1990s and is located in a previously disturbed maintenance area. The project area itself is surrounded on the west and south by dredge mining tailings and the parcel is situated along a perennial watenruay. All mining operations in the immediate vicinity of the project site had ceased by 1962. Based on a Cultural Resources lnvestigation performed by PAR Environmental for the mausoleum project for Lakeside Memorial Lawn in 1995, these tailings were determined not eligible for inclusion in the National Register of Historic Places by the Office of Historic Preservation. The report also states that the tailings do not meet California Environmental Quality Act guidelines as an important resource and do not qualify for inclusion in the California Register of Historic Places.
ECORP Consulting prepared a Cultural Resources lnventory Report of the proposed project that included a record search, Native American tribal consultation and a pedestrian survey. The results of the ECORP record search for cultural resources and Native American Heritage Commission Sacred Lands File Coordination search failed to reveal the presence of Native American cultural resources in the project area.
ECORP's pedestrian survey revealed no precontact or historic resources. The project site itself is not in an area othenivise suspected to contain unknown archaeological resources.
The site survey and surveys of written records, historical maps and photographs, and outreach to groups with knowledge of the area's history all suggest that no known or previously unknown archaeological resources would be encountered or disturbed during construction. Ground disturbing activity would be limited to shallow ground clearing and site prep for the installation of a concrete pad to support two propane tanks. Still, the potential exists for inadvertent discovery of archaeological resources during project construction. The implementation of standard archaeological resource construction conditions (Condition 18-21) would ensure that potential impacts would be less than significant.
Though the project site is located on the property of the Lakeside Memorial Lawn Cemetery, no human remains are known to exist in the immediate vicinity of the project site. No evidence of potential human remains outside of marked graves was found in the project area during the cultural resources site survey by ECORP's archaeologist. Ground City of Folsom Page 12
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disturbing activity would be limited to shallow ground clearing and site prep for the installation of a concrete pad to support two propane tanks. However, there is always the possibility that subsurface construction activities associated with the proposed project, specifically the preparation of the site forthe smallconcrete pad, could potentially damage or destroy previously undiscovered human remains. However, if human remains were discovered, implementation of Condition No. 20 would reduce this potential impact to a less than significant level.
The ethnographic information reviewed for the project, including ethnographic maps, does not identify any villages, occupational areas, or resource procurement locations in or around the current project area. In addition, the Sacred Lands File failed to identity any sacred lands or tribal resources in or near the project area. The cultural resources survey did not reveal any Native American archaeological sites within or adjacent to the proposed project area. As stated in the attached IS/MND document, the City performed AB-52 consultation with three local Native American tribes that have previously submitted general request letters: Wilton Rancheria, the lone Board of Miwok lndians and the United Auburn lndian Community. The purpose of consultation is to identify Tribal Cultural Resources (TCR) that may be significantly impacted by the proposed project and to allow the City to avoid or mitigate significant impacts prior to project approval and implementation. No specific TCRs were identified on the project site as a result of this consultation. ln case of unanticipated discovery of tribal cultural resources, staff has incorporated Condition No. 21 (as described above). lmplementation of this condition would ensure that there would not be a significant impact on tribal cultural resources.
Fire/Life Safety
The proposed project proposes to locate two 25O-gallon propane tanks immediately adjacent to the existing metal structure in which the crematorium is proposed. Propane is considered a hazardous material in that is extremely flammable and may cause burns, irritations, and/or asphyxiation if humans come into direct contact with significant quantities of it. Federal and state laws include provisions for the safe handling of hazardous substances. The federal Occupational Safety and Health Administration (OSHA) administers requirements to ensure worker safety. Construction activity must also be in compliance with California OSHA regulations. Further, significant damage to the tanks, failure of safety mechanisms, and/or th€ presence of an ignition source may make the tanks an explosion hazard. However, the tanks would be secured in place on a concrete pad, marked conspicuously, and placed in an area at low risk of impact from any vehicle or piece of equipment. They would not be located in an area of the cemetery frequented by the public. All installation, maintenance, and operations would be done by trained individuals in accordance with the manufacturer's recommendations and state regulations. The tanks would be regularly inspected to ensure soundness and proper function. Delivery of propane and filling of the tanks would be done only by licensed professionals following all applicable regulations and best practices. Furthermore, the Folsom Fire Department has reviewed the proposed site plan and has provided Condition No. 26 which requires the propane tanks to be a minimum of 10 feet from the metal structure in which the cremations would occur.
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Fire Station 35 is the nearest station to the project site and is located approximately 1.5 miles east of the project site. The project site is easily accessible to fire service personnel.
Consistent with the City's Multi-Hazard Emergency Management Plan, the City of Folsom maintains pre-designated emergency evacuation routes along major streets and thoroughfares. The proposed project would not modity any pre-designated emergency evacuation route or preclude their continued use as an emergency evacuation route.
Emergency vehicle access would be maintained throughout the project site to meet the Fire Department standards for fire engine maneuvering, location of fire engine to fight a fire, rescue access to the units, and fire hose access to all sides of the building.
The project is not located in or near a State Responsibility Area or in a Very High Fire Hazard Severity Zone. Vegetation on the property is irrigated and includes maintained lawns and well-spaced trees with a generally open canopy and limbs pruned near ground level. The project site is located in an urbanized area in the City of Folsom and is provided urban levels of fire protection by the City. Landscaping on the property is well-irrigated, well-spaced, trimmed, pruned, and generally maintained. To the north of the site is a residential neighborhood, to the east is gravel/rock cover and Folsom Boulevard, and to the south and west is a greenbelt that runs parallelto Lake Natoma on a north/south axis.
The natural spaces are small, with a relatively open and discontinuous canopy. The project is not likely to cause any ignition, given that the crematory will not emit sparks, and any ignition caused by other factors could be quickly controlled by the City of Folsom Fire Department and would not spread great distances given the land use and vegetation surrounding and occupying the site.
As an existing facility, Lakeside Memorial Lawn maintains adequate fire response infrastructure for both current operations and the proposed project. The City of Folsom Fire Department reviewed the project application and did not raise any concerns regarding the adequacy of water supply or site access. The Fire Department also provided Condition No. 24, which requires a fire alarm/detection system if sprinklers are not provided, Condition No. 25, which requires on-site fire hydrants and mains capable of supplying the water flow for fires and Condition No. 26, which requires that combustible materials, trash, weeds and brush are not stored or located within 10 feet of the propane tanks. Furthermore, Condition No. 27 states that a trained operator must be present at all times that the crematorium machine is in operation. Therefore, with these conditions, the proposed project would not expose people or structures to a significant risk of loss due to wildland fires.
Traffic, Access, Circulation and Parking
The project site can be accessed from either northbound or southbound on Folsom Boulevard or from westbound Natoma Street approaching this intersection with Folsom Boulevard. The site would be accessed by proceeding a very short distance west on Forrest Streetto reach the entry gate to the cemetery and turning left onto Mormon Street.
Diagonal parking spaces can be found along both sides of Mormon Street. At the terminus City of Folsom Page 14
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of Mormon Street, members of the public may continue straight onto a main cemetery access road to find an additional parking lot. All existing parking spaces would be maintained. Access to the project site directly would continue to be provided by a smaller existing access road located at the southwestern terminus of Mormon Street. Both the smaller access road and the main access road can be reached at the terminus of Mormon Street, but the two roads do not form a continuous loop because of a fence line separating them. No new parking spaces or parking facilities would be constructed.
As the crematorium would not be located in or near a funeral home and would be separate from any funeral services or public gatherings provided by the project applicant, access would only need to accommodate a small number of people at the site. There are a total of 92 parking spaces in the cemetery with room for 23 additional parking spaces during large events. The applicant has seen an average of 12 to 15 visitors to the cemetery on an average day. The maximum number of visitors under the proposed project conditions would be during large funeral services at the site. However, the 921 parking spaces and overflow parking available on-site are designed accommodate such services.
The City of Folsom identifies most major streets in the City as emergency evacuation routes. The proposed project would not modify any major street and/or preclude their continued use as an emergency evacuation route. The project does not propose any alterations to any access roads, rights-of-way or other routes, and would not increase traffic to a point that additional risk on existing routes would be incurred. Emergency vehicle access would be maintained throughout the project site to meet the Fire Department standards for fire engine maneuvering, location of fire engine to fight a fire, rescue access, and fire hose access to all sides of the building.
Noise
Development of the crematory facility will temporarily increase noise levels in the project vicinity during the construction period. Construction activities, including site work and construction, would be considered an intermittent noise impact throughout the construction period of the project. The City's Noise Ordinance excludes construction activities from meeting the General Plan Noise Element standards, provided that all phases of construction are limited to the hours between 7:00 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 5:00 p.m. on Saturdays. To ensure compliance with the City's Noise Control Ordinance and General Plan Noise Element, staff recommends that hours of construction operation be limited from 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays with no construction permitted on Sundays or holidays. Condition No. 12 is included to reflect these requirements.
Visual lmpacts
The project site is currently a small cemetery, with associated landscaping, outbuildings, and access roads. Lands to the south and west contain woodland habitat typical of riparian communities in the Sierra Nevada foothills. Soils at the project site are comprised of dredge tailings and other fill material. Tailing piles between the site and Folsom Boulevard prevent the site from being visible from that street. To the west is also the City of Folsom Page 15
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
Jedidiah Smith Memorial Trailthat runs along the eastern shore of Lake Natoma. To the north is a small residential neighborhood with single family dwellings (The Preserve/Lake Natoma Shores). Folsom Boulevard runs in a north/south line just east of the property.
East of Folsom Boulevard is a large, developed area containing single family homes, apaftment complexes, a mobile home park, and some small businesses. The more regional setting is primarily characterized by residential development with a commercial shopping center to the east.
The project would be located in an existing metal structure on the grounds of the Lakeside Memorial Lawn Cemetery. The structure would be modified with an exhaust stack added to the roof to accommodate the crematorium, but its footprintwould not be expanded. The height of the stack is determined during the SMAQMD permitting process in order to meet their air quality standards. Based on initial consultation with SMAQMD, the stack would most likely be located approximately 19.5 feet above grade and would project up to 10 feet above the existing roof of the structure. The crematory would be placed in the northwest corner of the structure. Two 2S0-gallon propane tanks would be installed on a proposed concrete pad along the northern side of the structure to provide power for the crematorium, as no gas lines currently exist. An existing wooden fence would shield these tanks from view from the publicly used areas of the cemetery.
Existing landscaping at the cemetery and around the metal structure consists of mature broad-leaved, coniferous, and palm trees. These trees also provide shade for much of the cemetery and many of the parking spaces. An irrigated lawn surrounds the existing cemetery plots and a smaller lawn surrounds the rear of the structure (i.e., the non-service entrance side). Native oaklgray pine woodland habitat exists surrounding the cemetery.
No new landscaping installation or modification is proposed. Native habitat in the vicinity of the project would not be disturbed.
An existing brick and wrought iron fence marks the edge of the cemetery from the Forrest Street side, but does not extend the length of Mormon Street. A wooden fence currently separates the front side of the metal structure (facing the access road) from the back side and extends both north and south of the structure. The fencing south of the structure further extends to block the access road and restrict access between the lawn to the west of the structure and the access road to the east of the structure. No changes to fencing are proposed as part of this action. The access side of the structure that would be used for crematory operations is shielded from view from the rest of the cemetery by wooden fencing. A gravel berm shields views of the structure from the east, including from Folsom Boulevard.
Neither the project site nor the surrounding areas are scenic vistas due to the presence of existing nearby commercial and residential developments. Further, neither the project site, nor views to or from the project site, have been designated as important scenic resources by the City of Folsom or any other public agency. Additionally, the site of proposed modifications is already largely shielded from public view and would remain so. lmages of the metal structure taken from the edge of the cemetery adjacent to the Lake City of Folsom Page 16
04/26/2022 Item No.8.
Historic District Comm ission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
Natoma Shores/Preserve subdivision are provided in Attachment 10. All human remains are transported to or from the crematorium fully shielding the deceased from public view with fully shielded gurneys. The vehicles back up inside the structures' doors to unload the gurney, similar to what is done at the applicant's Miller Funeral Home on the corner of Scott Street and Natoma Street. Given that external modifications would be very minor and that the building is already mostly shielded from view, statf does not anticipate a significant visual impact.
Land Use Gom patibility/Site Considerations
The project site consists of a small cemetery, with associated landscaping, outbuildings, and access roads. Lands to the south and west contain woodland habitat. Tailing piles between the site and Folsom Boulevard prevent the site from being visible from that street. To the west is also the Jedidiah Smith MemorialTrail, which is part of the American River Parkway. To the north of the project site is a residential neighborhood with singlefamily dwellings (Lake Natoma Shores/The Preserve). Folsom Boulevard runs in a northTsouth line just east of the property. East of Folsom Boulevard is a large, developed area containing single-family homes, apartment complexes, a mobile home park, and some small businesses. The more regional setting is primarily characterized by residential development with a commercial shopping center to the east.
Staff researched data available from the Sacramento Air Quality Management District regarding the locations of existing crematoriums within the county, their proximity to residential uses, complaints received by SMAQMD for these facilities, and actions taken against these facilities by SMAQMD. Staff found that 16 crematoriums are currently operating within Sacramento County, of which five were located within cemeteries (East Lawn Memorial Park, Sacramento Memorial Lawn, St. Mary Cemetery and Funeral Center, and Sunset Lawn Chapel of the Chimes in Sacramento and Mount Vernon Memorial Park & Mortuary in Fair Oaks). Nine of the crematoriums were within 1 ,100 feet of residential uses, as shown in the table on the following page. lmages of these facilities are provided in Attachmenl 12. Note that the closest residence to the proposed crematorium is 450 feet from the building.
City of Folsom Page 17
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn crematorium conditional Use Permit (PN 19-182) February 16,2022
TABLE 1: GREMATORIUMS lN SACRAMENTO COUNTY LOCATED WITHIN 1,100
FEET OF RESIDENTIAL LAND USES
Name of Facility Address Distance to
Residential Uses
East Lawn Memorial
Park
4300 Folsom Blvd. Sacramento 525 ft.
Sacramento Memorial
Lawn
6100 Stockton Blvd. Sacramento 1 ,100 ft.
St. Mary Cemetery and
Funeral Center
6509 Fruitridge Rd. Sacramento 275ft.
Sunset Lawn Chapel of
the Chimes
4701 Marysville Rd. Sacramento 600 ft.
Mount Vernon Memorial
Park & Mortuary
8201 Greenback Ln. Fair Oaks 175 ft
Everqreen Memorial 3030 Fruitridge Rd. Sacramento 90 ft.
North Sacramento
Funeral Home
725 El Camino Ave. Sacramento 100ft.
Pet Loss Services of
North America
4601 Pell Dr. Sacramento 650 ft.
Sierra View Funeral
Chapel & Crematory
6201 Fair Oaks Blvd. Carmichael 150 ft.
All crematoriums in Sacramento County are subject to additional permitting and regular inspections by SMAQMD, who investigates all public complaints about the facilities and fines all faciliiies for any violations. Three of the facilities listed in the above table have been issued violations from SMAQMD, for a total of 17 violations. Of these violations, four were discharge related. The last discharge-related violation issued by SMAQMD at one of these faciliiies was in 2010. Five of the facilities listed above have been the subject of public complaints. SMAQMD has received a total of 26 public complaints regarding five of these facilities since 1992. Of these complaints, eight have been received since 2010, predominantly regarding odor and smoke. SMAQMD requires recordkeeping and reporting of all cremations and has the right to inspect cremation facilities at any time' The applicant has also stated that they currently operate two crematoriums in the region, the Lakeside ColonialChapel in Marysville and the Chapel of the Twin Cities in Yuba City, both directly adjacent to residential uses. Given that the proposed project is located 450 to 750 feet away from the nearest sensitive receptors (residences), this is consistent with the location of other crematoriums located in residential areas of Sacramento County as well as the regional crematoriums operated by the applicant.
Based on the analysis presented in the attached staff report and attached IS/MND, staff concluded that there would be a less than significant impact to surrounding land uses with regards to air quality, fire/life safety, traffic, noise and aesthetics. As conditioned, the City of Folsom Page 1 8
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
crematorium would be subject to stringent air quality permitting and monitoring from SMAQMD. The crematorium is also subject to an annual unannounced inspection from the California Cemetery and Funeral Board. Furthermore, staff has provided Condition No. 10 which states that any intensification or expansion of the crematorium will require a subsequent Conditional Use Permit by the Historic District Commission and Condition No. 13 which states that no expansion in number of cremations per day or per year beyond what has been conditioned shall be permitted without prior apprgval being obtained from the Historic District Commission through a Conditional Use Permit. Any increase in air quality or noise impacts beyond what is described in this report is subject to either permit revocation or modification by the commission.
With these conditions in place, staff has concluded that the establishment, maintenance, and operation of the proposed use will be compatible with surrounding land uses and will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the city.
Public Outreach. Noticinq and Comments
Staff routed the initialdevelopment application to relevant localand state agencies. Based on comments received, staff has coordinated with SMAQMD to appropriately condition the project and ensure that the applicant goes through the required SMAQMD permitting process. No other public agencies provided comments. The application was also routed to the Sacramento County Cemetery Advisory Commission, the California Cemetery and Funeral Bureau and the Cremation Association of Northern California. Staff received no comments from these organ izations.
A public notice was placed in the Folsom Telegraph on January 6,2022, and notices were mailed to all property owners located within 300 feet of the project site and also to residents who filed written requests for notices, consistent with Government Code sections 65905, 65091, and 65094, as well as CEQA Guidelines sections 15072 and 15105. A public notice was also placed on the project site 30 days prior to the public hearing.
Staff received numerous public comments regarding the project in general and also the IS/MND prior to publication of this staff report. Most comments received were from residents of the Historic District (especially residents of the Lake Natoma Shores/Preserve subdivision) and the Chinese Historical Society of America in opposition to the project, with one letter from a resident expressing support for the project. Written comments received prior to publication of the staff report are included in Attachment 13.
Furthermore, the applicant held a phone meeting for nearby residents to listen to their concerns about the proposed project. lssues brought up in these comment letters and during the applicant meeting include:
City of Folsom Page 19
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
Air Quality Concerns
. Proximity to residential uses, places where children recreate and impacts to those with compromised lungs and other at-risk populations
. Air quality concerns related to particulate matter, CO2, TACs, NOx, and cremated bodies containing mercury from fillings, pacemakers, chemotherapy chemicals and radiation and SMAQMD/Sacramento County's oversight of these pollutants . Lack of analysis regarding cumulative air quality effects of the crematory with car fumes on Folsom Blvd.
Whether the crematory would be allowed to operate on days with poor air quality Whether wind would blow smoke into the adjacent neighborhoods Consistency with General Plan air quality goals, especially given that the property is in an existing non-attainment area
Accuracy of meteorological weather data used
Lack of methodology and citations used to justify statements in odor analysis Lack of analysis regarding the Schultz Eddy Phenomenon which causes air to be trapped in the Preserve neighborhood
o Need for additional air quality modelling due to varying air pollution patterns a
o
o
How filters inside smokestack are cleaned
Optimal operation of crematory facilities vs. reality
Lack of clarity regarding which agencies regulate and inspect crematories for air quality effects and how those agencies regulate emissions on days they are not testing them
Potential odors during cremation activities, especially on evenings when Code Enforcement staff cannot be present
Lack of maintenance cleanup procedures with regards to runoff, residue and dust Conclusions of the air quality analysis being related to an average healthy human rather than sensitive receptors such as children and the elderly Whether a rain cover is proposed on the exhaust stack
a
a
a
o
a
o
a
a
a
a
City of Folsom Page 20
04/26/2022 Item No.8.
Historic District Comm ission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
Traffic, Circulation, Parking, Wildfire and Life Safety Concerns Additional traffic in a busy neighborhood due to additional trips for witnessed cremations, propane delivery, and morgue delivery, both in the neighborhood and in the larger Historic District
Amount of people allowed to attend a witnessed cremation Emergency access to the structure in which the cremations are proposed and propane tanks in case of fire
lncreased air quality concerns when cremating bodies with excess weight Evacuation of residents in case of fire on narrow streets accessing many existing uses and frequent light rail crossing
Parking concerns during on-site funeral and witnessed cremation services Lack of analysis regarding cumulative traffic, circulation, and wildfire effects Whether a trained operator would always be on-site in case of malfunction Chances of a propane explosion near historic cemeteries, State parks, and residences
Whether there is room in the metal structure in which the crematorium is proposed for both maintenance equipment and crematory equipment
lnsufficient fencing and security measures at the site
Absence of design measures to create defensible space
Consistency with the Folsom Community Wildfire Protection Plan Whether the recently constructed storage shed was taken into account in the emergency access analysis
Greater evidence that the crematory machine will not produce particles that could ignite a fire
Documented feedback on the project from the Fire Department and California State Parks
o
a
o
a
a
o
a
a
a
a
a
a
a
a
a
a
City of Folsom Page2l
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
Quality of Life Concerns
Whether property values would go down as a result of having to disclose that there is a crematory nearby
a
Psychological effects of knowing that cremations are occurring close to residences Concerns over how much cremation noise would be discernable from the nearest residences and to visitors of the cemetery
Whether the smoke stack would be visible from nearby streets and residential yards (and lack of clarity on the height of the stack)
Whether bodies to be cremated would be transferred to the crematory facility in public view
lmpacts to those using nearby trails and recreational areas Whether there would be noise impacts when the crematory machine is running Cuttural, Archaeological, Paleontological and Historical/Tribal Resources Concerns
Potential presence of archeological and paleontological resources on-site Potential smoke impacts to nearby Chinese cemetery, Veteran's Hall, Murer House, and State Recreation Area
Consideration of the Chung Wah Cemetery being placed on the National Register and California Registry of Historic Places and Young Wo Chinese Cemetery being placed on the California Registry of Historic Points of lnterest and both cemeteries being placed on the Sacramento County Cemetery Commission's Registry of Pioneer Cemeteries
Cremation not being consistent with Chinese funerary customs and practice and not an integral part of Gold Rush pioneer cemetery customs The presence of the crematorium changing the character and historic significance of a pioneer cemetery
Historical accuracy of a crematory chimney
a
O
a
a
a
o
a
a
a
a
a
a
City of Folsom Page 22
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
Land Use Goncerns
. How a crematory could be allowed in an Open Space zone . Compatibility with the Open Space element of the General Plan . The use being more appropriate for an industrial or commercial zone . The M-2 zone being the only zone that calls out specific uses close to the crematory being allowed, such as pottery kilns and ceramic works . Lack of compatibility with an historic use in the historic district . lmpact of people who own cemetery plots and niches in Lakeside Memorial Lawn near the proposed crematory
General and Miscellaneous Goncerns
Public noticing and agency noticing irregularities
Whether the City Council should be hearing the project rather than the HDC Whether a design review application is warranted
Public outreach from the applicant
City delays in publishing documentation based on when application was submitted Legal standing of the ISiMND
The Commission's standards of guidance to issue a CUP
Number of cremations per day being proposed and allowed lssues with accuracy of applicant's provided scope of work Conflicting information about whether the crematorium will be accessible to members of the public or just employees
Whether sewer or bathroom facilities are available at the cremation site a
a
a
a
a
a
a
a
a
a
a
City of Folsom Page 23
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
The previous proposal for a crematory on this site being rejectediwithdrawn Historical easements to the Chung Wah cemetery
Location of property lines
a Lack of discussion of recommendations in the 2003 Crematory CUP Time limits and conditions on the 2003 Crematory CUP
Operation of the crematorium changing people's perception of spiritual worship in the Chung Wah and Young Wo cemeteries due to ash and smoke Necessity of the project given other crematories within the general vicinity Applicant starting fencing work and flatwork prior to a decision being made on the CUP
Future growth of the Corporation Yard land
a Whether there is a need for witnessed cremations
lmpacts related to potential increases in neighborhood resources lf heat from the exhaust stack would impact special status bird and bat species nesting nearby
The consideration of performing aquamation (liquid cremation) instead of standard cremations
Staff notes that the air quality, odor, traffic/circulation, parking, wildfire safety, cultural/ archaeological, paleontological and historical/tribal resources, noise and land use concerns have been addressed in the analysis sections of this staff report and the attached IS/MND. Noticing has been completed pursuant to Government Code sections 65905, 65091 , and 65094 as well as CEQA Guidelines sections 15072 and 15105, and the applicant has held a public outreach meeting as described above.
With regards to the previous proposal for a crematorium in 2003 that recommended denial, staff notes that the technology for crematorium machines has improved significantly since 2003 and based on the air quality assessment performed for the a
a
a
a
o
o
a
a
a
o
a
City of Folsom Page 24
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
project, staff concluded thatthe airquality impacts of the newly proposed crematorywould not result in the same impacts as the crematorium proposed in 2003. Furthermore, the Sacramento County Cemetery Commission that expressed concern over the 2003 project did not comment on the current project as proposed.
Finally, staff has concluded that concerns regarding consistency with the General Plan Air Quality and Open Space Goals and Policies and the Historic District Design and Development Guidelines, concerns regarding Chinese and Gold Rush customs, and concerns over a drop in property values will be adequately alleviated by the filtering and burning technology of the proposed crematory machinery as well as the required SMAQMD permitting and monitoring, the shielding of the facility from public view, and the conditions imposed on the proposed project as a part of the Conditional Use Permit, as described in this staff report. Particularly significant to staffs analysis, as detailed above, are the following facts: (1) the crematorium would be subject to stringent air quality permitting and monitoring from SMAQMD; and (2) any impacts beyond those described in this report are not permitted and, if they occur, will subject the applicant to either permit revocation or modification by the Commission.
ENVIRONMENTAL REVIEW
An lnitial Study and Mitigated Negative Declaration, and an associated Addendum, have been prepared for this project (Attachment 1 1). A detailed summary of the environmental analysis for this project is contained in other sections of this report, with a particular focus on Air Quality. A summary of the environmental analyses on the issues of cultural, archeological, paleontological, and historical/tribal resources; fire/life safety; traffic, access, circulation, and parking; noise; and visual impacts are also included above. Note that an addendum to the initial air quality analysis was also prepared, and has been included both in the final Air Quality section and Appendix B of the lSiMND.
A detailed description of the potential impacts is provided within the lnitial Study for this project, which is included as Attachment 11 to this report. As described above, the Mitigated Negative Declaration includes mitigation measures which, when implemented, will reduce the identified impacts to a less than significant level. These mitigation measures have been included as conditions of approval for this project. Staff points to Conditions 18 through 21 as particularly significant in this regard.
To date, several public comments were received during the Mitigated Negative Declaration public review period which started on January 7,2022 and ended on February 7,2022. Those public comments have been included in Attachment 13. HELIX Environmental will provide responses to those comments for the Public Hearing and on the City's website at the following link: https://www.folsom.ca.us/qovernment/communitvdevelopmenVplan n i nq-services/cu rrent-proiect-i nform ation City of Folsom Page 25
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
Pursuant to AB 52, before the release of the mitigated negative declaration for this project, the City began the process of consultation with any California Native American tribes traditionally and culturally affiliated with the geographic area of the proposed project. The consultation was concluded and no changes to the project were required as a result of the consultation process.
RECOMMENDATION
Based on the information included in this report, staff recommends finding that the proposed crematory is appropriate as an accessory use to the existing cemetery.
Staff also recommends approval of a Conditional Use Permit for the proposed project, based on the information included in this report and the environmental documents in Attachment 11.
HISTORIC DISTRICT COMMISSION ACTION
MOVE TO ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE LAKESIDE MEMORIAL LAWN CREMATORIUM, PER ATTACHMENT 11;
AND
MOVE TO FIND THAT THE PROPOSED CREMATORIUM IS APPROPRIATE AS AN ACCESSORY USE TO THE EXISTING CEMETERY;
AND
MOVE TO APPROVE THE CONDITIONAL USE PERMIT (PN 19-182) FOR OPERATION OF A CREMATORIUM WITHIN AN EXISTING 1,071-SQUARE FOOT METAL STRUCTURE LOCATED AT 1201 FORREST STREET, WITHIN THE LAKESIDE MEMORIAL LAWN CEMETERY AS ILLUSTRATED IN ATTACHMENTS 5 and 6, wtTH THE FOLLOWING FINDINGS (A-K) AND CONDITIONS (NOS. 1-30):
GENERAL FINDINGS
NOTICE OF HEARING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.
THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND THE ZONING CODE OF THE CITY.
CEQA FINDINGS
A
B
City of Folsom Page 26
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
c
D
A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED FOR THE PROJECT IN ACCORDANCE WITH CEQA.
PURSUANT TO AB 52, BEFORE RELEASE OF THE MITIGATED NEGATIVE
DECLARATION FOR THIS PROJECT, THE CITY CONTACTED ALL
CALIFORNIA NATIVE AMERICAN TRIBES ON THE CITY'S AB 52 CONTACT LIST IN ASSOCIATION WITH THIS PROJECT.
THE CITY RECEIVED ONE REQUEST FOR CONSULTATION FROM
CALIFORNIA NATIVE AMERICAN TRIBES AND CONSULTATION WAS
SUBSEQUENTLY CONCLUDED. NO CHANGES TO THE PROJECT WERE
REQUIRED AS A RESULT OF THE CONSULTATION.
THE HISTORIC DISTRICT COMMISSION HAS CONSIDERED THE INITIAL
STUDY, THE PROPOSED MITIGATED NEGATIVE DECLARATION AND ALL
COMMENTS RECEIVED DURING THE PUBLIC REVIEW PROCESS BEFORE MAKING A DECISION REGARDING THE PROJECT.
THE MITIGATED NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGMENT AND ANALYSIS OF THE CITY OF FOLSOM.
THE MITIGATED NEGATIVE DECLARATION HAS DETERMINED THAT THE
PROPOSED PROJECT WOULD NOT HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT WITH THE REQUIRED MITIGATION MEASURES AND THE CONDITIONS OF APPROVAL ON THE PROJECT.
ON THE BASIS OF THE WHOLE RECORD, THERE IS NO SUBSTANTIAL
EVIDENCE THAT THE PROJECT WILL HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT WITH THE REQUIRED MITIGATION MEASURES AND THE CONDITIONS OF APPROVAL ON THE PROJECT.
LAND USE COMPATIBILITY F INDING
J AS CONDITIONED, THE PROPOSED CREMATORY IS APPROPRIATE AS AN ACCESSORY USE TO THE EXISTING CEMETERY.
CONDITIONAL USE PERMIT FINDING
AS CONDITIONED, THE ESTABLISHMENT, MAINTENANCE AND OPERATION
OF THE USE APPLIED FOR WILL NOT, UNDER THE CIRCUMSTANCES OF
THIS PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY,
PEACE, MORALS, COMFORT, AND GENERAL WELFARE OF PERSONS
RESIDING OR WORKING IN THE NEIGHBORHOOD, OR BE DETRIMENTAL
OR INJURIOUS TO PROPERTY AND IMPROVEMENTS IN THE
E.
F
G
H
K.
City of Folsom Page 27
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
NEIGHBORHOOD OR TO THE GENERAL WELFARE OF THE CITY, AS THE
PROPOSED PROJECT WILL NOT HAVE NEGATIVE IMPACTS TO NEARBY COMMERCIAL OR RESIDENTIAL USES THAT HAVE NOT BEEN MITIGATED.
City of Folsom Page 28
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
ATTACHMENT 2
BACKGROUND
BACKGROUND
The Planning Commission approved a Use Permit and Variance for Mausoleums at Lakeside Memorial Lawn in 1991 (PC91-042). An amendment to the approval was granted in 1995 (PC95-033). That approval allowed for the construction of twelve mausoleums. To date, two mausoleums have been built. ln 2002, Lorin Claney applied for a Conditional Use Permit for a crematorium at the Lakeside Memorial Lawn (PN 02- 258). Staff routed the project for public review and prepared a staff report recommending denial of the project in 2003, but the applicant withdrew the application before Historic District Commission review. An existing maintenance building (where the crematorium is proposed), approximately 1,071 square feet in area, is located along the south border of the cemetery. The design review for a second 1,600-square-foot maintenance shed was approved by the Historic District Commissionin2020 (PN 20-160) and was subsequently constructed. The site plan associated with this approval showing both structures is provided in Attachment 7.
The applicant for the crematorium proposed in this staff report initially proposed that it be located in the Miller Funeral Home located at 507 Scott Street. Staff expressed initial concern with the crematorium being located directly adjacent to residences. The applicant also coordinated with SMAQMD to determine what measures would need to be taken to locate the crematory adjacent to residences and ultimately decided not to move fonruard with that location. The applicant then proposed to modify the application for cremations at the Miller Funeral Home to instead perform alkaline hydrolysis (liquid cremations) that would not employ any burning or produce emissions but instead would produce a liquid effluent that would be flushed down sewage pipes. While this method of cremation was approved in California in 2O17, City Environmental and Water Resources staff, in coordination with the Sacramento Regional County Sanitation District, did not have enough local examples of the impacts of these effluents to support this proposal. The applicant subsequently decided to move forward with a standard crematorium at the Lakeside Memorial Lawn. The proposed location in the existing metal structure is further away from sensitive receptors than the previous location at the Miller Funeral Home.
The front of the project site is mostly level with a slight to moderate downward slope towards the rear of the site. Lakeside Cemetery has a variety of mature deciduous and evergreen trees. The front of the cemetery, along Forrest Street, is bounded by a brick wall capped with wrought iron fencing. Photographs of the Lakeside Memorial Lawn are included here as Attachment 10. Both the Lakeside Cemetery (including the Odd Fellows and Mason's Cemeteries) and the adjacent Chung Wah Cemetery appear on the City of Folsom's Cultural Resources lnventory. The subject property is located in the Open Space/Public Primary Area of the Historic District, with an underlying zoning of OSC (Open Space and Conservation District).
City of Folsom Page 29
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
GENERAL PLAN DESIGNATION
ZONING
ADJACENT LAND USES/ZONING
SITE CHARACTERISTICS
APPLICABLE CODES
OS, Open Space
OS/P (Open Space/Public Primary Area),
underlying zoning of OSC (Open Space and
Conservation)
North: Lakeside Memorial Lawn Cemetery
(OS/P) with single-family residential
subdivision (Lake Natoma
Shores/The Preserve) beyond (PRE)
South: Vacant land with mine tailings (OSC)
East: Vacant land with mine tailings (OSC)
with Folsom Boulevard and Folsom
Village Mobile Homes beyond (NRB)
West: Lakeside Memorial Lawn Cemetery
(OS/P) with Folsom Lake State
Recreation Area (OSC) beyond
The 12.02-acre project site contains
mausoleums, gravesites, landscaping, a utility
building, mine tailings and a variety of mature
deciduous and evergreen trees. The project
site is generally flat, ranging from about 1751o
185 feet above mean sea level. There are no
wetlands, streams, or jurisdictional features
located on the project site.
FMC Chapter 15.52; HD, Historic District
FMC Section 17.52.550, Open Space/Public
Primary Area Special Use and Design
Standards
FMC Section 17.52.360, Conditional Use
Permit Review
FMC Chapter 17.60, Use Permits
City of Folsom Page 30
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
ATTAGHMENT 3
Proposed Gonditions of Approval
City of Folsom Page 31
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182)February 16,2022
CONDITIONS OF APPROVAL FOR
LAKESIDE MEMORIAL LAWN CREMATORIUM CONDITIONAL USE PERMIT (PN 19-182)
Responsible
Department
cD (B)
cD (B)cD (P)
cD (P)
When
Required
B
OG
OG
GENERAL REQUIREMENTS
lssuance of a Building Permit is required. The applicant shall submit final site andbuilding plans to the Community Development Department that substantially conform to the overall site plan, detailed site plan and floor plans dated February 19,2020, included in Attachment 5 and the Outer Dimensions dated August 27 ,202A, contained in Attachment 6. lmplementation of this project shall be consistent with the above referenced items as modified by these conditions of approval Compliance with all local,
and demolition is required
state and federal regulations pertaining to building construction This approval is for operation of a crematorium within an existing 1,071-square foot metal structure located at 1201Forrest Street, within the Lakeside Memorial Lawn cemetery.The applicant shall submit building plans that substantially comply with this approval andthe site plan and floor plan dated February 19,2020, included in Attachment 5 and the Outer Dimensions dated Auqust 27, 2020, contained in Attachment 6 lf the Community Development Director finds evidence that conditions of approval for the Lakeside Memorial Lawn Crematorium Conditional Use Permit have not been fulfilled or complied with, that the use has resulted in a substantial adverse effect on the health, and/or general welfare of users of adjacent or proximate property, or has a substantialadverse impact on public facilities or services, the Director will refer the use permit to the Historic District Commission for review. lf, upon such review, the Historic District Commission finds that any of the above-stated results have occurred, the Commission mav modifv or revoke the Conditional Use Permit.
Mitigation
Measure
Cond.
No.
1 2
t
4. City of Folsom Page 32
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182)February 16,2022 cD (P, B)
cD (PXEXB)
PW, PR, FD,
PD
DEVELOPMENT COSTS AND FEE REQUIREMENTS
cD (PXE)
B
OG
B
This project approval shall remain in effect for one year until February 16,2023. Failure to submit a complete application for the relevant building permits within this time period,without the subsequent extension of this approval, or failure to vest the Conditional Use Permit within the identified time frame prior to the expiration date and the applicant hasnot demonstrated substantial progress towards the development of the project, shallrender this approval null and void. The owner/applicant may file an application with the Community Development Department for a permit extension not less than 30 days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials pursuant to Chapter 17.60 of the Folsom Municipal Code.
The owner/applicant shall defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the Cityor any of its agencies, departments, commissions, agents, officers, employees, or legislative body concerning the project. The City will promptly notify the owner/applicant of any such claim, action or proceeding, and will cooperate fully in the defense. The City may, within its unlimited discretion, participate in the defense of any such claim, action orproceeding if both of the following occur:
The City bears its own attorney's fees and costs; andThe City defends the claim, action or proceeding in good faith The owner/applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the owner/applicant. a
The owner/applicant shall pay all applicable taxes, fees and charges at the rate and amount in effect at the time such taxes. fees and charqes become due and payable 5 6
7 City of Folsom Page 33
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
cD (PXE)
9 This project shall be subject to all City-wide development impact fees, unless exempt by previous agreement. This project shall be subject to all Citywide development impact fees in effect at such time that a building permit is issued. These fees may include, but are not limited to, fees for fire protection, park facilities, park equipment, Quimby, Humbug-Willow Creek Parkway, Light Rail, TSM, capitalfacilities and traffic impacts.
The 90-day protest period for allfees, dedications, reservations or other exactions imposed on this project has begun. The fees shall be calculated at the fee rate in effect B cD (PXE),
PW, PK
at the time of buildi it issuance
CONDITIONAL USE PERMIT UIREMENTS
10 Any intensification or expansion of the use approved and conditioned herein will require a subsequent Conditional Use Permit Modification by the Historic District Commission.
B, OG cD (P)
No ls are in this Conditional Use Permit exce as ided.
cD (P)cD (P)
cD (P)cD (P)
CD
AIR QUALITY REQUIREMENTS
B
OG
OGOG
OGOG
The City, at its sole discretion, may utilize the services of outside legal counsel to assist in the implementation of this project, including, but not limited to, drafting, reviewingand/or revising agreements and/or other documentation for the project. lf the City utilizes the services of such outside legal counsel, the applicant shall reimburse the City for all outside legalfees and costs incurred by the City for such services. The applicant may be required, at the sole discretion of the City Attorney, to submit a deposit to the City for these services prior to initiation of the services. The applicant shall be responsible for reimbursement to the City for the services regardless of whether a deposit is required Allconditions of the originalConditional Use Permit (PC91-042 as modified by PC 95- 033) are incorporated bv reference.Compliance with the City of Folsom's Noise Control Ordinance (Folsom Municipal CodeChapter 8.42) and General Plan Noise Element shall be required No more than four cremations shall occur per day and no more than 500 cremations shall be performed each year. No expansion in number of cremations per day or per year beyond what is stated above shall be permitted without prior approval being obtained from the Historic District Commission throug h a Conditional Use Permit Modification The building in which the crematorium is located shall remained locked at alltimes when a cremation is not occurring
This Conditional Use Permit shall be deemed revoked without further action by the Historic District Commission if the operation of the facility in the manner described in the Conditional Use Permit ceases for anv consecutive period of six (6) months. 8 11
t213
14.15 City of Folsom Page 34
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 1 9-182)February 16,2022 An authority B cD (P, B) to construct and permit to operate (A/C, PTO) shall be obtained from the Sacramento Metropolitan Air Quality Management District (SMAOMD) prior to thecommencement of equipment installation. As part of this process, SMAQMD willdetermine if the emissions from the propane combustion and toxic emissions meet applicable rules and Best Available ControlTechnology (BACT) requirements, as well as the NAAQS 8-Hour Ozone Attainment and Reasonable Further Progress Plan (Regional Ozone Plan). A building permit will not be issued until an A/C, PTO has been obtained.Compliance with the SMAQMD A/C, PTO and the maintenance of such permits in goodstanding are requirements for validity of this Conditional Use Permit and the failure to comply with such permits and/or to maintain such permits in good standing shall trigger the process described in Condition of Approval No. 4.
16 City of Folsom Page 35
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182)February 16,2022 The DC cD (E) following SMAQMD Basic Construction Emission Control Practices shall be implemented throughout construction activities:
a Allexposed surfaces shall be watered two times daily. Exposed surfaces include, but are not limited to soil piles, graded areas, unpaved parking areas, stagingareas, and access roads.Cover or maintain at least two feet of free board space on haul trucks transportingsoil, sand, or other loose material on the site. Any haultrucks that would be traveling along freeways or major roadways shall be covered.
Use wet power vacuum street sweepers to remove any visible trackout mud or dirt onto adjacent public roads at least once a day. Use of dry power sweeping is prohibited.Limit vehicle speeds on unpaved roads to 15 miles per hour.
All roadways, driveways, sidewalks, parking lots shall be paved as soon as possible. ln addition, building pads shall be laid as soon as possible after gradingunless seeding or soil binders are used.
Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes (as required by the state airborne toxics control measure [Title 13, Section 2485 of the California Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site.
Maintain all construction equipment in proper working condition according tomanufacturer's specifications. The equipment shall be checked by a certifiedmechanic and determine to be running in proper condition before it is operated. a
aa
aaa
l7
City of Folsom Page 36
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
Prior G, I,B cD (PXEXB) to the initiation of ground disturbing activity, a qualified professional archaeologist shall be retained to develop and deliver a contractor awareness training program toconstruction supervisors. The purpose of the training is to ensure that contractors are aware of the need to limit their activity, including equipment storage, staging, parking,and ground disturbance to only those locations identified as work areas on the officialsite plans.
Prior to the initiation of ground disturbing activity, a qualified professional archaeologist shall be retained to monitor the installation of temporary high-visibility exclusionary fencing along the toe of existing mine tailings features adjacent to the shed. The fencing shall remain in place until all project activities are completed. City inspectors shall include a verification of the fencing during all required inspections. ln the event that exclusionary fencing has failed, the construction supervisor must re-install or repair the fence within 24 hours.
CULTU ARCHA PALEONTOLOGICAL AND HISTORICAUTRIBAL RESOURCES REQUIREMENTS
18. City of Folsom Page 37
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182)February 16,2022 G, I,B cD (PXEXB) lf subsurface deposits believed to be cultural in origin are discovered during construction, all work must halt within a SO-foot radius of the discovery. A qualified professionalarchaeologist, meeting the Secretary of the lnterior's Professional QualificationStandards for pre-contact and historic archaeologist, shall be retained to evaluate thesignificance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgment. The following notifications shall apply, depending on the nature of the find: . lf the professional archaeologist determines that the find does not represent a cultural resource, work may resume immediately, and no agency notifications are required.
lf the professional archaeologist determines that the find does represent a culturalresource from any time period or cultural affiliation, he or she shall immediatelynotify the City to consult on a finding of eligibility and implement appropriate treatment measures, if the find is determined to be a Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines or a historic property under Section 106 NHPA, if applicable. Work may not resume within the no-work radius untilthe City, through consultation as appropriate, determines that the site either: 1) is not an Historical Resource under CEQA, as defined in Section 15064.5(a) of the CEQA Guidelines; or 2) that the treatment measures have been completed to its satisfaction.
a
19 City of Folsom Page 38
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
G l, B cD (PXEXB) lf subsurface deposits believed to be cultural or human in origin are discovered during construction,.all work must halt within a 5O-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the lnterior's Professional Qualification Standards for pre-contact and historic archaeologist, shall be retained toevaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professionaljudgment. The following notifications shall apply, depending on the nature of the find:
lf the find includes human remains, or remains that are potentially human, he or she shall ensure reasonable protection measures are taken to protect thediscovery from disturbance (AB 2641). The archaeologist shall notify the Sacramento County Coroner (per $7050.5 of the Health and Safety Code). The provisions of $7050.5 of the California Health and Safety Code, 55097.98 of theCalifornia PRC, and Assembly Bill2641 will be implemented. lf the Coronerdetermines the remains are Native American and not the result of a crime scene, the Coroner will notify the NAHC, which then will designate a Native American Most Likely Descendant (MLD) for the project (55097.98 of the PRC). The designated MLD will have 48 hours from the time access to the property isgranted to make recommendations concerning treatment of the remains. lf the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (55097.94 of the PRC). lf no agreement is reached, the landowner mustrebury the remains where they will not be further disturbed (55097.98 of the PRC). This will also include either recording the site with the NAHC or the appropriate lnformation Center; using an open space or conservation zoning designation or easement; or recording a reinternment document with the county in which the property is located ( B 2641). lf the Coroner determines that theremains are human but are not Native American, then the Coroner will direct subsequent steps to address the discovery. Work may not resume within the nowork radius untilthe City, through consultation as appropriate, determines thatthe treatment measures have been completed to its satisfaction 20 City of Folsom Page 39
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182)February 16,2022 cD (PXE)(B)
22. lf any archaeological, cultural, or historical resources or artifacts, or other features are discovered during the course of construction anywhere on the project site, work shall be suspended in that location until a qualified professional archaeologist assesses thesignificance of the discovery and provides consultation with the Folsom HistoricalSociety, City staff, and the Heritage Preservation League. Appropriate mitigation as recommended by the archaeologist and the Historical Society representative shall be implemented. lf agreement cannot be met, the Historic District Commission shall G, I,B cD (PXEXB)
determine the mentation method.
FIRE AND LIFE SAFETY MENTS
23 Current occupancy loads shall be posted at alltimes, and the owner/applicant shall have an effective system to keep count of the number of occupants present at any given time.
OG cD (F)
This information shall be to nel n
cD (F)
G, I,B
o
lf potentially significant Tribal Cultural Resources (TCRs) are discovered during ground disturbing construction activities, all work shall cease within 50 feet of the find. A NativeAmerican Representative from traditionally and culturally affiliated Native AmericanTribes that requested consultation on the project shall be immediately contacted and invited to assess the significance of the find and make recommendations for further evaluation and treatment, as necessary. lf deemed necessary by the City, a qualifiedcultural resources specialist meeting the Secretary of lnterior's Standards and Qualifications for Archaeology, may also assess the significance of the find in jointconsultation with Native American Representatives to ensure that Tribal values areconsidered. Work at the discovery location cannot resume untilthe City, in consultation as appropriate and in good faith, determines that the discovery is either not a TCR, or has been subjected to culturally appropriate treatment, if avoidance and preservation cannot be accommodated.
The building in which the crematorium is located shall be provided with an approved monitored fire alarm/detection system when the building is not protected by an automatic sorinkler svstem in accordance with the Folsom Municipal Code Section 907.9.1. 2l
24. City of Folsom Page 40
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182)February 16,2022 cD(F)
cD (F)
cD (P)
OTHER AGENCY REQUIREMENTS
o
o
o
On-site fire hydrants and mains capable of supplying the fire flow shall be provided inaccordance with the 2019 California Fire Code (CFC) Section 507 Fire Protection Water Supplies: An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions ofbuildings are hereby constructed or moved into or within the jurisdiction, including the structure where cremations are proposed as a part of this project. Where a portion of a facility or building constructed 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 capable of supplying the fire flow shall be orovided where required bv the fire code official. CFC 507 lnstallation of the propane tanks shall comply with the following:
a. There shall be no more than two propane tanks with capacities of no more than 250 gallons each.
b. The installation shall conform to 2019 CFC, Chapter 61, and 2014 National Fire Protection Association (NFPA) Standard 58. c. The container installation shall conform to Sec. 6.6.3, NFPA 58, which requires a minimum 1O-foot separation distance between the 25O-gallonpropane tanks and the building in which the crematorium is located. d. Piping shall be installed per Section 6.9, NFPA 58, and tested per Section
6.14. e. Combustible materials, trash, weeds and brush shall not be stored or located within 10 feet of the propane tanks. CFC 6107.3 & NFPA 58:
6.4.4.3 f. lf the point of transfers for the propane tanks are not located at the tanks, they shall be located in accordance with NFPA 58: Table 6.5.2.1. g. Support of the propane tanks shall comply with NFPA 58: 6.3.3(A) through
6.3.3(D). h. Steel supports shall be protected against fire exposure with materials having a fire resistance rating of at least 2 hours if the height limits specified in NFPA 58: Table 6.3.3(A) are exceeded
A trained operator shall remain on-site at alltimes that the crematorium machine is in operation
25 26.
27 City of Folsom Page 41
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
cD (PXE)
cD (P)
cD (PXE)
I, G
t, B OG
The owner/applicant shall obtain and continually maintain in good standing all required State and Federal permits and provide evidence that said permits have been obtained, or that the permit is not required, subject to staff review and approval. Compliance with all required State and Federal permits and the maintenance of such permits in good standing are requirements for validity of this Conditional Use Permit and the failure to comply with such permits and/or to maintain such permits in good standing shall trigger the process described in Condition of Approval No. 4
The owner/applicant shall obtain permission (permit, letter, agreement, etc.) from all applicable public utility companies (SMUD, PG&E, WAPA, etc.) in a form acceptable to the Community Development Department for construction-related activities proposed within the existinq public utilitv easements.The proposed project shall comply with all State and local rules, regulations, Governor's Declarations, and restrictions including but not limited to requirements relative to waterusage and conservation established by the State Water Resources Control Board, and water usage and conservation requirements established within the Folsom Municipal Code, (Chapter 13.26 Wa1er tanseryAlon), as amended from time to time
28. 29
30 WHEN REQUIRED
Prior to approval of Improvement PlansPrior to approval of Final MapPrior to issuance of first Buildine Permit Prior to approval of Occupancy PermitPrior to issuance of Grading PermitDuring construction On-going requirement
I
MB
oGDC
OG
RESPONSIBLE DEPARTMENT
Community Development DepartmentPlanning Division
Engineering DivisionBuilding Division
Fire DivisionPublic Works Department
Park and Recreation DepartmentPolice Department
CD(P)
(E)(B)(F)PWPRPD
City of Folsom Page 42
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
ATTACHMENT 4
Vicinity Map
04/26/2022 Item No.8.
}TUR€R.
r l.::F
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
ATTACHMENT 5
Overall Site Plan, Detailed Site Plan and Floor
Plan, Dated 2-19-20
04/26/2022 Item No.8.
A1 .0
lEY
DESICNS
VADIM4NKO
7844 MADISON AE
STE 106 FAIR OAKS, CA
95628
916-312-2131
[email protected]
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PROJECT DESCRIPTION & SCOPE OF WORK
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OWNER
SHEET INDEX
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BUILDING INFORMA'IION ABBREVIATIONS
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SPECIAL INSPECTIONS
DEFERRED SUBMITTALS:
SEPARATE PERMITVICINITY MAP
N.T.S.
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LAKESIDE MEMORIAL
LA\AN CEMETERY
1201 FORREST ST
FOLSOM
cA 95630
0700260001 0000
04/26/2022 Item No.8.
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LAV1JN CEMETERY
1201 FORREST ST,
FOLSOM
cA 95630
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784 MADISON AVE
SE 106 FAIROKS. CA
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04/26/2022 Item No.8.
LAKESIDE MEMORIAL
LAWN CEMETERY
1201 FORREST ST
FOLSOM
cA 95630
07002600010000
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OESIGNS
VADIM ANKO
7844 MADISON AVE
STE 106 FAIROAKS CA
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04/26/2022 Item No.8.
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DESIGNS
VADIM ANKO
7&4 MAOISON AVE.
STE 106 FAIR OAXS, CA
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FOLSOM
cA 95630
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04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 1 9-1 82) February 16,2022
ATTACHMENT 6
Hartwick Combustion Technologies Floor Plan,
Outer Dimensions and SPecs
04/26/2022 Item No.8.
Floor Plan Drawn By: PH Model: APEX 250
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04/26/2022 Item No.8.
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Rain
Samp le Test Port
Stainless Steel Exhaust Stack
J0"00 in
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Side View
Hartwick Combustion Technologies, Inc.
APEX 250
Top View of Mechanical features
90.00 in
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Exhaust
After Burner
Throat Air
36.00 in
Arch Air
Hearth Air 129.00 in
Burner
Fanel Door
I 15.00 in
04/26/2022 Item No.8.
Hartwick Combustion Technologies, lnc
Apex-250 XP
Hieh Efficiencv
Average cycle time 60 minutes
Secondary chamber L2O cu/ft
Natural gas / propane
Length 175"
width 90"
Height 115"
Weight 35,0001bs
2,500,000 BTU
1 Charging door
1 Rear door/Retrieval
2 Primary burners
1 Secondary burner
Self cooling exterior walls
Continuous operation
230 Volt l-phase / 3 phase
Oversized chamber
1000 lbs maximum load
Quiet operation 60 DB range
5-8 cases in 8 hours
Apex-250
High Production
Average cycle time 90 minutes
Secondary chamber 90 cu/ft
Natural gas / propane
Length L40"
width 90"
Height 115"
Weight 32,000 lbs
2,000,000 U ncontrolled BTU
1,800,000 Controlled BTU
1 Charging door
1 Primary burner
L Secondary burner
Self cooling exterior walls
Continuous operation
230 volt l-phase / 3 phase
1000lbs maximum load
Quiet operation 60 DB range
4-5 cases in 8 hours
Business Office; 3533 San Gabriel River Parkway, Pico Rivera, Ca90660 (800)81 6-91 25 Fax (s62)922-830s
E-mail; [email protected]
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn crematorium conditional Use Permit (PN 19-182) February 16,2022
ATTACHMENT 7
Updated Site Plan with Gurrent Layout of
Maintenance Area
04/26/2022 Item No.8.
A2.1
lEv
DESIGNS
VAUMANKO
784 MADISON AVE
STE 106 FAR OAKS. CA
9S28
916-312-2131
suppod@l*d€sigN.com /2
SIGNATURE
LAKESIDE MEMORIAL
LA\AAI CEMETERY
NEW STORAGE SHED
1201 FORREST ST
FOLSOM
GA 95630
070026000'10000
SHEET INDEX: coDE GOVERNED:SiitlA";it;till8."Jf iSNG pAcuGE (DRAWre rc:MBD3ErcEEe6) ili@ffiFiifrr-dounv wfl 2o1e cBcANoAw LoCALAMENDMENG SCOPE OF WORK:
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04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
ATTACHMENT 8
Applicant's Rendering of Proposed
Grematorium Stack
04/26/2022 Item No.8.
04/26/2022 Item No.8.
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium ConditionalUse Permit (PN 19-182) February 16,2022
ATTACHMENT 9
Applicantns Narrative
04/26/2022 Item No.8.
r&+
LAKESIDE
N{EMORIAL LAWN
Scope of Work- lnstalling a Crematory
We are proposing to install a Hartwick Apex 250 Human Crematory at our existing shed in our cemetery Lakeside Memorial Lawn 1,201. Forrest St Folsom CA 95630. lntroduction
Lakeside Memorial Lawn has existed since 1850. lt has been a large part of the history of the city of Folsom and remains to be a part of the future of the city of Folsom. lt is privately held and operated by family, who currently reside in Folsom and have a long heritage in Folsom. Lakeside Memorial Lawn alongside Miller Funeral Home have over 150 years in service to the community.
The Claney and Semenyuk family has a combined experience of 100 years in the funeral industry.
Residents of Folsom and active partners in the community, local ordinances and the Folsom Police Department in Every L5 Minutes Program. We also own Caring Service Group, which has 8 funeral homes from Clear Lake to Arroyo Grande. With four crematories in four separate cities. Coordinating with their respected citiesand local air ordinances, Caring Service Group has been successful in operating and installing these crematories. They have been in operation for the last 1.0 years and have not received one complaint against their licensing as they continue to operate at full capacity. All four crematories are inside the funeral home buildings, which is an impressive feat on its own. These crematories have facilitated thousands of cremations and will continue to do so. This is to demonstrate the knowledge, professionalism and ethical practices we uphold when we install and operate crematories.
Poini at lssue
There are several large cultural communities residing and moving into Folsom. Regretfully, we do not have the ability nor the capability to serve the Sikh, Hindu, Buddhist or other cremation-based cultures as they require an on-site crematory so that they may be able to exercise their funeral rights and customs. Currently, there is no crematory in the city of Folsom, so they must find these services outside their city.
04/26/2022 Item No.8.
The increase in homes being built in the city of Folsom, including Folsom Ranch, we need to have an onsite crematory in order to facilitate it's increase in cremation service. Folsom tax paying residents are unable to choose cremation disposition to be performed locally.
California currently has a cremation rate of 66.7 percent and will increase to 80 percent by 2030. Since 2019 the city of Folsom has an estimated 450 deaths a year and rising as the population increases. That is an estimated 300 cremations needed to be performed every year.
Our Prooosition
The crematory placement at Lakeside Memorial Lawn is a strategic placement. lt is removed from any residences, parks, or schools, lt is not in eyesight of any homes, business's or restaurants. lt will be inside the existing shed of Lakeside Memorial Lawn, surrounded by the rock piles of Folsom. As the only operationalcemetery in Folsom, it is governed by the California Funeral and Cemetery Bureau and crematories fall under its' jurisdiction in licensing and on-site inspections.
As the cemetery does not have a gas or sewer line, we will be installing two propane tanks to facilitate the energy needed for the machine, lt is a simple and cost-efficient option.
Cremation Process
A small explanation of cremation and its process.
Once paperwork - death certificate and local disposition permit is filed, with the family's permission and consent, we can then proceed with cremation.
Through a very strict identification process, we take the remains of John Doe and place them in a cremation container. lt is identified again, weighed and recorded into the crematory log.
The machine or Cremator is started and heated up to a degree that the local air quality board decrees necessary for the area, prior to remains being placed into the main chamber. Usually ranges from 1100- 1600 degrees Fahrenheit. A Cremator has two burners, a main burner which is directly over the middle of the main chamber and a back burner, which is in the back in the second chamber.
The function of the second chamber is to initially heat up the machine and to incinerate any particles that escape the main chamber during the cremation process. That way there is no smoke or residue that leaves the chamber.
The main burner is there to facilitate the cremation process. lt continues to heat up the main chamber and maintains a consistent temperature that allows the water in the subject to evaporate.
Once the Cremator reaches the set temperature, the cremation container is then rolled inside the main chamber. When the door opens, the main burner shuts off for safety reasons. That prevents any harm to the crematory operator and facility, The door is then shut and after a few minutes the main burner starts again and thus begins the cremation process.
04/26/2022 Item No.8.
This process is self-operating and does not require anything else apart from time, The usual time cremation takes is an average of 2 hours for the combustion process to be complete. lt is a selfcontained and safe process from start to finish.
The side door is opened, and the remains are collected and placed to cool down. Once cool, they are processed through a processor and placed into a plastic bag that is identified and sealed. The bag is placed into an urn and sealed. The urn is identified with name, date of cremation and the crematories license number. All this information is logged into the crematory book that is overseen by the CA State Funeral and Cemetery Bureau.
Usual Safetv Concerns
ln the process of any errors or malfunction, there are safetyfeatures installed. ln the event of an operational failure, the gas is immediately and automatically shut off. There is a manual switch as well There has never been a crematory blowing up in the history of cremation.
We buy our machines from a very reputable, if not the best in the cremation industry manufacturer called Hartwick Combustion Technologies. They are manufactured in California, are designed to use less fuel, have lower NOx emissions, is NFPA compliant, meets Air Quality standards and the components used are UL listed.
We have one of their machines located within out Lakeport funeral home and we have not had one issue or complaint. We trust in the safety and manufacturinB of these machines and ourselves hold years of experience in the cremation industry with our own high safety standards.
Scope of Work
We are hoping to get a use permit from the city of Folsom to operate our very own Hartwick Apex 250 Human Crematory. To accomplish this, we will be working side by side with the city of Folsom, Sacramento Air Quality Board and the CA Funeral and Cemetery Bureau to meet all necessary standards, laws and regulations in order to complete said application and Use permit.
Once we are issued the Use Permit from the city of Folsom, we will go ahead and install the Cremator inside the existing shed at Lakeside Memorial Lawn.
We will have it lifted with a crane off the truck and rolled inside the shed. Once in the proper place, the stack will be installed, and the electrical/propane lines connected by its respected professionals. The CA Cemetery and Funeral Bureau will do a final inspection and they will issue a crematory license. At that point we will be operational, and the city of Folsom will have its first crematory.
We have done this process twice in two other cities and we look forward to doinB this in the city we live in.
04/26/2022 Item No.8.
lf you have any questions or require more information, please contact me. lgor Semenyuk
Chief Operating Officer/Partner
i&or@ ca rinEservicegroup.com
o. 916-985-2295
M. 916-548-6808
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
ATTACHMENT 1O
Photographs of the Project Site
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VIEW OF MAINTENANCE AREA FROM INSIDE CEMETERYPage 269
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VIEW OF MAINTENANCE AREA FROM INSIDE CEMETERY Page 270
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I
VIEW OF MAINTENANCE AREA FROM CEMETERY PARKING LOT
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VIEW OF MAINTENANCE AREA FROM OUTER EDGE OF CEMETERY NEAR PRESERVE
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INTERIOR VIEW OF MAINTENANCE AREA
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VIEW INSIDE STRUCTURE FOR PROPOSED CREMATORIUM
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04/26/2022 Item No.8.
VIEW OF MINING TAILINGS FROM FOLSOM BOULEVARD AND FORREST STREET
04/26/2022 Item No.8.
Historic District Commission
Lakeside Memorial Lawn Crematorium Conditional Use Permit (PN 19-182) February 16,2022
ATTACHMENT 11
Draft lnitial Study/Mitigated Negative Declaratiotr,
Dated January 2022
04/26/2022 Item No.8.
Lokeside Memoriol Lown
Cremotorium
lnitiol Study/Mitigoted Negotive Declorotion
Prepored by:
City of Folsom
Community Developmenl Deporlmenl
50 Notomo Street
Folsom, CA 95630
With Technicol Support by:
HEtIX Environmentol Plonning, lnc.
I I Notomo Street, Suite ,I55
Folsom, CA 95630
Jonuory 2022
04/26/2022 Item No.8.
TABLE OF CONTENTS
Section
1.0 INTRODUCTION
Page
2.0 3.0
PROJECT BACKGROUND ................
PROJECT DESCRIPTION
3.1 Project Location......
3.2 Project Setting and Surrounding Land Uses
3,3 ProjectCharacteristics......,.........
Parking and Circulation ..........
Emergency Vehicle Access .....
Utilities
Landscaping.....
Fencing
Grading
3.4 City Regulation of Urban Development ...
General Plan
Zoning Ordinance...
3.5 Other City Regulation of Urban Development.
Community Development Department Standard Construction Conditions............
City of Folsom Municipal Code.........
4.O PROJECT OBJECTIVES
5.0 REQUIRED APPROVALS
6.0 PREVIOUS RELEVANT ENVIRONMENTAL ANALYSIS
6.7 City of Folsom General Plan
6.3 lncorporation of the Folsom General Plan and East Area Facilities Plan ElRs by Reference....
6.4 Summary of Folsom 2035 General Plan EIR
1 t
t
1 L
2 2
3 3
3 3
4 4
4 4
4 4
5 7
7 7
7 8
8 8
7.O
8.0 9.0
ENVIRONMENTAL FACTORS POTENTIALTY AFFECTED ....11
DETERMTNATTON (TO BE COMPLETED BY THE LEAD AGENCY)............... .................12 ENVIRONMENTAL INITIAL STUDY CHECKLIST 13
I. AESTHETICS. ....14
II. AGRICULTURE AND FORESTRY RESOURCES ....17
III. AIR QUALITY 19
IV. BIOLOGICALRESOURCES 30
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V. CULTURAL RESOURCES.....
VI. ENERGY.......
VII. GEOLOGY AND SOILS..
VIII. GREENHOUSE GAS EMISSIONS...........,.....
IX. HAZARDS AND HAZARDOUS MATERIALS
X. HYDROLOGY AND WATER QUALITY..,....
XI. LAND USE AND PLANNING......
xil. MrNERA1RESOURCES.........................
xilr NOISE
XIV. POPULATION AND HOUSING....
XV. PUBLIC SERVICES
XVI. RECREATION
XVII. TRANSPORTATION.
XVIII. TRIBAL CULTURAL RESOURCES.
XIX. UTILITIES AND SERVICE SYSTEMS..
INITIAL STUDY PREPARERS.
REFERENCES
........35
.....71
45 49
53 59
63 68
lo
77 78
.......80
XX. WILDFIRE...
XXI. MANDATORY FINDINGS OF SIGNIFICANCE....................
MITIGATION MONITORING AND REPORTING PROGRAM..
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81 84
88 92
95 10.0
11.0 L2.O
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LIST OF TABLES
No. Title
Table 1. City of Folsom Municipal'Code Regulating Construction and Development...,...
Table 2. Sacramento County Attainment Status..........
Table 3. SMAQMD Significance Thresholds
Table 4. Operational Criteria Pollutant and Precursor Emissions Table 5. Maximum Exposed lndividual lncremental Cancer Risk and Hazard lndex Table 5. California Electricity Sources 2019............
Table 7. Global Warming Potential and Atmospheric 1ifetimes................
Table 8. GHG Reduction Strategy Consistency Checklist.....
Table 9. City of Folsom Municipal Code Sections Regulating the Effects on Hydrology and Water Quality from Urban Development.
Table 10. Noise Compatibility Standards
Table 11. Exterior Noise Level Standards
LIST OF APPENDICES
Figures
Folsom Lakeside Crematorium Project Air Quality and Greenhouse Gas Assessment and Addendum to the Folsom Lakeside Crematorium Project Air Quality and Greenhouse Gas Emissions Assessment
Tribal Consultation Record for Compliance with AB 52 and CEQA Mitigation Monitoring and Reporting Program
Page
6 20
25 27
29 45
54 57
...........65
.722
...74
A
B
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04/26/2022 Item No.8.
Lakeside Memorial Lawn Crematorium
1.0 INTRODUCTION
This tnitial Study (lS) addresses the proposed Lakeside Memorial Lawn Crematorium project (proposed project) and whether it may cause significant effects on the environment. The lS also assesses whether any environmental impacts of the project are susceptible to substantial reduction or avoidance by project revision, imposition of conditions, or any other means t515152(bx2)l of the California Environmental Quality Act (CEQA) Guidelines. lf such revisions, conditions, or other means are identified, they will be included as mitigation measures.
This tnitial Study relies on CEQA Guidelines Sections $15054 and 15064.4 in its determination of the significance of the environmental impacts. Per 5L5064, the finding as to whether a project may have one or more significant impacts shall be based on substantial evidence in the record, and that controversy alone, without substantial evidence of a significant impact, does not trigger the need for an Environmental lmpact Report (ElR).
2.0 PROJECT BACKGROUND
The following project specific technical reports quantified analysis and or surveys were used in preparation of this lnitial Study and are incorporated by reference:
Air Quality and Greenhouse Gas Analysis, prepared by HELIX Environmental Planning, lnc. (December 2O2O).
Addendum to the Folsom Lakeside crematorium Project Air Quality and Greenhouse Gas Emissions Assessment, prepared by HELIX Environmental Planning, lnc. (November 2o2tl.
Cultural Resources lnventory Report for the Lakeside Memorial Lawn Storage Shed Project, prepared by ECORP Consulting, lnc. (November 2O2O).
Tribal Consultation Record for Compliance with Assembly Bill 52 and CEQA for the Lakeside Memorial Lawn Storage Shed Project, prepared by ECORP Consulting, lnc. (January 2O2I).
3.0 PROJECT DESCRIPTION
3.1 Projecl locolion
The proposed project would be constructed on an approximately 12-acre parcel situated nearthe western boundary of the City of Folsom in Sacramento County, California. The project site is located west of the intersection of Forrest Street/Natoma Street along Folsom Boulevard within the existing Lakeside Memorial Lawn Cemetery. lt lies along the eastern shore of Lake Natoma. The crematorium would be constructed within an existing shed along the eastern boundary of the property, just west of the end of Mormon Street. The project site is identified as Assessor's Parcel Number (APN) 070-0260- 001. Refer to Figure I for the regional location and Figure 2 for an aerial view of the project site. All figures are included in Appendix A.
3.2 Projecl Setting ond Surrounding Lond Uses
The project site is currently a small cemetery, with associated landscaping, outbuildings, and access roads. Lands to the south and west contain woodland habitat typical of riparian communities in the Sierra Nevada foothills. Soils at the project site are comprised of dredge tailings and other fill material. a
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Lakeside Memorial Lawn Crematorium
Tailing piles between the site and Folsom Boulevard prevent the site from being visible from that street.
To the west is also the Jedidiah Smith Memorial Trail that runs along the eastern shore of Lake Natoma.
The trail, also known as the American River Bike Trail, connects Folsom Lake (north of the project site) to the confluence of the American and Sacramento Rivers in Downtown Sacramento, lt is a part of the American River Parkway that is operated by the California Department of Parks and Recreation. To the north of the project site is a small residential neighborhood with single-family dwellings. Folsom Boulevard runs in a north/south line just east of the property. East of Folsom Boulevard is a large, developed area containing single-family homes, apartment complexes, a mobile home park, and some small businesses. The more regional setting is primarily characterized by residential development with a commercial shopping center to the east.
The project site is generally flat, ranging from about 175 to 185 feet above mean sea level. There are no wetlands, streams, or jurisdictional features located on the project site.
3.3 Projecl Chorqclerislics
The project would be located in an existing metal shed on the grounds of the existing Lakeside Memorial Lawn Cemetery. The shed can be reached by following Mormon Street to its terminus, making a slight left turn, and continuing for approximately 100 feet down an access road. The proposed project includes the installation of one HCT Apex-250 crematory manufactured by Hartwick Combustion. The shed would be modified to accommodate this device, but the shed's footprint would not be expanded. The shed currentlycovers 1,071squarefeet. Further, a 10foot by lS-footwalk-in coolerwould be installed inside the shed to provide temporary, short-term storage of human remains prior to cremation. Two 250- gallon propane tanks would be installed on a proposed concrete pad along the northern side of the shed to provide power for the crematorium, as no gas lines currently exist on the property, The pad would cover approximately 38.3 square feet of ground. A small exhaust stack would be installed on the roof of the shed.
The applicant anticipates l--4 cremations on business days (Monday through Friday) with the total number of cremations not exceeding 500 per year. Average cremation time is approximately 90 minutes. Refer to Figure 3 for the site design plan in Appendix A.
Porking qnd Circulqlion
Diagonal parking spaces can be found along both sides of Mormon Street. At the terminus of Mormon Street, members of the public may continue straight onto a main cemetery access road to find an additional parking lot. All existing parking spaces would be maintained. Access to the project site directly would continue to be provided by a smaller existing access road located at the southwestern terminus of Mormon Street. Both the smaller access road and the main access road can be reached at the terminus of Mormon Street, but the two roads do not form a continuous loop due to a fence line dividing them. No new parking spaces or facilities would be constructed.
As the crematorium would not be located in or near a funeral home and would be separate from any funeral services or public gatherings provided by the project applicant, access would only need to accommodate a small number of staff members with business at the site. 2
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Emergency Vehicle Access
Emergency vehicle access would be maintained throughout the project site to meet the Fire Department standards forfire engine maneuvering, location of fire engine to fight a fire, rescue access to the units, and fire hose access to all sides of the building.
Utililies
The cemetery is currently serviced with potable water and irrigation water from the City of Folsom.
There is no need to seek a "will serve" letter as the City currently provides water and the crematory would not substantially increase flow demand. The City also provides solid waste collection and disposal services; the project is not expected to result in a significantly increased demand for solid waste removal.
As an existing facility, Lakeside Memorial Lawn maintains adequate fire response infrastructure for both current operations and the proposed project. The City Fire Department reviewed the project application and did not raise any concerns regarding the adequacy of water supply or site access.
The cemetery is currently served with an electricity supply from the Sacramento Municipal Utilities District (SMUD). Electrical connections already exist for the shed, and may be upgraded as needed as part of the proposed project. lnstallation and operation of the crematory would not result in a significant increase in demand for electricity on the project site.
The cemetery, including the shed, does not have an existing sewer line. This project would not require access to, or construction of, a sewer line. The two 250-gallon propane tanks and a concrete pad for securing them would be constructed along the northern edge of the shed to provide power for the crematorium.
Stormwater flows on the site are retained and drained to Lake Natoma. There would be no change in the hydrologic regime of the project site due to the installation or operation of the proposed project.
Londscoping
Existing landscaping at the cemetery and around the shed consists of mature broad-leaved, coniferous, trees and palms. These trees and landscaping also provide shade for much of the cemetery and many of the parking spaces. An irrigated lawn surrounds the existing cemetery plots, and a smaller lawn surrounds the rear of the shed (i.e., the non-service entrance side). Native oak/gray pine woodland habitat surrounds the cemetery.
No new landscaping installation or modification is proposed. Native habitat in the vicinity of the project would not be disturbed. No built footprint would be expanded.
Fencing
An existing brick and wrought iron fence demarcate the boundary to the cemetery from the Forrest Street side, but does not extend the length of Mormon Street. A wooden fence currently separates the front side of the shed (facing the access road) from the back side and extends both north and south of the shed. The fencing south ofthe shed further extends to blockthe access road and restrict access between the lawn to the west ofthe shed and the access road to the east ofthe shed. 3
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Groding
No grading of the site would be required.
3.4 City Regulqlion of Urbon Developmenl
Generol Plon
The City of Folsom updated and adopted its current comprehensive General Plan in August 2018. The General Plan is a long-term planning document that guides growth and land development in the City. lt provides the foundation for establishing community goals and supporting policies, and directs appropriate land uses for all land parcels within the City. The project site is designated as Open Space (OS) in the City of Folsom General Plan. lt is also within the Historic District and within a Sacramento Area Council of Governments (SACOG)Transit Priority Area.
Zoning Ordinqnce
Developed land uses in the City of Folsom are regulated specifically by the City's Zoning Code (Title 17 of the City's Municipal Code), in addition to the other adopted regulations and programs that apply to all proposed development within the City. ln more detailthan the General Plan, the Zoning Code regulates land uses on a parcel-by-parcel basis throughout the City. ln order to achieve this regulation, the City assigns each parcelwithin the Cityto a zoning district, such as a districtforsingle-family homes.
Regulations for each district apply equally to all properties within the district.
The project site is currently within the Open Space/Public Primary Area of the Historic District (OS/P), with an underlying zoning of Open Space and Conservation (OSC). The applicant is seeking a Conditional Use Permit from the City to authorize their installation of a crematory.
3.5 Olher City Regulolion of Urbqn Developmenl
The City of Folsom further regulates urban development through standard construction conditions and through mitigation, building, and construction requirements set forth in the Folsom Municipal Code.
Required of all projects constructed throughout the City, compliance with the requirements of the City's standard conditions and the provisions of the Municipal Code avoids or reduces many potential environmental effects. City procedures to minimize negative environmental effects and disruptions include an analysis of existing features, responsible agency and public input to the design process, engineering and design standards, and construction controls. The activities that mitigate typical environmental impacts to be implemented by the City during the project review, design, and construction phases are described in greater detail below.
Com m u nity Developmenl Deporlmenl Slqndqrd Conslruclion Condilions The City's standard construction requirements are set forth in the City of Folsom, Community Development Standard Construction Specifications updated in February of 2020. A summary of these requirements is set forth below and incorporated by reference into the project description. Copies of these documents may be reviewed at the City of Folsom, Community Development Department, 50 East Natoma Street, Folsom, California 95530.
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The Department's standard construction specifications are required to be adhered to by any contractor constructing a public or private project within the City' use of Pesticrdes - Requires contractors to store, use, and apply a wide range of chemicals consistent with all local, state, and federal rules and regulations.
Air Pollution Control- Requires compliance with all Sacramento Metropolitan Air Quality Management District (SMAaMD)and City air pollution regulations.
Water Po!!ution - Requires compliance with City water pollution regulations, including National Pollutant Discharge Elimination System (NPDES) provisions.
Noise Control - Requires that all construction work comply with the Folsom Noise Ordinance (discussed further below), and that all construction vehicles be equipped with a muffler to control sound levels.
Naturolly Occurring Asbestos - Requires compliance with aIISMAQMD and City air pollution regulations, including preparation and implementation of an Asbestos Dust Mitigation Plan consistent with the requirements of Section 93105 of the State Government Code.
Weekend, Holiday, ond NightWork- Prohibits construction work during evening hours, or on Sunday or holidays, to reduce noise and other construction nuisance effects.
Public Convenience - Regulates traffic through the work area, operations of existing traffic signals, roadway cuts for pipelines and cable installation, effects to adjacent property owners, and notification of adjacent property owners and businesses.
Public Safety and Troffic Control- Regulates signage and other traffic safety devices through work zones Existing Utilities - Regulates the relocation and protection of utilities.
Preservotion of Property - Requires preservation of trees and shrubbery and prohibits adverse effects to adjacent property and fixtures.
Culturol Resources - Requires that contractors stop work upon the discovery of unknown cultural or historic resources, and that an archaeologist be retained to evaluate the significance of the resource and to establish mitigation requirements, if necessary.
Protection oJ ExistingTrees-Specifies measures necessaryto protect both ornamental and native oak trees.
Cleoring ond Grubbing - Specifies protection standards for signs, mailboxes, underground structures, drainage facilities, sprinklers and lights, trees and shrubbery, and fencing. Also requires the preparation of a Stormwater Pollution Prevention Plan (SWPPP) to control erosion and siltation of receiving waters.
Reseeding - Specifies seed mixes and methods for reseeding of graded areas.
City of Folsom Municipol Code
The City regulates many aspects of construction and development through requirements and ordinances established in the Folsom Municipal Code. These requirements are summarized in Table 1 and 5
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incorporated by reference into the project description. Copies of these documents may be reviewed at the City of Folsom, Office of the City Clerk, 50 East Natoma Street, Folsom, California 95630.
Table 1. City of Folsom Municipal Code Regulating Construction and Development CODE
SECTION
EFFECT OF CODE
Establishes interior and exterior noise standards that may not be exceeded within structures, including residences;
establishes time periods for construction operations.
Establishes conditions and requirements for the discharge of urban pollutants and sediments to the storm-drainage
system; requires preparation and implementation of
Stormwater Pollution Prevention Plans.
Defines hazardous materials; requires filing'of a Hazardous Material Disclosure Form by businesses that manufacture, use, or store such materials.
Establishes standards for the construction and monitoring of facilities used for the underground storage of hazardous substances and establishes a procedure for issuance of
permits for the use of these facilities.
Regulates the cutting or modification of trees, including oaks and specified other trees; requires a Tree Permit prior to cutting or modification; establishes mitigation requirements for cut or damaged trees.
Prohibits the wasteful use of water; establishes sustainable landscape requirements; defines water use restrictions.
Adopts the California Energy Code, 2010 Edition, published as Part 6, Title 24, C.C.R. to require energy efficiency standards for structures.
Adopts the California Green Building Standards Code
(CALGreen Code), 2010 Edition, excluding Appendix Chapters A4 and A5, published as Part 11, Title 24, C.C.R. to promote and require the use of building concepts having a reduced negative impact or positive environmental impact and
encouraging sustainable construction practices.
Requires a grading permit prior to the initiation of any grading, excavation, fill or dredging; establishes standards, conditions, and requirements for grading, erosion control, stormwater drainage, and revegetation.
Restricts or prohibits uses that cause water or erosion hazards, or that result in damaging increases in erosion or in flood heights; requires that uses vulnerable to floods be protected against flood damage; controls the modification of floodways; regulates activities that may increase flood damage or that could divert floodwaters.
8.42 8.70
9.34 9.35
L2.16
]-3.26
74.L9
14.20 74.29
CODE NAME
Noise Control
Stormwater Management
and Discharge Control
Hazardous Materials
Disclosure
Underground Storage of
Hazardous Substances
Tree Preservation
Water Conservation
Energy Code
Green Building Standards
Code
Grading Code
14.32 Flood Damage Prevention
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4.0 PROJECT OBJECTIVES
The project objectives, as expressed by the applicant, are to Provide cremation services for those who currently live in and around Folsom, as no such services currently exist in the City;
Provide cremation services for members of the population whose customs or religions require such practices;
Prepare for an increase in the demand for cremation services as cremations become more popular in California and as Folsom's population grows; Upgrade existing facilities to capitalize on a business opportunity that has proven successfulfor the applicant elsewhere in California.
5.0 REQUIRED APPROVATS
A listing and brief description of the project approvals required to implement the proposed project is provided below. This environmental document is intended to address the environmental impacts associated with allthe following decision actions and approvals:
a Conditional Use Permit
The City of Folsom has the following discretionary powers related to the proposed project:
Certification of the environmental document: The Folsom City Council will act as the lead agency as defined by the California Environmental Quality Act (CEQA) and will have authority to determine if the environmental document is adequate under CEQA.
Approval of project: The Folsom City Council will consider approval of the project and all entitlements as described above.
6.0 PREVIOUS RELEVANT ENVIRONMENTAL ANATYSIS
6.1 City of Folsom Generol Plqn
The Program EIR for the City of Folsom General Plan (2018) provides relevant policy guidance for this environmental analysis. The EIR evaluated the environmental impacts that could result from implementation of the City of Folsom 2035 General Plan (2035 General Plan) (City of Folsom 2018a). The Program EIR is intended to provide information to the public and to decision makers regarding the potential effects of adoption and implementation of the 2035 General Plan, which consists of a comprehensive update of Folsom's current General Plan. The 2035 General Plan consists of a policy document, including Land Use and Circulation Diagrams.
a
a
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6.2 Tiering
"Tiering" refers to the relationship between a Program EIR (where long-range programmatic cumulative impacts are the focus of the environmental analysis) and subsequent environmental analyses such as the subject document, which focus primarily on issues unique to a smaller project within the larger program or plan. Through tiering a subsequent environmental analysis can incorporate, by reference, discussion that summarizes general environmental data found in the Program EIR that establishes cumulative impacts and mitigation measures, the planning context, and/orthe regulatory background.
These broad-based issues need not be reevaluated subsequently, having been previously identified and evaluated at the program stage.
Tiering focuses the environmental review on the project-specific significant effects that were not examined in the prior environmental review, orthat are susceptible to substantial reduction or avoidance by specific revisions in the project, by the imposition of conditions or by other means. Section 21093(b) of the Public Resources Code requires the tiering of environmental review whenever feasible, as determined by the Lead Agency.
ln the case of the proposed project, this lnitial Study tiers from the Program EIR for the City of Folsom 2035 General Plan. The Folsom 2035 General Plan is a project that is related to the proposed project and, pursuant to S15152(a) of the State CEQA Guidelines, tiering of environmental documents is appropriate. State CEQA Guidelines S15152(e) specifically provides that:
"[w]hen tiering is used, the later ElRs or Negative Declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later [environmental document] should state that the Lead Agency is using the tiering concept and that the [environmental document] is being tiered with the earlier ElR."
The above-mentioned Program EIR and this lnitial Study can be reviewed at the following location:
City of Folsom
Community Development Department
50 East Natoma Street
Folsom, CA 95630
Contact: Mr. Josh Kinkade, Associate Planner
(eL6) 461.-620s
6.3 lncorporolion of the Folsom Generol Plqn qnd Eqsl Areq Focililies Plqn ElRs by Reference
The Program EIR for the Folsom 2035 General Plan is a comprehensive document. Due to various references to the Folsom 2035 General Plan Program EIR in this proposed project, and to its importance relative to understanding the environmental analysis that has occurred to date with respect to development in the Folsom area, the program EIR document is hereby incorporated by reference pursuant to CEQA Guidelines section 15L50.
6.4 Summory of Folsom 2035 Generql Plqn EIR
The 2035 General Plan Program EIR focused on the secondary or indirect effects of implementing the 2035 General Plan. lndirect physical changes to the environment (impacts) that could result from 8
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implementation of 2035 General Plan are addressed in the appropriate technical chapters of the Program ElR. Likewise, inconsistency with an adopted plan, in general, is not considered a direct physical impact to the environment, but may result in impacts, which are discussed in the appropriate technical chapters. According to this definition, potential secondary or indirect environmental effects may be divided into two broad classes:
a Coverage lmpacts - Those that result from development or other activities covering land or otherwise physically interfering with a resource (e.g., constructing a paved parking lot over a sensitive biological resource); and,
o lntensity lmpacts - Those that result from increased levels of human activity (e.g., increases in traffic levels leading to increased emissions of criteria air pollutants).
The 2035 General Plan does not identify any additional areas designated for urban uses beyond those set forth in the L988 General Plan as amended through fall2OtT . Therefore, the environmental analysis concentrates its evaluation on those undeveloped areas designated for urban uses and the resources still present within them, including within the Folsom Plan Area Specific Plan (FPASP) area, south of Highway 50.
Coveroge lmpocls
These impacts are based on the conversion of existing vacant parcels to a developed land use.
Conversion can result in the eradication of, or damage to, a resource, revealing of environmental conditions detrimental to a developed land use, or exposure of the developed use to an existing environmental hazard. For the purposes of evaluating these effects, the Program EIR assumed that all land identified for urban uses in the 2035 General Plan would be developed with such uses within the 20-year planning horizon.
For areas designated for urban or infrastructure uses by the 2035 General Plan, potential coverage effects for certain environmental topics were assessed in a multi-step process. Quantitative evaluations began with a review of resources potentially affected by the implementation of the 2035 General Plan project, and the areal extent of identified resources.
To determine the locations where a resource could be converted to developed uses under the proposed 2035 General Plan, an inventory of each environmental resource within each urban area project boundary was completed. Using geospatial data, or geographic information systems (GlS), all parcels or lots within the 2035 Plan Evaluation Area were identified as developed or vacant. Vacant parcels were further identified as being located north of Highway 50, or south of Highway 50 within the FPASP area.
For vacant parcels north of Highway 50, the analysis identified 453 total vacant parcels encompassing 441- acres. Of these 453 parcels, 377 are lots within existing single-family residentialsubdivisions totaling 153 acres, with a gross median lot size of I6,L25 square feet. Of the remaining 76 parcels, the majority are designated for commercial or multi-family uses. For these uses, the total acreage is 278 acres with a gross median parcel size of 37,I5O square feet. Once the 453 parcels were identified, each was evaluated using aerial photographs to determine its condition. As evidenced on the aerial photographs, the overwhelming majority of both the single-family residential and commerciaUmulti-family residential parcels are remnant areas within subdivisions or larger development projects, and most have been disturbed by prior rough gradingand/or the construction of roads and utilities, 9
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There are a total of 3,336 acres in the FPASP area south of Highway 50, of which 1,118 acres would remain in open space. The remainin g2,2t9 acres would be developed with a variety of urban land uses and supporting infrastructure. Although potential environmental impacts could occur throughout the 2035 Plan Evaluation Area, the majority of the land available for new development of urban uses (77 percent of the citywide total or 2,218 acres) would be located within the FPASP area.
The possibility of potential coverage impacts was determined by layering maps of sensitive resources (e.g., sensitive species, areas of naturally occurring asbestos, flood hazards) over the map of vacant parcels. The results of this type of analysis are reported in the following chapters of the PEIR: 6, Aesthetics and Visual Resources, T. Agricultural and Forestry Resources, 9. Biological Resources, 10.
Cultural Resources, 11. Geology, Soils, and Mineral Resources, 13. Hazards and Hazardous Materials, 14.
Hydrology and Water Quality, and 18' Tribal Cultural Resources. lnlensily lmpocts
lntensity impacts, such as those for traffic, air quality, greenhouse gas emissions, and noise, depend upon both the location and level of human activity. Other impacts, such as those to public services and utilities depend upon the size of the served population.
The 2035 General Plan proposed no increases in the amount of land identified for urban uses beyond that currently identified in the 1988 General Plan as amended. However, the development of urban uses on vacant land designated and available for residential and employment uses would result in an increase in the number of people and jobs in the City over existing (2}t5/20t7) conditions. For intensity impacts, the PEIR evaluated a forecast of 2035 conditions consistent with the land uses identified in the 2035 General Plan.
The 2035 development forecast is based on a buildout model for use in the analysis of future traffic conditions. Summarily, the buildout model forecasts full development of all planned land uses within the existing city limits, full buildout of the Easton and Glenborough projects as approved by Sacramento County, and background land use assumptions outside of the City, Glenborough, and Easton consistent with the land use assumptions of Sacramento Area Council of Governments (SACOG) Metropolitan Transportation Plan/Sustainable Communities Strategy (MTP/SCS). Because the MTP/SCS forecasts conditions for the year 2036, the buildout model used in the Program EIR interpolates 2035 conditions, the horizon year for the proposed Folsom General Plan.
As with the Coverage lmpact analysis, the lntensity lmpact Analysis focused on the difference between the location and level of human activity currently existing (2OI5/20L7), and the level of activity that would exist with implementation of the 2035 General Plan. The results of this type of analysis are reported in the following chapters of the Program EIR: 8. Air Resources, 12. Global Climate Change, L5.
Noise and Vibration, 16. Public Services and Recreation, t7 . Transportation, and 19. Utilities and Service Systems.
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7.0 ENVI RONMENTAL FACTORS POTENTIATTY
AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that may require mitigation to reduce the impact from "Potential lmpact" to "Less than Significant" as indicated by the checklist on the following pages.
An tnitial Study is conducted by a Lead Agency to determine if a project may have a potentially significant effect on the environment (CEQA Guidelines Section L5063). An Environmental lmpact Report (ElR) must be prepared if an lnitial Study indicates that further analysis is needed to determine whether a significant impact will occur or if there is substantial evidence in the record that a project may have a significant effect on the environment (CEQA Guidelines Section 15064(f))' n Aesthetics n Agriculture/Forestry Resources I Rir Quality n Biological Resources I cultural Resources n Energy
n Geology/Soils n Greenhouse Gas Emissions n Hazards/Hazardous Materials
n Hydrology/Water Quality n Land Use/Planning n Mineral Resources n Noise n Population/Housing n Public Services
n Recreation n Transportation I tribalcultural
Resources
n Utilities/Service Systems Wildfire n Mandatory Findings of Significance
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