Folsom City Council
May 10, 2022

05/10/2022 Item No.18.

Introduction
During the State of the Ciry Report delivered at the January 14, 1997 City Council meeting, Mayor Glenn Fait proposed that Council conyene an ad hoc committee of representatives from historic preservation groups and others with similar interests in City of Folsom. The purpose of this committee was to develop a comprehensive Historic Preservation Master Plan to ensure that historic preservation is given proper consideration as the City continues to grow.
on March 25, 1997, the city Council passed and adopred Resolution No. 5346, a resolution establishing an ad hoc committeefor the preservation of Folsom's history to develop a comprehensive historic preservation master plan. Mayor Fait appointed 12 committee members representing different aspects of Folsom's history.

This comminee began meeting on November 19, 1997 n order to establish the plan, along with an inventory of cultural resources to present to the City Council. The following is that plan and inventory, along with recommendations for preservation action.

The committee's intention was to create an inventory that shall be updated over time.

Listing on the inventory shall be accessible to all members of the community using an inventory nomination or registration form. Standardized forms will be available through the City of Folsom Planning, Inspections and Permitting Department @IP) and accessible to the general public. Completed forms will then be submitted for review by PIP staffi and then to the Historic District Commission for determinarion of eligibility.

The current Cultural Resources Inventory and a complete set of registration forms, including maps and photographs, shall be kept by city of Folsom PIp DepartmentArchaeologically sensitive or historically sensitive information will be considered as such and held back from public distribution if that distribution rnight endanger the resource through vandalism or theft, or for privacy considerations.

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Goals and Objectives
. M,ission Statement
The City of Folsom by this Master Plan seeks to preserve and promote its rich dnd colorful historical heritage by protecting its cultural and historical resources and educating the citizenry and general public of its past' . Ongoing Objectives

1. To identify historical resources, including sites, structures, archaeological resources, docurnents, and artifacts,

2. To protect and preserve these resources for future generations,

3. To educate the public about these resources through interpretation and exhibition in the hopes that knowledge will result in a greater respect for and appreciation of these resources,
4 To promote Folsom's history through tourism and local programs in the hopes of enriching the city tlrough cultural and economic development.

Area of Preservation
The Ciry of Folsom shall extend this preservation policy throughout the City of Folsom limits and other areas outside the city limits that were part of Folsom's historical sphere of influence, including areas such as Mormon Island, Prairie City, and Aerojet.

Objective Actions
To i.d.atify historical and cultural resources, including sites, sttuctures, archaeolo gical resour'ces, d'ocument s, and' wttfocls, An inventory of cultural resources shall be maintained and available to the public by ttre Ciry through the PIP Department. This list shall be derived from the inventory submitted herein, as well as extant publications.and reports, and updated systematically with the receipt of new and ongoing environmental documentation and historical publication. A registration or nomination form for applying and adding to the inventory shall be adopted so that the City, individuals, and organizations will be able to apply for listing of a resource with the City of Folsom' a
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To protect and preseme t.hese resources for fnture generations, The City of Folsom shall consider the protection, preservation, documentation and/or recordation of cultural resources on the inventory when decisions affiecting these resources come before the City. This includes notification of the Planning Commission, or any other decision-making body, of a resource's inclusion in ttie inventory as part of that body's staff report. The City, when possible, should consider the acquisition and storage or deposition of artifacts or resources when fieasible or practicable.

The City of Folsom, in seeking to preserve the history and development of the municipality, shall maintain its system of records management whereby City documents are regularly cycled from active use, to inactive storage, to archival storage. The City shall designate an archival storage facility for said purpose. ; These documents should at a minimum include the records of the City decision-making bodies, including ttre Ciry Council and all commissions and public meetings or hearings. Other records should include the logs of the Police and Fire Departments, the PIP Deparrnent maps,.plats, and other documents that will help plot the history and development ofi Folsom. Copies of the Department of Parks and Recreation flyers, brochures, and memorabilia should also be archived.

To educate the public about these resoarces through intetpretation and exhibition in tlu expectation t'lwt kruwledge will result in a greater rupect fr, recognition of and appreciatton of these resources
The City of Folsom shall recognize and support the,important.role of education and promotion in meeting its goals of preservation and protection Fufther, the City shall recognize and support the importance of our heritage in the economic and cultural development ofi the community. The City shall suggest ways to make information about the resource interesting and readily available to the public and to promote tourism.

To promote F,olsom's history through tourism and local prograns in tlu hopes of enriching the city through cul,tural, and economic development.

The City shall continue to promote its cultural resources through tourism, even$, and special programs. The Cily shall also cooperate with local historical interest groups to meet all the goals of the Historic Preservation Master Plan. 5

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Cultural Resources InventorY
. P.rocesses fo App.ling to and M,ainlaining tlu Inventory A Cultural Resources Registration or Nomination Form shali be completed and, . submitted to the PIP Department staff for consideration. The PIP Department shall apply the criteria above in determining whether or not the resource appea-rs to be .itgmt. for the Inventory. The PIP Department shall then submit all applications with their recommendations to the Historic District CommissionThe Historic District Commission shall then consider the application and determine if it is eligible for listing on the Inventory. If an application is determined ineligible by the committeq, the applicant may appeal to the City Council for consideration' i Responsibility for.maintaining the.inventory.willbe assigned to the Historic District Commission. PIP staff shall provide staff support to this committee. New additions to the Cultural Resources lnventory shalt be forwarded to the Planning Commission for consideration in actions before that commission. PIP shall be responsible for notifying the Planning Commission of any culnrral inventory listings in active project areas as part of its normal staff report to commissioners.

Listing on the City of Folsom Cultural Resources Inventory does. not grant any special privileges olimpose any restrictions on private pfoperty rights. Rather it recognizes the resource as significant in Folsom's cultural and historical heritage and may assist . the property owner in obtaining awards or financial benefits from outside agencies.

Listing may also grant a priority to a resource in applying for City of Foisom Redevelopment Agency funding'for preservation or promotion. Listing may also provide for application of the more flexible Historic District Building Code to itro"tur.r outside the Historic District, if the owner of the property so desires.

PIP shall notrt the owner of the resource that it is being considered for nomination to the Inventory. The owner shall be provided with a copy of the application and given 90 days to conment on the nomination. No property shall be listed on the Inventory over the notarized objection of the owner. However, properties may still be registered as eligible for the Inventory.

Public Education
The City shall make available to the public free of charge a general information handout on the City of Folsom Cultural Resourbe Inventory, iS impacts, and procedures for distribution to the general public (see Appendix B for example). tfr" City shall also make available free of charge an instructions packet for individuals interested in nominating a resource to the inventory.
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Mapping
A map indicating the location of the resource shall be submitted with the nomination or registration form. In order to establish standardization of the inventory and to avoid confusion, the applicant shall use the most current USGS 7.5' (minute) series topographical quadrangle map with the resource indicated in pencil, not ink :; Coordinates of the resource shall be written in the margin of the map.

Identification
Identification of the resource shall be accomplished using the nomination form, inventory, USGS map, and photographic documentation Black and white photographs and negatives shall be submitted to the PIP once a resource has been accepted to,,the inventory.

ADDITIONAL RECOMMENDATIONS FOR IMPLEMENTING TIIE

GOALS AND ORIECTIYES
General Public Education
A coordinating council/committee could be established to follow upon the implementation of these recommendations. Said council/committee would be representatives from the various historical groups ard possibly city staff. This body would seek to coordinate the efforts of their representative groups by reporting upcoming events, issues'and concerns and hopefully coordinating event planning and mutual support.

Initiate Historic Tours. The Department of Parks and Recreation could instinrte periodic tours of the following: historie district residences, historic cemeteries, river-front nature trails in the following segments (l) from the zoo to the rainbow bridge focusing on the geologic history of the ravine, the nanrral botanical array, and the ditch and canal; (2) from the powerhouse to Lake Forest Caf6 or Willow Creek Park access focusing on the,Nisenan history, Chinatown history, Negro Bar mining town, Texas Hill mining town, placer bedrock sluicing and Natoma Company dredging tailings; (3) from Rainbow Bridge east along the bike trail on the north bank discussing the original toll bridges, the Stockton Flour Mill, Folsom Prison, and Folsom Dam. Similar tours conducted in kayaks or canoes could be developed on Lake Natoma in the same general configurations in conjunction with kayak rental facilities already in operation at Negro Bar State Park. o Install a Historical Display Area in public waiting areas or lobbies of Ciry Hall for changing historical exhibitions and notice of upcoming historical promotion events. a
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r Organize Folsom History events commemorating significant periods in Folsom's history (i.e. inauguration of the SVRR, etc.). Themes could change annually (i.e.

Chinese history year, railroad history year, etc.) or be fixed (founding of Folsom City) and could include an historical theme parade, like the former Pioneer Days putiA.. Schools, community groups, and residential subdivisions would be encouraged to enter floats and ent;ies with a theme relevant to the history ot, Folsom.
. Encourage local merchants and restaurants to name products and menu items after specifrc or general aspects of Folsom's past (i.e.: the Leidesdorff Burger, etc') . Install vista points at various overlooks in Folsom such as at top of Folsom Point (formerly Oitce S) entrance looking south and southeast, another at the Folsofn Dam Overlook, another near ttre new nilir school site, also at the Rainbow Bridge/ Historic Trestle Bridge site'
. Create and distribute public brochures, signage, and other materials for public information.
. New development street and project names should, if possible, have an historical linkage to the project area under development. {hese could be ranch names, local ditch or mhid siie names, historical personages, or general historical land use of the area.
. Establish Historic District Signage, such as a standardized program for residents of the historic district to apply to the City for a bronze or some other kind of sign identifying the history of their house. These would be keyed into a walking tour brochure, self-guided
r Develop a Ranch Center at the.Broder Ranch property., Move historical buildings ,., from thi Wilson Ranch ro this center for historical interpretationiliving history of -" Folsom's cattle ranching, farminglagricultural, and rodeo history. Site could also develop equine center for recreation and historical interpretation. o EsUblish appropriate archival storage facility for record storage Youth Programs
r Establish essay conrests, like a local history day'program, judged by City officials and awarded through a monetary scholarshii or award and plaque ($tOO or less).

The winning essay could then be published in the Folsom Telegraph, the City of Folsom Newsletter, or some other local periodical.
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a Consider creating an Official Folsomite Card program: This program is designed to engage families (the greater majoriry of new Folsom residents) ih actively learning about Folsom's history together. Children participating would ask the Department of Parks and Recreation for an application to become an official Folsomite. The application would include a general knowledge test and a list of historical sites in Folsom with a check-off list. The child would be required ro pass the general knowledge test and visit three local sites of historical interest. The signature of an adult, either a parent, museum personnel, etc would verify visits. The test and visit list would then be returned to the Department of Parks and Recreation. The child would receive a business card-size "Official Folsomite" card and thereby become card-carrying Folsomite. This activity would encourage parents to spend their limited leisure time actively learning about Folsom.
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05/10/2022 Item No.18.

APPENDIX A
DETERMINING ELIGIBILITY FOR CITY OF FOLSOMCULTURAL RESOURCES II.MNTORY

05/10/2022 Item No.18.

DETERMINING ELIGIBILITY
ln order to be listed on the inventory, resources need to meet a level of significance within Folsom's history. By adopting the Secretary of the Interior's standards for the National Register of Historic Places to a local level, it is possible to establish a bet of criteria for inclusion on the inventory.

Cultural resource significance is evaluated in terms of a resource's eligibility for listing in the National Register of Historic Places (36 CFR 60.6 [48 R 463060 as outlined below.

The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local 1 importance that possess integrity of location, design, setting, materials, workmanship, feeling, and association; and,
r That are associated with events that have made a significant contribution to the broad pattern of our history; or
. That are associated with the lives of persons significant in our past; or o That embody the distinct characteristics of a type, period, method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or;
o That has yielded, or may be likely to yield, information important in prehistbry or history.

Sites younger than 50 years, unless of exceptional importance, are not eligible for the National Register.

An integral part of assessing cultural resource significance, aside from applying the above criteria, is the physical integrity of the resource. Prior to assessing a resource's potential for listing on the National Register, it is important to understand the subtleties of the seven kinds of integrity mentioned above. To summarize a National Park Service (NPs) bulletin, entitled Hw to Apply tlv N,ationnl Register Criteria fiir Evalaation (1991:44-48), the types of integrity are defined as:

Location is the place where the historic property was constructed or the place where the historic event occurred;
Design is the combination of elements that ireate the form, plan, space, structure and style of a property,'
a Setting is the physical environment of a historic properfy;

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M,alerials are the physical elernents that were cornbined or deposited during a particular period of time and in a particular Pattern or configuration to forma historic property;
Wor.kmanship is the physical evidence of the crafs of a particular culture or people during any given period in history or prehistory; i
F,eeling is a property's expression of the aesthetic or historic sense of a particular period of time; uid
Association is the direct link between an important historic event or person and a historic property.

Integrity is based on significance: why, where, and when a property is important. Only after significance is fully established is the issue of integrity addressed. Ultimately, ttte question of integrity is answered by whether or not the property retains the identity for which it is significant. A resource must have at least two types of integrity and meet ong of the four criteria-listed above in order to quali$ for the Cultural Resources Inventory.

NOTE:

Guidelines and further information for determining what is or is not culturally significant are available through the National Park Service in Washington, D. C. and the State Of,fice ofi Historic keservation in Sacramento. Using these guidelines, the Commission shall seek to apply the standards at the local level, not at the national or state level, of significance. The applicant should be encodraged to seek state or national recognition if they feel the property merits that consideration.

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APPENDIX B

INFORMATION PACKET

FOR GENERAL DISTRIBUTION

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THE CITY OF FOLSOM
CULTURAL RESOURCE IIWEI\TORY

PURPOSE AND PROCEDURES

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TABLE OF CONTENTS
Introduction
o What is the Cultural Resource Inventory?
r Questions and Answers
The Nomination Procass
o "Procedures
. Appeals and Removals
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05/10/2022 Item No.18.

Introduction
W,lut is thc Cultur'al, Resources Lnventory?
The Cultural Resources Inventory is a guide to the Ciry of Folsom's significant historical and archaeological resources.

The City of Folsom has designed this program for use by private groups and citizens to identify, evaluate, register and protect Folsom's cultural resources:. lhe Culnrral Resources,Inventory program encourages public recognition and protection of resources of architectural, historical, archaeological and culnrral significance, identifies historical resources for City planning purposes and determines eligibility for Redevelopment Agency preservation grant funding. a
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Questions and Answers
W,lwt protection d'oes listing in the Cultur,al Resources Lnventory ffier? Listing in the Inventory does not guarantee that a resource will not be preseived.

Projects that will affect resources may be subject to review pursuant to the California Environmental Quality Act (CEQA). All projects carried out by public agencies are subject to environmental review (require preparation of an environmental impact report) as are projects involving privately owned properties when a permit or review is required. For questions related to a specific resource and CEQA review, please contact the local govemment or state ageney with jurisdiction over the project.

How d'oes the Lnventory defirc a cultunal resoarce?
For the purposes of listing, a "cultural resource" includes, but is not limited to, any object, building, structure, site, area or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, education, social, political, military or cultural annals of Folsom. Historical resources may be eligible for listing in the inventory if they satisff the criteria established by the City of Folsom for this program.

W,fnt are t,he criteria for listing a resource in tIrc Lnvento:ry? While the significance criteria for the Inventory is similar to that used by the National Register of Historic Places and the California Register of Historical Resources, this inventory will document the unique history of Folsom. The resource must
Be associated with events contributing to the broad patterns of Folsom's history and culture;
Be associated with historically important people;
Embody distinctive characteristics of a type, period, region or constnrction method, or represent the work of a creative individuaf; or Have the potential for yielding important information in Folsorn's history or prehistory.

Resources may be added in two ways:

Some are automatically eligible, including those determined eligible for the National Register of Historic Places, the California Register of Historical o
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z)
3)
4)
How does a resou.rce become listed, in the Invent.ory?
1)
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2)
Resources, and California State Historical Landmarks pertaining to Folsom and its historical sphere of influence.

Other resources can be nominated to the Inventory by private organizations or citizens.

Does listing on the Lnvent'ory afifd properxy rights?
o Listing on the City of Folsom Cultural Resources Inventory does not grant any speciai privileges or impose any restrictions on private Property rights. Rather it recognizes the resource as significant in Folsom's cultural and historical heritage and may assist the property owner in obtaining awards or financial benefits from outside agencies. iisting may also grant a priority to a resource in applying Tor City of Folsom Redevelopment Agency funding for preservation or promotion. 'Listing may also provide for application of the more flexible Historic District Building Code to srructures outside the Historic District, if the owner of the property so desires'
Cultural resources nominated to the Inventory may not be listed over the written notarized objection of the property owner' However, a resource whose owner objects to tlre listing may still be formally determined eligible for the Inventory. properfy owners must be notified, sent a copy of the nomination and provided the opportunity to comment on the nomination. Property owners may speciff that specific records of their property be confidential and not for public distribution.

W'lnt are thc benefits of being listed in the"I'nventory? The Historic Building Code may be applied when the use of the Uniform Building Code threatens the historical integrity of a resource. Also, resources included on the lnventory will receive priotit| consideration for any funds available from the City of Folsom for historic preselvation. Further, City of Folsom staff shall include a resource's eligibility to the inventory in its reports to Ciry Council and all other decision-making bodies.
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where do I get, more infrormation on historical resources? Further information about historical resources in Folsom can be obtained from the Folsom History Museum and Folsom Historical Society, the Folsom Chamber of Commerce, the Folsom Railroad Museum, the Folsom Prison Museum, and the Folsom Power House. These resources can also direct you to other agencies, museumg and repositories available in the region.
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The Nomination Process

PROCEDURBS
Cover Letter
A cover letter must be submitted with the nomination and rnust include the names and addresses of the applicant and ttre resource owner, along with a concise statement of significance. The statement of significance should clearly list the justification for the irnportance of the historical resource.

Nomination Submission
The application'shall be submined.to:the City of Folsom Department of Planning, Inspections, and Permitting @IP), who will then review the documents for completion and apply the criteria to the application. PIP wilt also notify the resource owner within 30 days of receipt of the application. After the 90-day waiting period for owner comment, or as soon as comment is received, PIP will then forward the application and comments, along with its recommendations, to the Historic District Commission.

The Historic District Commission will then consider and determine the resource's eligibility for inclusion on the.Inventory,
City of Folsom Review
The applicant, owner, interested parties, and the general public will be notified by PIP of time, date and location where the Historic District Commission will consider and determine the resource's eligibility. Notification will be sent at least 21 days prior to the hearing and decision. Following the hearing and decision, notification letters will be sent within 45 days to the applicant and owner(s) informing all entities of the Commission's decision and of procedures for requesting an appeal.

PIP will notify all resource owners of the nomination within 30 days of receipt of the nomination. If the resource owner objects by notarized letter to the nomination, the resource cannot be listed in the Inventory, but can still be formally determined eligible for listing by the Historic District Commission. a
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Appeals and Removals
Request for Appeal
. Request for an appeal must be made to PIP in writing within 30 days of ther ' Commission's decision. Onty an error in the facts presented or an error in judgement by the Commission may be grounds for an appeal' Within 60 days of i..iipt of a request for an appeal, the Commission wiil advise the applicant if it will consider the requesr and, if so, the time and place where the hearing will take place.

If the request for an appeal is denied, the applicant may make one final appeal in public hearing before the City Council.

Removal f,rom the InventorY r'
ihe Historic District Commission or its successor may remove a resource from the Inventory if the resource, through demolition, alteration or loss of integrity, has lost its historic qualities or potential to yield information or if new information or analysis shows that the resource was.not.eligible at the time of its listing. Requests for removal musr be made to the Commission in writing and must include a detailed justification for removal, photographs, other documentation regarding the current tondition of the resourqe, and complete ownership information' Requests for removal are subject to the same notification and Commission hearing process as those for nomination.
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APPENDIXC

CITY OF FOLSOM
;

CULTURAL RESOURCES INVENTORY
REGISTRATIOI\ FORM

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.CITY OF FOLSOM CULTURAL RESOURCES INVENTORY
.EGISTRATION FORM

1. Name of PropeftY
historic name:
other name/site number

2. Location
street & number: D not for publication
city/town: Folsom I vicinitY
state: Calif ornia code: CA county: Sacramento zip code: 95630

3. City Agency Certification
As the designated authority under the City of Folsom Master Historic Preservation Plan ol 1998, as amended, I hereby certify that this E nomination E request for determination. of eligibility meets the documentation standards for registering properties , in the City of Folsom Master Historic Preservation Plan and meets the procedural and professional requirements set forth in -*. -, ln my opinion, the prope*y n meets E does not meet the City of Folsom criteria.* recommend that this property be considered significant E nationally El statewide tr locally. (tr see continuation sheet for additional comments') Signature of certifying official Date
City agency and commission
ln my opinion, the property E r""t" fl do"s not meet the City of Folsom criteria. (D See continuation sheet.) Signature of commenting or other official Date
City of Folsom agency and commission

4. City of Folsom Certification
I hereby certify that this property is:
tr entered in the Cultural Resources
lnventory
E See continuation sheet.

E determined eligible for the Cultural
Resources lnventory
El See continuation sheet.

E determined not eligible for Cultural
Resources lnventory
E removed from the Cultural Resources
'lnventory
Et other (explain):

Signature of Keeper of the lnventory Date

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5. Classification
^wnership of Property
reck as many boxes as may apply)
n private
n public-local
tr public-State
tr public-Federal
Category of Property
(check only one box)
building(s)
district
site
structure
object
Number of Resources within Property
Contributing Noncontributing
Number of related multiple property listing
(Enter "N/A" if property is not part of a multiple property listing) buildings
sites
structures
objects
Total
Number of contributing resources previously listed
in the Cultural Resources lnventory
f]
n
tr
tr
tr

5. Function or Use
Historic Functions
(Enter categories from instructions)
Current Functions
(Enter categories from instructionsl

7. Description
Architectural Classification
(Enter categories from instructions)
Materials
(Enter categories from instructions)
f oundation
roof
walls
other
Narrative Description
(Describe the historic and current condition of the property on one or more continuation sheets.)

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L statement of Significance
Applicable Gultural Resources Inventory Criteria
,lark "x" in one or more boxes for the criteria qualifying ihe property for Cultural Resources listing.)
A Property is associated with events that have
made a significant contribution to the broad
patterns of our history.

B Property is associated with the lives of
persons significant in our past.
c Property embodies the distinctivo
characteristics of a type, period, or method of
construction or represents the work of a
master, or possesses high artistic values, or
represents a significant and distinguishable
entity whose components lack individual. .
distinction.
tr D Property has yielded, or is likely to yield,
information important in prehistory or history.

Criteria Considerations
(Mark "x" in all the boxes that apply)
A owned by a religious institution or used for
religious purposes.

Areas of Significance
(Enter categories from instructions)
Period of Significance
n
Significant Dates
Cultural Affiliation
Architect/Builder
n removed from its original location.

E]
E]
u
D
a birthplace or grave.
a cemetery.
a reconstructed building, object, or structure.
a commemorative Property
less than 5O years of age or achieved
significance within the past 5O years.

Narrative Statement of Significance
(Explain the significance of the property on one or more continuation sheets.) B
c
D
E
F
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9. Major Bibliographical References
Bibliography
"ite the books, articles, and other sources used in preparing this form on one or more continuation sheets.) Previous documentation on file (City): Primary Location of Additional Data:

E preliminary,determination of individual listing has
been requested
I previously listed in the National Register
fJ previously determined eligible by the National
Register
fl designated a National Historic Landmark
E recorded by Historic American Buildings Survey
#
f] recorded by Historic American Engineering Record
#
E State historic preservati
fl otn"r state agency
fl Federal agency
I Local government
fl University
I otn"t
Name of Repository:
on office

10. Geographical Data
Acreage of Property
UTM References
{Place additional UTM references on a continuation sheet.) Zone Easting Northing
Verbal Boundary Description
tDescribe the boundaries of the property on a continuation sheet.) Boundary Justification
(Explain why the boundaries were selected on a..continuation sheet.) Zone Easting Northing
D S"" continuation sheet

11. Form Prepared By
Narne/Title:

Street & Number:

Organization:

City or Town:

Date:

State:

Telephone:

ZlPz

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CITY OF FOLSOM

CULTURAL RESOURCES INVENTORY

CONTINUATION SIIEET FOR ADDITIONAL INFORMATION
Section number- Page#- Properfy Name
SAMPLE

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APPEI{DIX D

CITY OF FOLSOM
PRELIMII{ARY CULTURAL RESOURCES
INVEJ\TORY

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CITY OF FOLSOM

PRELIMINARY CULTURAL RESOURCES INVENTORY
(Numerical Index to Cultural Resources Map)
Ethnographic Features - Native American
l. BRM locations along American River below Rainbow Bridge Historical Buildings/ Structures/ Features - Transportafion-Related

2. Sacramento Valley Railroad Gradg factual date 1855

3. Granite Block Culvert beneath Folsom Boulevard near Willow Creek State Park, factual 1855 ;

4. Alder Creek Trestle

5. SVRR/CPRR turntrible'site on Railroad'Block, National Register Property, factual dates 1856, 1867,1900.

Archaeological deposits on Railroad Block, circa 1856-1870

6. Alder Creek Depot Building, circa 1890s
7 - Station Master's House near Wye Junction, circa 1920s

8. Ashland Depot, National Register Property, circa 1860s 9- Folsom Depot, National Register Property, facfinl 1906

10. Kinsey Bridge Abutments, circa 1850s

11. Rainbow Bridge, NRHP eligible, factual 1917
Steel Truss Bridge, factual 1983-1930

12. Sacramento, Placer and Nevada Railroad ROW, factual 1862 Railroad grade along Oak Avenue Parkway near Cascade Falls

13. California Central ROW, Folsom to Lincoln Railroad grade Wye junction at Bidwell and Folsom Bouh':arC

14. 15.

16. 17.

Ashland townsite
Placerville and Sacramento Valley Railroad ROW
Folsom pam
Stone'building remnants
Historical District Cultural lArchitectural Resources

18. 19.

20. 2t.

Granite pillars from State Capitol grounds
Granite School, circa 1900
Figueroa Street Bridge, between Riley and l{ool, factual 1916 Sutter Street Historic Comrnercial District, 600-900 blocks of Sutter Street Historic Residential Area
Emma's L 'ta/-,

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26. 27.

Historical Cemeteries and Churches
St. John's Catholic Church, est. circa 1855
Trinity Episcopal Church, est. circa 1860
Landmark Baptist Church, est. circa 1855
St. John's Catholic Cemetery, established circa 1855
Odd Fellows and Mason's Cemeteries, est. circa 1856
Remainder of Lakeside Cemetery, est. circa 1850s
Chung Wah Cemetery, NRHP property, est. circa 1850s
Young Wo Cemetery, CHL, est. circa 1870s
Mormon Island Cemetery
Folsom Hydroelectric National Historic Landmark, CA-Sac-429H Powerhouse 1, NRHP Property, CHL, est. 1895
Po*erhouse 2, NRFIP Property, CHL
Twin Minesl Ctray Eagle Mine
Livermore sawmill foundation remnants and mill pond
Diversion Dam and Powerhouse, Folsom Prison
Canal (1.5 miles) and main Gates, Livermore operation
Gas plant archaeological remains, circa 1860
Granite Quarry, Folsom Prison
Other granite quarry sites
Aerojet and aerospace industrial operation

28. 29.

Previously surveyed'Structures:

30. a) 305 Scott Street, Cohn House, NRHP property, factual 1860, alt. 1895 ' b) 607 Sutter Street, original library, circa 1915
c) 701 Sutter Street, Murer Gas Station, circa 1920
d) 7Q7,709,711,713 Sutter Street, Commercial buildings, circa 1860 e) 977,921,923 Sutter Street, Chinese Laundries and residences 3 i. Stockton Flour Mill site and remnant foundations, circa 1856 32, Giuseppe Murer House
Historic Structures, IndustriaUEnergy
JJ.

34. 35.

36. Historic Features, Mining-related Resources

37. Walltown gold mines and ditch network

38. Natoma Ground Sluice diggings, Hwy. 50

39. Placer Sluicing pitq tailing piles, ditches and drains, Lake Natoma 40. Dredger Tailing Piles representative of diffi;rent dredging technology episodes

41. Natoma Water and Mining Company ditches and reservoirs 42. Mining adits and tunnel portals, Lake Natoma 43. Tate's (aka Teat's) Flat Ditch

44. Alder Creek Pump House remains

05/10/2022 Item No.18.

45. 46.

47. 48.

49. 50.

51. 52.

53. Negro Bar townsite, 1849-1856
Texas Hill townsite, 1849-1856
Prairie City townsite, 1850-1856
Mormon Island townsite, 1850-1945
Pratt Rock narrow-gauge railroad grade
Eucalyptus and olive grove experimental reclamation project property Willow Spring Hill Diggings
Humbug and Willow Creeks Mining Corridors
Hydraulie mining sites American River bike trail across from City Park Hydraulic mining areas
Negro Hill
Chinatown Site
Chinese mining site

54. 55.
s6.

Historic Struqtures, Sites - AgriculturallRanching-related

57. Broder Ranch Complex

58. Russell Ranch Complex(with old horse barn)

59. Smith Ranch

60. Wilson Ranch (1850s house and barn)

61. Olive Orchard east of Folsom-Auburn Road north of Oak Avenue

62. Salmon Falls townsite
Points of Local Interest

63. Natoma Grove

64. DredgeAlatoma townsite

65. Folsom Institute Site
66, Folsom High School (original HalVwing)

67. Rodeo Arena site

68. John Kemp House

69. Clarksville
Views, Viewsheds, and Landscapes
7T,
1)
Oak Canopy on Folsom Boulevard between Blue Ravine and Factory outlets Folsom Historic District from Greenback looking southeast.from northwest comer of Negro Bar State Park.

River and gorge looking upstream from Rainbow Bridge
River and bluffs looking downstream from new bridge
American River drainage from new high school site looking west.

73. Shoot-out site at Wool and Mormon Streets

70.

05/10/2022 Item No.18.

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05/10/2022 Item No.18.

Attachment 8
Public Comment Letters Received After the Aprtl26,2022
Hearing

05/10/2022 Item No.18.

Folsom City Council Meeting
edditional Information
Transmittal
MEETING DATE: 4/26/2022
AGENDA SECTION: Public Hearing
STAFF REPORT TITLE Agenda Item # 8- 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 atl20l Forrest Street
tr.ROM: Community Development Department
Staff is providing the attached additional information for the above-referenced agenda item. . Public comment letters received by Staff since the publication of the City Council staff report.

Instructions to staff: Deliver original and 30 stapled/double-sided copies to the City Clerk's Departunent; City Clerk's Department will distribute via email and hardcopy to City Council, City Manager, City Attomqt, and City Cletk' Updated: Jan 2022

05/10/2022 Item No.18.

April 20, 2022
Council Members
Opposition to the Lakeside Crematorium
Disagreement with Primary Use
My name is Dave Higgins and I oppose the crematorium
During the Historic District Commission hearing, O2-16-2022lgor Semenyuk stated the crematorium is an accessory to the existing cemetery, as does the memo from Helix dated 02-15-2022.
ln the Helix Memo dated 02-15-2022, page 3-4 states:
"ln this case, the cemetery is the primary or principal and the applicant is proposing a crematorium as an accessory use to the existing cemetery. As proposed, the crematorium would be subordinate to area, extent and purpose to that of the existing cemetery.

It would provide a service related to and supportive to the service already provided by the cemetery and the 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 such, a crematory can be considered as an accessory use subject to a CUP"
So when the cemetery reaches capacity for in ground burials and the mausoleum niches are full is the crematorium still accessory to the cemetery? lt is my opinion the crematorium will be the primary business immediately after approval. After more than 150 years of ground burials one would think the cemetery is full now.

I disagree. ln my opinion the crematorium becomes the primary or principal use.

Using lgor Semenyuk's data from his powerpoint presentation during the HDC hearing he states that:
7oo/o of California's population currently choose cremation as an disposition choice
54% of Folsom residents choose cremation.

05/10/2022 Item No.18.
ln a letter "Scope of Work - lnstalling a crematory" dated 02'27'2020, lgor Semenyuk states:
"Since 2019, the Gity of Folsom has an estimated 450 deaths a year and rising as the population increases. That is an estimated 300 cremation needed to be performed every year"
What these statements tell me is that cremations are increasing. Over 50o/o of Folsom residents are choosing cremations.
2019 data, 450 Folsom deaths a year with 54% (243) Folsom residents choosing cremations. lgor's estimate is 300 needed to be performed.

That leaves roughly 250 cremations from outside Folsom. Miller Funeral needs to import 250 corpses to the Historic District to fulfill the 500 cremations a year. Does Folsom want or need that kind of distinction? Living directly across from the cemetery I witness an estimated one funeral a week, 52 per year. Some of the funerals are ground burials, the others are placements in the mausoleum. I speculate all the burials and mausoleum placements are not Folsom residents. However, this is still a far lower number than 500 cremations per year.
lf the number of cremations exceeds the number of burials and mausoleum placements I believe the primary use becomes cremations. The cemetery is not the primary or principal entity anymore . Lakeside Cemetery becomes the accessory to the Crematory. As such, the crematory can not be considered an accessory; it becomes the principal and is not subject to a CUP. The Lakeside Cemetery does not have the ability or capacity to provide 500 burials or mausoleum placements a year. With the crematorium now becoming the new primary business I believe an environmental impact report (ElR) must be conducted.
lgor said they are running at a capacity of 500+ cremations a year now at some of their facilities. They are taking human remains from all over Northern California to their other facilities for processing. During the peak of Covid they received a temporary exception from Air Quality and were allowed to exceed the 800lbs a day,500 per year numbers and burn more human remains. lgor said Folsom needs a crematory so Miller Funeral Home can provide a necessary service to the community. What service and benefit is there when Miller Funeral Home begins importing human remains from the greater Sacramento Region to Folsom for processing? How does the Gity of Folsom and the residents benefit? The cemetery is tax exempt. I see no monetary gain for the City of Folsom. The only benefit is to Miller Funeral Home. There

05/10/2022 Item No.18.
are 16 other crematory businesses between Sacramento and Folsom. This is a very competitive industry. lgor is seeking that competitive advantage at the risk of Folsom residents.

Miller Funeral Home can find other locations outside the City of Folsom such as the commercial areas off Sunrise Blvd in Rancho Cordova, The lndustrial Park off Latrobe Rd in El Dorado Hills, and Aerojet lndustrial Park. There are other options. Miller Funeral Home does not want to invest in a practical manner. Miller Funeral home wants to go to the cheapest option, a metal tool shed.

Gonditional Use Permit FMC 17.60.040
The establishment, maintenance, or the operation of the use or building applied for will or will not, under the circumstance of the peculiar 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 improvement in the neighborhood, or to the general welfare of the City. (prior code 3122.04)
Thank You for your time and consideration
David Higgins

05/10/2022 Item No.18.

April 22,2022
Council Members
Opposition to crematori um
On Marcn 14,2022 on l-80 near Applegate a propane delivery truck was involved in an accident which resulted in I - 80 closure and nearby evacuations for t hours.

My Name ls Dave Higgins. I live in the Preserves neighborhood. I'm a reiired Fremont fire captain with 30 years experience, 10 of which I was assigned to the HazMat Response Team. Three years as a Training Officer.

I have a serious concern about the fire safety and egress in the neighborhood.

Miller Funeral Home wants to store 500 gallons of highly flammable propane on property. In two separate tanks.

Witnin fi -14 feet of a 19 ft. exhaust stack operating at over 1000 degrees' The Fire chief stated he didn't see a problem with this.

The problem I see with this is access and visibility
ln the Hazards Section of the Negative Declaration it states:
,nAs an existing facility Lakeside Memorial Lawn maintains adequate fire response infrastructure for both current operations and the proposed project."
I am curious as to what fire response infrastructure there is to control a fire involving 500 gallons of Propane.

There are no fire hydrants on the property.

The closest fire hydrant is 650 feet away on Forrest st.

The old metal shed is there to store tools and equipment.

05/10/2022 Item No.18.

What is the fire lnfrastructure? ls it a fire extinguisher?? ln section F Emergency Response or Evacuation Plan;
States
'nProject site meets the fire department standards for fire engine maneuvering, location for fire engine to fight fire, rescue access to the units ???, and fire hose placement to all sides of the building." I don't know what the statement "rescue access to the units" means. Storage units, apartment units????
Maybe staff or Helix can explain.

This statement was obviously wrltten before all the construction at the site.

This statement does not take into account the stored 500 gallons of highly flammable propane.

It does not take into account the automatic security gate at the entrance of the cemetery.

It does not take into account the metal security fence and locked gate surrounding the maintenance grounds.

It does not take into account the wooden fence hiding the propane tank pad.

It does not take into account the trees and shrubbery surrounding maintenance grounds.

It does not take into account the Dredger Tailing pile.

There is no emergency access to the propane tanks
ln my opinion, Emergency response and mitigation will be delayed.

Site access has become very difficult because of the obstacles created Fire personnel will have difficulty identifying the nature of the incident because of hampered visibility.

05/10/2022 Item No.18.

Due to the difficulty in ACCESS and VISIBILITY fire apparatus and other emergency vehicles will be parked or staged in the street.

This would effectively block egress out of the Preserves Neighborhood trapping the community.

The difference between the Lakeside Cemetery propane tanks and the propane tanks you see throughout the City is access.

The other tanks are approachable from 360 degrees and visible from far better distances.

An lncident involving one of these propane tanks would have early detection and timely 911 notification.

People can self evacuate.

These tanks are not within 13-14 feet of an 1000 degree ignition source These other locations create afar safer planning and firefighting environment.

My suggestion, should this proposed project get approved, would be to require the energy source be natural gas. lt would be extremely safer. The fuel is delivered underground and on demand. Removing the need to store 500 gallons of highly flammable propane gas near a 1000 degree exhaust stack. Natural gas would eliminate the need to have weekly propane deliveries in an already busy area, reducing the hazard further.
ln the'nEnvironmental Setting" section
There is a statement
The project site not located in or near a State Responsibility area or lands classified a "Very High Fire Hazard Zone"
This is misleading. The project's environmental setting is located right next to a State Responsibility area.

05/10/2022 Item No.18.

Though the State Responsibility area is not classified as a Very High Fire hazard it is next to the recognized City of Folsom Community Wildfire Area which makes it a fire exposure.

The Community Wildfire Protection Plan, dated 2013, states the area around the City Corporation Yard and the East Natoma Lake Trail is a high fire priority for fuel management. This was proven true a couple of years ago with a wildfire at the entrance to the East Lake Natoma trail and Young Wo Circle. All we needed was a north wind (red flag weather) to make that situation worse.

So it's true it is not in a Very High Hazard Zone. lt is near the City of Folsom High Fire Priority area. The threat of a wildfire is real. ln the webcast from the HDG hearing (at 1:34 minutes) The Fire Chief stated he had a hard time linking the evacuation wildland fire scenario and the Crematorium propane hazard scenario together.

The link is the location of the incident.
ln the wildfire scenario, the incident is in the back of the neighborhood and the evacuation is directed away from the incident, past the cemetery. With the propane scenario the incident is at the evacuation exit, and will be likely blocked by emergency vehicles.

There are serious issues related to fire and life safety.

Miller Funeral Home needs to review their business plan. lt would have been far cheaper to have originally invested in a zoned commercial site.

Possibly in a neighboring community, close the Folsom. lt would have protected the Miller Funeral Home Brand and Reputation from the frustration and anger fostered within this community and beyond.

Thank you for your time and consideration
Dave Higgins

05/10/2022 Item No.18.

From:
lo:

SubJect:

Date:

Attachments:

Elaine Andersen
losh Kinkade
FW: Please VOTE NO for the Lakeside Crematorium
Thursday, April 2L,2022 7:34:32 AM
sPq .pdf
From: Victoria Foster
Sent: Wednesday, APril 20, 2022 6:55 PM
To: Elaine Andersen <[email protected]>
Cc: Victoria Foste
Subject: Please VOTE NO for the Lakeside Crematorium
You don't often get email
CAUTION: This email originated from outside of the organizati recogn ize the sender and know the content is safe'
Learn wh)r this is important
on. Do not click links or open attachments unless you
Dear Elaine Andersen, APril79,2022
When the applicant first applied for the conditional use permit to start this new business - it was to bum 2bodies a day- no- it-'. already up to 4 bodies a day and the business hasn't even started. This application states ii is putting the crimatorium in an existing metal structure'.. a metal shed. They ui* ut" stating this is io help the growing demand for the community and of a religion where they need to be preient during the cremation. I don't see how anyone can feel at peace standing inside a metal shediike this during the burning of their family member. I've seen nicer Rubbermaid sheds in backyards. So what *o.rld be next with the increasing demand?? A bigger and newer building to be put in this historic cemetery? You give an inch - they take a mile -It's the wrong location - it needs io be in an industrial area. So how big will that number grow too? A business needs to make money to sustain and like with any business, what does their business plan look like? What are their 3-5-10 -20 -year forecasts and Frojections.? This business needs to be taken seriously and put in the proper place not just convenientlyplaced within a business he conveniently owns inside the historic dirt.i"t. iwith this demand-growing how would anyone know if ertra bodies aren't being cremated well Fast their allowed limit? You really think he's going to ask the city again for a license to increise the number of bodies to burn knowing what he's up against now? I don't think so! This b*i*r5 n""ds to be put in an industrial areathat can increase with the demand and if Folsom doesn't have the industrial area, well than the applicant needs to find the next best location for it.

Also, I don't think anyone can guarantee that the emissions from mercury and unknown metals from the buming bodies won't affecithe air we breathe. The air quality tests & data were done from the vicinity oithe 2 Sacramento airFort's- We are in a different geografhical zone than th-aJ' I'm not an expert but common sense needJto come into play -the homes in The Preserves/ Lake Natoma Shores urJ on the American River/ Lake Natoma which is up against the canyon bluffs. This waterway is filled with wild- life, kayakers, paddle boarders and the trails filled with runners, bikers and families on strolls and into the cliffs, oui protected bald eagles with 2 haby hatchlings. These massive sheer walls hold in the fog in the winter and smoke during fire season. How can you tell me it won't be *y dift"t"trt for eaih burning body that's be expelled into the air with poisonous mercury? Some days during winter when it's ioggy- we will be fogged in our neighborhood most the day - yet you drive out of our development and ll4 mile away it's clear and sunny. l

05/10/2022 Item No.18.

I and the neighbors are not coming to you as whiners and not just with the 'not in my neighborhood' mentality- we also come to you with facts. I'm a realtor for over 30 years and full time at Intero Real Estate services. Being next to a crematorium will absolutely affect our property values. As you know owning a house is a large investment and even more so a HOME where we live, breathe & raise our families. We as homeowners have purchased homes knowing a couple historical cemeteries were here, but not a business such as a crematorium - that's totally different. Some homeowners stated that they would feel compelled to move. This absolutely will affect our home values and eliminate a large number of buyers not only for health concerns, but yes, the creep factor.

Why should we have to uproot from our homes for fear of unknown health risks that no one can guarantee? And on top of that, lose tens of thousands of dollars and possibly even more with the way home prices are going now in California, potentially lose a hundred thousand dollars or more compared to other areas in Folsom because we have a crematorium dropped in our neighborhood.

The real estate phrase that's been heard thru the years of "Location, location, location" is trumped in this ligation filled business of real estate where now Realtors chant to their clients "Disclose, disclose ,disclose".

The California Association of Realtor's have a mandatory disclosure form that must be included in every sale. It's the Sellers Prof'erty Questionnaite. I am attaching it to this email and I highlighted and indicated in 7 different paragraphs on this 4 fage document. This is where a seller would have to disclosure about this crematorium and its issues. It's not something to be taken lightly.

In the applicant's case study, they pointed out that there are other crematoriums next to residential homes, hut none are in a historic district. Pictures of those homes shown in the study looked vacant and abandon, cars were on the lawns, they were next to run down aFartment huildings and in 'mixed use: zoning areas. Nothing in comparison to the historic quality or Fricing of the neighborhood here or uF next to such beautiful trails and waterways.

We have two very important boards in Folsom-The City Council and The Historic District Commission. The lfistoric District already researched, heard the request from Lakeside Cemeterv, heard the City's response and turned down this request 6-1!!!! I'm asking there be unity with their decision and for the City Council to all be on the same page and support each other. One of the reason's we have a Historic Committee is to help uphold the history that makes Folsom quaint and unique.

As a realtor I talk to Families that love living here and ones that want to move to here- all for such reasons for the outstanding schools, for the trails & recreation ofboth lakes, the restaurants, shopping, for the family feel of the community, for the quaint historic feeling of Folsom. No buyer coming to Folsom has evet asked me, 'how is your crematorium here?' They come.. .. and they stay for the quality of life- not death.

Is a Crematorium needed? maybe . .. but not in an area that will affect hundreds of tax paying residents home values and more importantly their health values and of the community enjoying the downtown, river and trails. A crematorium needs to be placed in the proper area and zoningto be capable of the ever -increasing need and growth to come and not sacrificing the historic district and the living citizens of Folsom over the deceased.

Please vote No against this proposal.

Warm Regards,
Victoria Foster
Wo Circle. Folsom

05/10/2022 Item No.18.

Reminder: email is not secure or confidential. lntero Real Estate Services will never request that you send funds or nonpublic personal information, such as credit card or debit card numbers or bank account and/or routing numbers, by email. lf you receive an email message concerning any transaction involving lntero Real Estate Services and the email requests that you send funds or provide nonpublic personal information, do not respond to the email and immediately contact lntero Real Estate Services. To notify lntero Real Estate Services of suspected email fraud, contact:
f [email protected]

05/10/2022 Item No.18.
4 S):i#:,?L:i SELLER pRopERry QuEsfloNNAtRE
?r,
oFREALroRso (C.A.R. Form SPQ, Revised 12121)
This form is not a substitute for the Real Estate Transfer Disclosure Statement (TDS). lt is used by the Seller to provide additional information whglt g _TD_S is completed. lf Seller is exempt from compietinEj a TDS, Sell6r should compiete an Exempt Seller Disclosure (C.A,R. Form ESD) or may use this form instead:

NOTE TO SELLER: YOU ARE STRONGLY ADVISED TO CAREFULLY REVIEW THE DISCLOSURE INFORMATION ADVISORY (C.A.R. FoTm DIA) BEFORE YOU COMPLETE THIS SELLER PROPERry QUESTIONNAIRE. ALL SELLERS

OF CALIFORNIA REAL PROPERTY ARE REQUIRED TO PROVIDE VARIOUS DISCLOSURES, EITHER BY CONTRACT, OR BY STATUTE OR CASE LAW. MANY DISCLOSURES MUST BE MADE WTHIN CERTAIN TIME LIMITS. TIMELY ANd

THOROUGH DISCLOSURES HELP TO REDUCE DISPUTES AND FACILITATE A SMOOTH SALES TRANSACTION, Seller makes the following disclosures with regard to the real property or manufactured home described as 123 #ffi ''P"'3"j")jr"mnru,narp.+"FP
I. bns mioeEtTheEAf'#ffi-ar€ notiil iepleseirtatiohs of the Agent(s), if any, This disclosure statement is not a warranty bf any kind by the Setler or ariy agents(s) and is not a substitute for_any inspections orwarranties the principal(s) niay wish-to obtain. This disci-osure ii not intended to be part of the contract between Buyer and Sellei. Lidless-otherwise specified in writing, Broker and a_ny real_estate licensee or other person working with or through Broker ha-s not verified inidrmation provided by. Seller. A real estate broker is qualified to advise on real estate transactions. lf Seller or Buyer -
desires legal advice, they should consult an attorney. 2. N_g!e t9 Seller, PURPOSE: To tell the Buyer about known material or significant items affecting the value or desirability of the PropeFy an9 help to eliminate misunderstandings about the condition of tne eroperty. r Answer based on actual knowledge and recollection at this time" . lgln"tling that you do not consider material or significant may be perceived differently by a Buyer. o Think about what you would want to know if you were buying the Property today. r Read the questions carefully and take your t[me. o lf you. do not understand how to answer a question, or what to disclose or how to make a disclosure in response to a question, whether on this form or a TDS, you should consult a real estate attorney in California of your choosin!. A broker cannot answer the queetions for you or adrvise you on the legal sufficiency of any inswers or disclo'sures you pro=viOe. 3. {ot9 t9 puyer, PURPOSE: To givr5 you more iniormation about known niateriaior significant items affectingj the value or desirability.of the Property and help.to eliminate misunderstandings about the co.Oition-atlte Property. c Someth.ing th.at.may be material or significant to you may notbe perceived the same way by the Seller. . lf s.omething is, important to.you, be sure to put your conderns and questions in writing (C.A:R. form BMI). r Sellers can only disclose what they actually know. Seller may not know about all mat6rial or significant iiems. r Seller's disclosures are not a substitute foiyour own investig-ations, personal iudqments or corimon sense. 4. SELLER AWARENESS: For each statemeht below, ansfrer the'questioh 'rAre you (Seller) aware of...,' by checking- either "Yes" or "No." There is no time limitation unleis otherwise sirecified. Eiplaln any "Yesi' answers in the space provided or attach additional comments and check section {9.' 5. DOGUMENTS: ARE yOU {SELLER) AWARE OF...

Reports, inspections, disclosures, warranties, maintenance recommendations, estimates, studies, surveys.. or othe.r documents (whether prepared in the past or present, including any previoud transaction), pertaining to (i) the conditibn'or repair of the Propeity or any impro-vemeint'on this Properly in the past, now or proposed; or (ii) easemdnts, encroachmdnts-or boundary ilisputes S.ffqctilg the Property whether oral or in writing and whether or not provided to the Sel|er......,.... I Ves f tto Note: lf yes, provide any such documents in youf possession to Buyer.

Explanation:
w 6.
{ln general, an area once used for military training purposes that may contain potentially explosive munitions.)
G. Whether the Property is a condominium or located in a planned unit development or other common interest subdivision
b e02t, California Association of REALTORS@, lnc.

SPQ REVISED 12121(PAGE I OF 4) Buyer's tnitiats t
!ves !tto
Ives !tto
Seller's lnitials A
SELLER PROPERTY TION {oF
Intero Rerl E late Seryicq, 187 South J Sa Livermor€ CA 94550 phons: (925)321-0971 Fax: (923)371-650r vlctorh Fostcr Prcduc€d with Lne Wolf Transactlons (zipForm Edllion) 717 N HaMood St, Suite 2200, bailis, TX 75zot w.twdtrc6m E2l2 Newport

05/10/2022 Item No.18.

Fropeny Aooress:

H. lnsurance claims l. Matters affecting
past 5 years .......
title of the Property J. Material facts or defects affecting the Property not otherwise disclosed to Buyer K. Plumbing fixtures
Code S 1101.3...
on the Property that are non-compliant plumbing fixtures as defined by Civil Yes
Yes
Yes
[ves lruo
o
No
No
*? Explanation, or[ 1it checked) see attached; iql

7. REPAIRS AND ALTERATIONS
energy?
started or completed
(b) lf yes to (a), were such renovations done in compliance with the Environmental Protection Agency Lead-Based Paint Renovation Rule
ARE YOU (SELLER) AWARE OF..

A. Any alterations, modifications, replacements, improvements, remodeling or material repairs on the Property (including those resulting from Home Warranty claims) B. Any alterations, modifications, replacements, improvements, remodeling, or material repairs to fhe Property done for the purpose of energy or water efficiency improvement or renewable lves lt-to
!ves [ruo
Yes
Yes
Yes
Ives !ruo
[ves !ruo
No
No
No
Explanation:

8. STRUCTURAL, SYSTEMS AND APPLIANCES
A. Defects in any of the following past defects that have been repaired): heating, air the presence of polybutylene pipes), water,
, fireplace fou
conditioning, electrical, plumbing
(including
(including
AREYOU AWARE OF,..
[ves [ttto
sewer,
waste disposal or septic system, sump Pumps, well, roof, gutters, chimney ndation, crawl space, atiic, soil, grading, drainage, retaining walls, interior or exterior doors, windows, walls, ceilings, floors or appliances
The leasing of
system, water
An alternative
any of the following on or serving the Property: solar system, water softener purifier system, alarm system, or propane tank(s)
septic system on or serving the Property

9. DISASTER RELIEF,INSURANGE OR GIVIL SETTLEME ARE YOU (SELLERIAWARE OF...

10. WATER.RELATED AND MOLD ISSUES: ARE YOU AWARE OF...
affecting the Property or neighborhood
f,ves Itto
Ives f,tto
flves f trto
c.
l-lYes [l No
lves f tto
Explanation:

Financial relief or assistance, insurance or settlement, sought or received, from any federal, state, local or private agency, insurer or private party, by past or present owners of the Property, due to any aclual or alleged damage to thi Property arising from a flood, earthquake, fire, other disaster, or occurrence or defect, whether oinot"Jnv money ieceiu"o w:as aCtuatty uied to inake repairs Explanation:
l. Water intrusion, whether past or present, into any part of any physical structure on the Property; leaks from or in any appliance, pipe, slab or roof; standing water, drainage, flooding, underground water, moisture, water-related soil settling or slippage, on or affecting the Property ..,., B. Any pioblem with or infestation of mold, mildew, fungus or spores, past or present, on or affecting the Property
C. Rivers, streams, flood channels, underground springs, high water table, floods, or tides, on or Explanation:

11. PETS, ANIMALS AND PESTS:
any of the above .,
D. Pa'st or. pres"nt tteaiment'or
above

ARE YOU (SELLER) AWARE
l-l Yes
f-lves
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05/10/2022 Item No.18.

Hropero, Aooress:

12. BOUNDARI
A. Surveys, easements, encroachments or boundary disputes B. Use or access to the Properly, or any part of it, by anyone other than you, with or without permission, for any purpose, including but not limited to, using or maintaining roads, driveways # F-t or other /CJ Useofa
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14. 15. TTTLE, OWNERSHTP L|ENS, AND LEGAL GLATMS:

A. Any other person or entity on title other than Selle(s) signing this form .,........ B. Leases, options or claims affecting or relating to title or use of the Property C. Past, present, pending or threatened lawsuits, settlements, mediatio ARE YOU (SELLERI AWAR.E OF...
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E. Any PACE lien (such as HERO or SCEIP) or other lien on your Property securing a loan to pay for an alteration, modification, replacement, improvement, remodel or material repair of the Property
F. The cost of any alteration, modification, replacement, improvement, remodel or material repair of the Property being paid by an assessment on the Property tax bill Explanation:
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05/10/2022 Item No.18.

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Proposed construction, reconfiguration, or closure of nearby Government facilities or amenities such as schools, parks, roadways and traffic signals
Existing or proposed Government requirements affecting the Property (i) that tall grass, brush or other vegetation be cleared; (ii) that restrict tree (or other landscaping) planting, removal or cutting or (iii) that flammable materials be removed
Any protected habitat for plants, trees, animals or insects that apply to or could affect the Whether the Property is historically designated or falls within an existing or proposed Any water surcharges or penalties being imposed by a public or private water suppliet, agency or utility; or restrictions or prohibitions on wells or other ground water supplies ............,..

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{9. [ (lF CHECKED) ADDTTIONAL COMMENTS: The attached addendum contains an explanation or additional comments in response to specific questions answered "yes" above. Refer to line and question number in explanation, Seller represents that Seller has provided the answers and, if any, explanations and comments on this form and any aftached addenda and that sucli information is true and correct to the best of Seller's knowledge as of the date signed by Seller, Seller acknowledges (i) Seller's obligation to disclose information requested by this form is independent from any duty of disclosure that a real estate licensee may have in this transaction; and (il) nothing that hny such real estate licensee does or says to Seller relieves Seller from his/her own duty of disclosure.

Explanation: Q (.r<
Seller Date
Seller Date
By signing below, Buyer acknowledges that Buyer has read, understands and has received a copy of this Seller Property Question naire form.

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@ 202i, Californta Association of REALTORS@, lnc. Unlted States copyright law flitle 17 U.S. Code) forbids lhe unauthorized dlstribution, display 11d- leprcdqgtlo! 9J this form, or any portlon thereol by photocopy machine or any olher mbans, including facsimile or computerized formab. THIS FORM HAS BEEN APPROVED BY THE CALIFoRNIA nssbcnnoru or aiAIronsd. ruo nepResel.IrnrloN IS MADE AS To THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TMNSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TMNSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real €state professionals through an agreement with or purchase from the Califomia Association of REALTORS@. tt is not intended to identify the user as a REALTOR@. REALTOR@ is a register€d collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics' Published and Dishibuled by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiaryof the CAL,FOR^/,A ASSOCIATION OF REATIORS@ 525 South Virgil Avenue, Los Angeles, Califomia 90020
sPQ REVISED 12121 (PAGE 4 OF 4)
SELLER PROPERTY QUESTIONNAIRE (SPQ PAGE 4OF 4l
Producod with Lone Wolf Transactions (zipForm Edition) 717 N H€roood St, Sulto 2200, Dallqs, TX 75201 w.hflolflm 8212 Ncwport

05/10/2022 Item No.18.

Terrv L. Sorensen
lron.st Street
Folsom, CA 95630
Apf'l 15,2022
City Council
City of Folsom
50 Natoma Street
Folsom, CA 95630
RE: Lakeside memorial Lawn
Crematorium Conditional Use Permit
(PN-1e-182)
Hearing Date: April 26,2022
Dear Councilpersons
Applicant's request for the issuance of a C.U.P. allowing the operation of a crematorium on the grounds of Lakeside Memorial Lawn, an historic cemetery located in the Historic District, should be denied in light of the fact that such an issuance would be violative of the provisions and intent of Folsom's General Plan, Historic Preservation Master Plan, and Design and Development Guidelines.

The relevant provisions of these documents are summarized, below.

General Plan 2035
'.At the heart of the General Plan are 'Guiding Principles'that express the key values and aspirations of Folsom's futr,ue and act as guideposts for the goals, policies, and implementation measures contained within the General Plan." (Folsom General Plan 2035 fhereinafter, G.P.] I-15) The following Guiding Principles appear to be relevant and controlling in regard to the Lakeside C.U.P. issue herein under consideration:

1. Guiding Principle #17:Embrace the City's rich historic...heritage, preserving, restoring, maintaining, and enhancing heritage sites throughout the city;

2. Guiding Principle #18: Recognize and celebrate the cultural diversity and Folsom residents; and

3. Guiding Principle #19: Facilitate active and meaningful community participation...and actively seeking cltizen input in the decision-making process, ...guided by the public interest and... in maintaining and improving quality of life in Folsom. (G.P. I-18).

To ensure that City staffand decision-makers systematically implement the policies and proposals of the General Plan, State law since the early 1970s has increasingly insisted that the actions and decisions of a local govemmental entity concerning private projects it approves are consistent with the adopted general plan of that entity. Included in the list of those public entity actions which must be consistent with that entity's general plan are approval of development projects. G.P., IM-3,4).

Historic Preservation Master Plan
The Cultural Resources section of the General Plan (commencing at G.P., NCR-10) provides as follows: "The policies in this section strive to preserve and protect Folsom's historic character as well as Folsom's archaeological resources. Folsom has many cultural resources, most notably Historic Folsom...."

05/10/2022 Item No.18.

Following this introductory comment, the General Plan goes on to state (at NCR-11) under the heading Goal NCR 5.1 as follows: "Encourage the preservation, restoration, and maintenance of cultural resources, including buildings and site, to enrich our sense ofplace and our appreciation ofthe city's history." To assist in achieving this goal, the General Plan goes on to require that the City:

L Whenever feasible, require historic buildings and sites to be preserved (NCR 5.1.1);

2. Maintain an inventory of prehistoric and historic resources (NCR 5.1.2);

3. Nominate additional buildings and sites to the City of Folsom Cultural Resources lnventory of locally significant cultural resources (NCR 5.1.3);

4. Ensure compliance with City, State, and Federal historic preservation laws, regulations, and codes to protect and assist in the preservation ofhistoric and archaeological resources as listed in the City of Folsom Historic Preservation Master Plan (NCR1.\.\;

5. Strive to obtain Federal, State, and private funding incentives for maintaining and rehabilitating historic buildings and sites (NCR 5.1.5); and

6. Maintain and implement design and development standards for the Historic District (NCR

5.1.6).

The City of Folsom has adopted many master plans, strategies, and programs focusing City attention on various types... of development or geographic areas so as to provide... direction for City decision-makers... on how the General Plan will be implemented. Among such plans, strategies, and programs is the Historic Preservation Master Plan. (G.P., IM-5).

The Historic Preservation Master Plan (H.P.M.P.), though dated November 5, 1998, was adopted by the City on November 24, 1998. The brtroduction on page 3 of the Plan indicates that on March 25, 1997,the City Council authorized an ad hoc committee to develop a comprehensive historic preservation master plan. That committee began meeting on November 19,1997, and eventually created the Historic Preservation Master Plan together with a Preliminary Inventory of Cultural Resources (Appendix D thereto) to be presented to the City Council for approval and adoption.

As is relevant to the issues presently under consideration, the Preliminary Cultural Resources Inventory lists the following cultural resources:

Item No. 27: OddFellows and Mason's Cemeteries, est. circa 1856 Remainder of Lakeside Cemetery est. circa 1850s;
Item No. 28: Chung Wah Cemetery NRHP property, est. circa 1850s; ItemNo.29: YoungWo Cemetery,CIJL, est. circa 18870s; and Item No. 40: Dredger Tailing Piles representative of different dredging episodes.

The H.P.M.P. (on page2 of the Cultural Resources Inventory attached to the H.P.M.P.) states that the Cultural Resources Inventory is designed to serve as a guide to the City's significant historical and archaeological resources; for use by private groups and citizens to identify, evaluate, register, and to encourage public recognition and protection ofresources ofarchitectural, historical, archaeological, and cultural significance; and to identifu historical resources for City planning purposes.

Historic District Design and Development Guidelines

05/10/2022 Item No.18.

Further guidance on the issue of preservation of cultural resources within the City is provided in the Historic District Design and Development Guidelines. Specifically, Goal 2 of those Guidelines defines the City's objective for the preservation of historic sites as follows: "To maintain, restore, and reconstruct sites which represent the history of the Folsom area." Specific policies are provided to assist in achieving this objective, as follows:

Policy 2.1: Locally significant structures and sites should be identified and documented to facilitate their preservation or restoration;
Policy 2.2: The City should encourage National Register nomination for historic sites, as well as other historical designations by State or local agencies; and Policy 2.3: lnprioritizing proposed projects, preferences should be given to authentic restoration of historical buildings or sites.

Concluding Comments
Clearly, the City, by way of its creation of the above-described policies, regulations, and guidelines, has evidenced an intent to protect and preserve its historic cultural resources for the benefit of present and future citizens of the City, the County of Sacramento, the State of California and yes, even the nation as a whole. This is particularly true of those resources existing in the Historic District which include, of course, not only the Lakeside Memorial Lawn Cemetery but the immediately adjacent Chung Wah Chinese Cemetery and Dredger Tailing Piles and the nearby Young Wo Chinese Cemetery as well.

These historic/cultural treasures have all achieved local recognition as assets deserving preservation and protection and several have received County, State or National recognition as well, (Lakeside Memorial Lawn, Young Wo, and Chung Wah, respectively)- James A. Purcell, then Chair of the Sacramento County Cemetery Commission, opined in his letter to the City dated January 2,2003,that "the area incorporating Lakeside Cemetery Chung Wah Historic Cemetery and the California State Dredging Tailings Park is possibly the only site in the State of California that combines these important aspects of our heritage in one small area." He added that "Degradation of the historic value of the Cemetery by the addition of a crematorium would serve to lessen its cultural importance to the City of Folsom in Sacramento County." A similar letter from Dr. Bob La Perrier, Vice Chair of the County Cemetery Commission, voiced nearly identical sentiments but added that the Lakeside Cemetery Chung Wah Cemetery, and the Dredger Tailings preserve "is probably the onlv site in the State that combines these aspects of our heritage in one small area." (Emphasis added.) He added that it would be, "extremely unfortunate if additional negative factors, such as the installation of a crematorium, further impacted these historic cemeteries (i.e., the grouping of historic cemeteries presently comprising Lakeside)...the final resting place of so many of our pioneers and early settlers...." (Parenthetical added.) Perhaps the best recitation of the arguments in opposition to the crematorium C.U.P. in question is set forth in the Historic District Commision Staff Report created by City staff back in 2003. On page 4 of that Report, City staffsets forth the following Findings in support of its recommendation for denial:
..B. THE USE APPLIED FOR IS DETRIMENTAL TO THE HEALTH, SAFETY, OR GENERAL

WELFARE OF PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, AND

DETRIMENTAL OR INJURIOUS TO PROPERTYAND IMPROVEMENTS IN THE

05/10/2022 Item No.18.

NEIGHBORHOOD AND THE GENERAL WELFARE OF THE CITY BECAUSE THE

INTRODUCTION OF THIS USE WILL IMPACT THE HISTORICAL CHARACTER OF THE EXISTING CEMETERY AND HISTORICAL USE OF THE AREA.

C. THE CONGLOMERATION OF THE HISTORIC CEMETERIES, COMBINED WITH THE CALIFORNIA STATE DREDGER TAILINGS DATING BACK TO THE 1850'5, CREATEA

RARE COMBINATION OF UNIQUE CULTURAL RESOURCES THAT WILL BE IMPACTED BY THIS PROPOSAL.

D. THE USE OF THE PROPOSED PROJECT IS NOT CONSISTENT WITH GOAL 2 OF THE

DESIGN AND DEVELOPMENT GUIDELINES IN THAI IT DOES NOT MAINTAIN THE HISTORIC USE OF THE THE SITE. IN ADDITION, THE PROJECT DOES NOT FTIRTHER DESIGN AND DEVELOPMENT GUIDELINE POLICIES 2.1,2,2, AND 2.3 IN THAT:

1. COMMISSIONERS FROM SACRAMENTO COUNTY HISTORIC CEMETERY

COMMISSION HAVE IDENTIFTED THIS SITE AS LOCALLY SIGNIFICANT, AND

COMMISSIONERS INTEND TO PRESENT LAKESIDE CEMETERY TO THE

SACRAMENTO BOARD OF SUPERVISORS FOR DESIGNATIONAS AN HISTORIC CEMETERY.
.

2. APPROVAL OF A CONDITIONAL USE PERMIT FOR A CONTEMPORARY USE THAT

WILL JEOPARDIZE THE ELIGIBILITY STATUS OF THE SITE WOULD WORK TO

DISCOURAGE, RATHER THAN TO ENCOURAGE, NATIONAL REGISTER NOMINATION

3. BASED ON A LETTER FROM JAMES A. PURCELL, CHAIRMAN OF THE SACRAMENTO COUNTY HISTORIC CEMETERY COMMISSION DATED JANUARY 2, 2003, A CREMATORruM IS NOT A CONSISTENT USE WITH A HISTORIC CEMETERY.'' In summary both the law and the facts support a denial of the request for the C.U.P. sought herein.

The City staffagreed with that resolution of this matter in its 2003 ideation, and the Historic District Commission agreed with that determination in its decision of denial on February 16,2022. Itis respectfully submitted that the Council should follow the lead of both City staff(back in 2003) and, more recently, the Historic District Commission on the issue.

Respectfu lly submitted,
/sl
Terry L. Sorensen
email: City Councilpersons and City of Folsom Staff
[email protected]; [email protected]; [email protected]; [email protected]; mkozlowski@,fo1som.ca.us; [email protected]; [email protected]; [email protected]; [email protected]; pj [email protected]

05/10/2022 Item No.18.

Terrv L. Sorensen
lnor.rst Street
Folsom, CA 95630
April12,2022
City Council
City of Folsom
50 Natoma Street
Folsom, CA 95630
RE: Lakeside memorial Lawn
Crematorium Conditional Use Permit
(PN-1e-182)
Hearing Date: April 26, 2022
Dear Councilpersons:

This memorandum is submitted in opposition to the request for the issuance of a C.U.P. allowing the construction and operation of a crematorium on the premises of Lakeside Memorial Lawn, a historic cemetery located in Folsom's Historic District.

This request should be denied in that the Historic District Commission, in conjunction with its denial of this request back on February 16,2022, based that denial, in part, on evidence presented establishing that the proposed crematorium would significantly degrade the historical significance of the Cemetery and the immediate adjacent Chung Wah Cemetery and Dredger Tailing Piles, all of which have been listed in the City's Historic Preservation Master Plan as cultural resources requiring special protection/consideration. Specifically, the finding enunciated by the Historic District Commission in support ofits denial reads:
"The use applied for is detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood, 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." Accordingly, the situation presented by the subject C.U.P. request falls directly within the prohibition set forth in Folsom Municipal Code, Section 17.52.690(D) which reads as follows:
ooWhether legally in place or not, a structure or feature which was not original may be deemed nonconforming if its existence..., in the opinion of the historic district commission, significantly degrades a locally significant strucfure or site."
That is exactly the determination the Historic District Commission has made in the situation presented by the C.U.P. request in question, and that determination should be final and binding.

Respectfully submitted,
/sl
Terry L. Sorensen
TS/dg

05/10/2022 Item No.18.
email: City Councilpersons and City of Folsom Staff
[email protected]; [email protected]; saquino@,folsom.ca.us; yk @61*-..u.ur; [email protected]; [email protected]; [email protected]; [email protected]; sj [email protected]; pj [email protected]

05/10/2022 Item No.18.

Mary Johnson
Circle Folsom CA
Dear Folsom City Counsel Members,
I am writing this letter to voice my concerns about the proposed construction of a crematorium behind my house, I am very much opposed to this construction. Per the study commissioned by the Cemetery owners I live in the area most affected by the potential emissions . My concerns are the devaluation of my property, the impact on air quality from toxins produced by burning bodies, a severe increase in fire hazards from propane tanks in a high fire risk area, impact on the surrounding wildlife and environment, and degradation of Cultural and Historic sites. Lastly the ability to enjoy my property and beautiful backyard without knowing I'm being exposed to cancer causing emissions such as Mercury and Hexavalent Chromimium.

I was much encouraged when the Historic District voted 6 to1 to stop the crematorium. These are the people who know our neighborhood and recognize the historic, cultural and natural resources present in this area. I do hope as City Counsel members you took the time to watch the hearing and consider the concerns presented at this meeting. I have not seen an issue galvanize our community in a unified opposition as the crematorium has done. The Historic District is the "Crown Jewel" of Folsom whose beautiful attributes - Lake Natoma, the State Park, the Bike trails and Sutter Street are featured prominently in allthe brochures promoting Folsom. Do you think a crematorium that can be seen from Folsom Blvd should part of our "Distinctive by Nature Slogan"?
ln my previous letters I did not address the Historic and Cultural aspects of our neighborhood but was exceedingly dismayed that Mr Semenyuk seemed to downplay the Historic significance of our area. One of his last comments during the Historic District was questioning if the cemetery even had a historic designation. I am concerned that he is the caretaker of this very historic place and He does not even recognize its significance. During the meeting much was made of the important Chinese artifacts and cultural sites located on the property. lt's location adjacent to a State Park and its zoning as open space.There was much information presented about how the crematorium would a major cultural affront to the Chinese ancestors buried there. But there was no mention of the significant number of Jewish graves present in the cemetery. From my research, cremation was traditionally prohibited by the Jewish faith, and only recently cremation has been accepted by a small minority within Reform Judaism. I doubt that the families of the Jews buried in the cemetery would be accepting of a crematorium so close to where their loved ones were buried according to Jewish Laws.

I am a retired RN who has worked in Oncology and Hospice. I have cared for patients prior to and during the death process.There are multiple medical implants, catheters, joint replacements and dental work that when cremated release toxic substances. Not to mention the toxic pharmaceuticals ( chemotherapy, radioactive pellets and multiple drugs)that remain in human tissues. My concerns about the cremation process is that all of the above will vaporize and release toxins into the air in our neighborhood.

Toxic air contaminants are the greatest threat to the health of the neighborhood. Per the helix report they are a "diverse group of air pollutants that may cause or contribute to an increase in

05/10/2022 Item No.18.
deaths or serious illness. TACs can cause long term serious health effects such as cancer, birth defects defects , neurological damage lung and respiratory issues. TACs can be carcinogenic or non carcinogenic". FOR CARCINOGENIC TACS THERE lS NO LEVEL OF EXPOSURE THAT IS CONSIDERED SAFE.

That is a direct quote from the Helix report. Yet they go on to state that there there will be two TACs that are of concern for health risks, Mercury and Hexavalent Chromium. These two substances are the "primary drivers of the health risks from crematory emissions". Mercury is considered a Non cancer chronic and acute health risk TACs. But mercury is known to be a potent neurotoxin and can cause developmental delays including decreased lQ in children. lt can also cause kidney damage. A report from the NIH website state that "Crematoria represent a significant source of mercury emissions to the environment". The danger with mercury is long term indirect exposure to the environment and the food chain. This is because mercury can accumulate in our tissues over time. We live in a neighborhood where we eat fruits and vegetables from our yards and people and wildlife ( including endangered Bald Eagles) catch and consume fish from lake Natoma. The Lake Natoma/ American River is a drinking water source for well over a million people.

Hexavalent Chrominum is a known Cancer causing toxic air contaminant. Prolonged exposure has been known to cause lung cancer. Per their air quality report they know that this TAC will be released into our neighborhood even though per their report there are no safe levels. ln the Helix report they stated that our area is particularly prone to air stagnation due to the bluffs and hills that act as a barrier to airflow and can trap pollutants causing them to become more concentrated. ln addition our neighborhood lies within the "Shultz Eddy". This eddy effect causes the wind pattern and pollutants to circle back southward further concentrating them.

Please take this into consideration, not only will the crematorium produce Toxic Air Contaminants but the geographical location prevents the dispersement of these toxins.

Fire safety is my next area of concern. Our neighborhood is surrounded on three sides by woodlands and brush, a urban wild land interface. I was on the Folsom Fire safe council in 2012 because I was so concerned about the dry brush and vegetation build up behind my home.

Because of our efforts, the area between our homes and cemetery was cleared. But unfortunately this brush clearing has not happened in 2 years. Not only that but the grounds keepers routinely toss trimmings and drag downed trees into that area. lt has created a extreme fire hazard that I will be reporting to the fire department. I am worried that the people who routinely create a worse fire situation by piling brush will be the same workers in charge of maintaining the safety of the crematorium.

My last concern is the devaluation of my property. I am retired and a widow and I will need to sell my house in the future to downsize and access the equity for future expenses. There is a very real impact on the desire-ability and value of my home to potential sellers knowing that there are cremations occurring yards a few hundred yards away. Who wants to sit by the pool and eat outside knowing they a breathing residue of human bodies being burned? Because of all the the above concerns please vote against building a crematorium in our neighborhood,
Thank you so much for your time,
Mary A Johnson

05/10/2022 Item No.18.

Photo of area behind my house at edge of Cemetery

05/10/2022 Item No.18.

From:

To:

Subject:

Date:

Elaine Andersen
Josh Kinkade
FW: Vote No on Lakeside Memorial Crematorium Appeal on 4/26 Thursday, April 21, 20227:34:24 AM
From: Mariko Peshon McGarry
Sent: Wednesday, APril 20, 20227:40 PM
To: Elaine Andersen <[email protected]>; [email protected]; Rosario Rodriguez <[email protected]>; Sarah Aquino <[email protected]>; YK Chalamcherla <[email protected]>; Mike Kozlowski<[email protected]>;Sari Dierking <[email protected]. us>
Subject: Vote No on Lakeside Memorial Crematorium Appeal on 4/26 5omepeoplewhoreceivedthisrnessagedon,toftengetemailuo'ELearnwhythisis irnportant
CAUTIQN: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe
Dear Members of the Council, City Manager Anderson, and Assistant City Attorney Dierklin, I write this letter with great concern about the Caring Services T.akeside Memorial Crematorium appeal to be heard by this body on Ap/rl26,2022.My concerns are rooted in the historical, raciit,and cultural implications this appeal has on so many of us that already experience underrepresentation in this community.

In attending the Historic District Commission meeting on February 16,2022 where the Commission voted to protect the historical significance and well-being of our unique community, I witnessed Caring Services Group's Igor Semenyuk comment on not wanting or asking to be recognized,by regional, state, and national entities as a historical site. I have since read his written comment in his initial appeal document, later elaborated upon beyond the official timeline, about residents being "biased." As you are likely now aware, the proposed industrial crematorium is to be located in close proximity to several publicly recognized historical sites. Mr. Semenyuk's statements have sent a clear message to the Asian American, and Chinese American community specifically, as well as the larger community that our cultural heritage, our property values, and our health is meaningless in the face of an opportunity for profit.

Caring Services Group has been clear from the first virtual community meeting n202I that this eifort is driven Uy ttre fact that cemeteries are a "dying business." What is missing in this business venture is the critical sensitivity and cultural competency that would reduce the consistent prejudice and minimizalionof racial history being enacted to support a business plan. Mr. Semenyuk can pretend the plaque provided by the Sacramento County Cemetery Adrrirory Commission to display Lakeside's historical designation does not exist, but I cannot pretend ihe shape of my
"yer
ure not of Asian descent. I cannot choose to have different DNA simply because-a local buiiness chooses to not recognize unique elements essential to honoring our coflrmunity's heritage. The fact that the historical designations of Lakeside Memorial Cemetery, the Chinesoburial site adjacent to Lakeside Memorial Cemetery, and the

05/10/2022 Item No.18.

Chan Wah Historic Cemetery are completely disregarded by Caring Services Group's proposed industrial crematorium disrespects and devalues the cultural practices that honor these historic sites.

I deeply value the six Historic District Commissioner's ftrm stand on protecting the "historical character of the existing cemetery and historical use of the area," and recognition of the dekimental fimpact the application has on] the health, safety, or general welfare of persons residing or working in the neighborhood." I respect the Commission's recognition of the historical evidence, documentation, and previous Planning Commission recommendations that the City has had access to for decades. As a pregnant Asian American woman who is raising a toddler in the Historic District, I felt we were seen. I felt that our concerns and fears about our history and future were heard. I felt represented.

Caring Services Group's appeal makes me feel discarded. It suggests that the sacrifices of our ancestors and founding community members are perceived to be irrelevant, as they do not garner a desirable profit margin for a private business. Overlooking the significance of the past in this way dehumanizes the present.

In a time of social and racial reckoning, the City of Folsom cannot afford to side with the face of cultural and historical disregard. Our City has much work to do to continue to recognize, repair, diversiff, and create equitable opportunities for our residents to live in a community that values their unique cultural backgrounds. A decision to support Caring Services Group's appeal would serve as a loud, public step in the wrong direction toward cultural, and potentially racial, systemmic discrimination. We cannot undo harm to history and to residents once executed and publicly supported. We cannot unknow the experience of being underrepresented by public figures once votes are finalized. The community will remember this.

Attending to a community's well-being as elected representatives involves more than ensuring natural and tangible resources are available and safe. As a governing body, there is a moral obligation to ensure that our marginalized communities are represented in the decisions that seek to protect where and who we came from, and what impacts our current quality of life in order to meet the future with a focus on diversity and equity.

As a tax-payer, I urge you to think beyond profit and local business relations on April 26th so that I may wake up my child on April 27thand,tell them that being an Asian American in the City of Folsom matters. That they have a place in this community that is deeply respected and honored by the elected officials making decisions that impact their life course trajectory. I would like to give bi*h to another child later this year without fear of what heavy metals I may have ingested on days when several bodies have been cremated while sitting in our front yard. I want this child to come home to a community without fear that their racial identity will be minimized by a business decision in the Historic District.

Vote no on the Lakeside Memorial Crematorium appeal. Protect History. Honor cultural significance. Support your Historic District Commission. Represent allmembers of the community and their desire to belong.

Sincerely,
Dr. Mariko McGarry

05/10/2022 Item No.18.

Due to limitation of resources and time, we unfortunately cannot supply further comments on the concerns reEarding the construction of a crematorium at Lakeside Memorial Park (Cemetery). You are welcome to use material we have submitted in the past, both recent and from several decades ago.

However, we would appreciate the following items be considered by Miller Funeral Home/Lakeside Memorial Park as a strong recommendation and a demonstration of responsibility for owning and maintaining a historic cemetery (cemeteries), well over 1/z centuries old.
1) Acceptance of the Historical Nature of Lakeside Cemetery (Memorial Park) and further documentation of its detailed history going back to the mid 1800's, both on its website and as a large interpretive sign on the Cemetery property, in addition to the placement of the aluminum signage we delivered years ago designating it as a Sacramento County Historic Cemetery.
2) Acceptance of the major significant of the Historic Chinese Cemetery in proximitY to Lakeside.
3) lf this has not been done, public access to an updated plot map of Lakeside, both historic and current.
4) Consideration of the construction of a retaining wall at the sloping area at the far back corner area both for stabilization and safety concerns.

Thank you for your assistance and support.

Dr. Bob LaPerriere
County Cemetery Advisory Commission
(voice)
(text)
U RL: http://www.coroner.saccou nty. net/sccac/Pages/defau lt.aspx

05/10/2022 Item No.18.

To:

Cc:

From:

Date:

I
daomce(Asacda.oro; Jeannie Lee; Eileen Sobeck; [email protected] Sarah Aquino; Lydia Konopka; losh Kinkade; Ihg_HEM; [email protected]; Countv of El Dorado Clerk ofthe Board; Rick Hillman; john.bAl![@WAlelbgAElS.Ca,gOy; Patrick Pulupa; Drew Lessard; ernest.conant(ousbr.gov; wade,[email protected]; [email protected]
Notice of incomplete legal compliance: PN 21-115, GP, Zone, Map changes in dark, Friday, April 22, ZO22 3tL4t49 PM
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subJectr
Attachm!nts:

This email originated from outside of the organization. Do not click links or open attachments unless you recognize the and know the content is safe.

TO: Folsom City Council Via Clerk, for distribution;
and for referral and Expert Reports from City Engineer, Licensed City Legal staff, and for city licensed civil engineers
lmpacted Region jurisdictions; State enforcers; impacted US agencies From: LJ Laurent
April222O22
Re: PN 21-115; County Parcel Number NOT shown; Changes Not shown; MAP NOT Shown; Proof of Compliance - none apparent; Surveyor/Engineer Cert of Compliance and Nature of change -- NOT shown
Folsom Comm. Dev. obviously does not make use of "city engineer" Krahn, who is subordinate to Ms. Johns, a non-licensed city employee. Who is conducting the Publics' Business at cityhall? Make that who is Mis-conducting and not being Open about our business? Comm Dev. person signed off on Public Notice which is just about 100% Deficient in Legal Compliance.

Although it is mind-numbing, below is a conglommeration of just a FEW of State Laws which city staff have violated, ignored, omitted, or been ordered to disregard -- or whatever else you have as explanation.

This include Total Disregard of using our CA Licensed Civil Engineer in residence as the Definitive expert to draw, examine, inspect, certify, and Determine Which State & federal & county PROCESSES must be observed, with certified papers filed, in order to be legally compliants.

The below citations will be totally Clear to an experienced, trained, and hopefully state-licensed Expert.

Too bad if it's complicated. The city & or its officials, or agents, or employees, or "beneficiaries" deliberately and without Public Hearings altered FMC. Look at the CommercialTable. It is a mess of incomprehensible check marks and lengthy columns/tables. lt can be Proved the city NEVER brought such nonsense to Public Scrutiny. We had a few council who served over 115 years total together. One still sits, but has relinquished CA state engineer license last year.

This is a pathetic mess, which appears designed to confuse, deceive, avoid Due Process, and achieve Land Usages which are NOT sufficiently SUPPORTED by lnfrastructure, Water Supply, and Public Comments, as well as Regional agency comments.

Complaint:

It is respectfully requested of Sacramento County District Attorney, County Assessor, and County

05/10/2022 Item No.18.

Recorder that they direct their fullest attention to the deficiencies noted below -- in no special order, since there are SO MANY.
lnline image
:Vi

05/10/2022 Item No.18.
lniine imige
l
)
First PROBLEM: This is NOT CONSISTENT with 2018 GENERAL PLAN, which shows "Regional Commercial" for the entire Parcel.

As REGIONAL, and at Hwy 50, HOW can this NOT be Subject to CEQA ??? Folsom is not legally defined as a "Region", but a "city."
Plan lS NOT consistent with FOlsom GP Map 2018, and it is "Regional Commercial." abutting Hwy

50.... "regional" is NOT SAME as "city".

As for Planned Dev. Zone - without showing the PD Map and Engineer Assessment of IMPAGTS on REGION, how can you do a rezone which VIOLATES General Plan without advertising and giving Notices and doing the Entire Legal Process under CEQA and other laws? Folsom RCC on Map/Gen Plan

05/10/2022 Item No.18.
lnline lmage
Note: there is NO Definition of RCC, just a jumble of inscrutable "stuff' which was obviously NEVER brought to Public Hearing NOR Public Scrutiny, Nor Sealed/signed with a Lic. Civil Engineers license"
Who is responsible for all this, aside from ci$ council who appear to "go along with stuff?"

05/10/2022 Item No.18.
n
HUGE HUGE PROBLEM: According to FMC 17.22etseq,
the TABLE does NOT AGREE with TEXT. Note in FMC, as photographed below, that in C3 Commercial, very heavy usage zone, the Footnote #7 states the STANDARDS DO NOT APPLY A. Commercial Use Table. The purpose of the commercial use table is to designate the uses permitted within the buildable area and within the yard areas in each of the following 2ones........

3. C-3, general commercial zone as further regulated in Section 17.22.05A of this chapter. The purpose of the C-3 zone is to designate areas appropriate for heavy commercial activities. While all types of commercial activities are permitted, the C-3 zone is intended for the highest-intensity commercial activities, which include heary auto and truck traffic. The C-3 zone should be located on major arteries and thoroughfares.

Perhaps FMC needs to include what an Engineer would know is required by higher Laws: that

05/10/2022 Item No.18.
tnii
STUDTES are Mandatory to ensure the "major arteries and thoroughfares" are not at Level F , or gridlock.

This location is on E. Bidwell, right at US Hwy 50 area. What are the lmplications of adding this new "PD, Planned Development" without even knowing the Subdivision Map itself, the uses, the IMPACTS on Region and neighboring jurisdictions??? What about Water Supply? A hotel uses far more water than a "big box retailer" who brings in tons of tax dollars.

Folsom Municipal Code
Link to another dumb "table" which obscures analysis and understanding. No licensed Engineer would provide this as sufficient for legal enactment.

Check link: the table says one thing but Note 7 contradicts the table. "not applicable" in fine print footnote.
ne rmage
E]
Commercial Use Table l17.22.O3OE}
Zone

05/10/2022 Item No.18.

Use, service or facility c-l c-2 c-3 BP
119 Hotel N 1
Woutd city engineer mind explainlng what lhis Table really means, and exactly WHY is General Plan lnconsistency wlth Proposed Use NOT Subject lo CEQA, with Notices, and Regional lmpacts circulated for comments? After all, according to CA GC, a licensed Civil Engineer MUST, he/she "shall" do the proposed Subdivision Map or Superuise & approve its production in Co]npliant Fom.

QUOTE: B. Permitted Uses Within the Buildable Area of Commercial Lols. A " " indi€tes that the described use is pemitted in the zone represented by the described symbol appearing at the top of the column- An "N' indicales that the described use is not permitted in the zone represented by the symbol appearing at th; top of the column. A number indicates that the described use is permitted in that zone upon continuing compliance of the special condition referenced by the conesponding number in Section 17.22.040 of lhis chapter. The special condition requlremenls govern the described use.

What "special condition requirements"??????
Where are they hidden?
APN #: there is now response when you enter the APN in search. But, Folsom Comm Dev omitted the APN for this proposed "subdivision."
Might city approve putting a 5 story hotel on just one acre? This city might. ls Water Supply certified adequate for such General Plan alterations without CEQA, and for Map Approvals without the Required Licensed Engineers' seal/signature?

05/10/2022 Item No.18.
nline image
Who regulates subdivisions in California? The Galifornia Government Code - Subdivision Map Act (GC Section 66410 et seq.) regulates the subdivision of real property. The Revenue and Taxation Code (RTC Section 1 1 51 1) also allows a County Assessor/ Tax Collector to subdivide a parcel and sell the "sufficient" part through a tax foreclosure auction.

19.76.010 - Purpose. sHARpRt NrcrctrtffiDggg[a]oF sEcTl oNS This Chapter establishes requiremehts consistent with the Act for certificates of compliance, lot line adjustments, parcel mergers, and reversions to acreage.

19.76.020 - Certificates of compliance.

GOVERNMENT CODE . GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.581 { Heading ofTitle 7 amended by Stats. 1974, Ch. 1536. ) DlvlsloN2.SUBDIV|S|ONS[66410-66499.401 (Division2addedbystats.1974,Ch,1536.) CHAPTER 2. Maps [60425 - 66'1501 ( Chapter 2 added by Sfats. 1 97 4, Ch. 1 536. ) !

05/10/2022 Item No.18.

ARTIGLE 3. Parcef Maps [6644i1 - 664501 ( Article 3 added by Stats. 1974, Ch, 1536, ) QUoTE --
The parcel map shall be prepared by, or under the direction of a registered civil engineer or licensed land surveyor. shall show the location of streets and property lines bounding the property. and shall conform to all of the following provisions:

There are LOTS of "provisions", which are not same as City FMC and Standards 'iprovisions." ln other words, CA STATE LAW CONTROLS EVERY MOVE YOU MAKE, city staffers. Take Note City Council.

Perhaps you need to File this first with Sacramento County Recorder and RE ASSESSOR Office, ALONG with the Licensed Civil Engineers Seal/Signature, all CEQA compliance & NOtices to regionaljurisdictions. This PN is a travesty, NOT a compliant Notice of

1. General Plan alteration ignored - but required.

2. No Lic. Engineers seal/signature of oversight, enforcement, planning, and mandatory Notices.

3. Gity is changing Zone District without using Mandatory public notice and Mandatory Processes.

4. City has no Proof of water supply, lnfrastructure, lmpacts on Regional Services such as Fire control, evacuation routes, and

5. NO comments from remainder of region and all higher or separate agencies serving Region, or Providing Utilities for this new use and Subdivision -

6. of which we know NOTHING at all.

Questions/comments welcomed. However, there is no way on earth I could explain how city gets away with this. There's water disaster afoot, 63 dead humans on city property, and the most secretive, jumbled set of "ordinances" enacted so secretly and without vetting, that one doubts anyone could explain it.

How does state administration and state governor tolerate this?

05/10/2022 Item No.18.

From:

Subject:

To:

Date:

Elaine Andersen
Josh Kinkade
FW: Vote No to Save Folsom
Monday, April 25, 20227:44:53 AM
From:

Sent: Sunday, April 24,2022 6:01 PM
To: Mike [email protected]>; Sarah Aquino <[email protected]>; YK Chalamcherla <[email protected]>; [email protected]; Rosario Rodriguez <[email protected]>; [email protected]; Elaine Andersen <eandersen @folsom.ca.us>
Subject: Vote No to Save Folsom
You don't often get email fromf Learn why this. is important CAUTION: This email originated from outside of the organization. Do not click link or open attachments unless you recognize the sender and know the content is safe
I urge you to vote NO on the proposed Lakeside Memorial Lawn crematorium.

My reasons include heritage, the air we breathe, long term health problems, and fire danger.

The proposed site is zoned Open Space. Our city of Folsom is Distinctive by Nature.

Let's work together to keep it that way.

I urge you vote to preserve this heritage, to preserve what sets our town apart from just another suburb of Sacramento. For ourselves, and for those who come after us The following points are briefly noted; you most certainly will have the background information to which I refer in the Historic District Commission notes, or in other concerned citizens' letters.

The area immediately adjacent to the proposed crematorium is of historical note to our community. The Chinese community has been instrumental in the development of our town, and We as a community need to continue to acknowledge those contributions, and grow that appreciation. Our neighborhood is adjacent to ancient Chinese burial grounds. lt is imperative that we respect our ancestors and our city's previous commitments.

The environmental reports presented earlier measured air quality near Sacramento Executive Airport, where almost every night the Delta breeze refreshes the air quality, and near Sacramento lnternational Airport. By design that airport is on flat land in relatively wide -open spaces, and birds are actively discouraged.

The City of Folsom, and especially our neighborhood, rarely if ever gets the Delta breeze. The air in our neighborhood, adjacent to the cemetery, gets trapped between the foothills, our town and the bluffs across Lake Natoma from us.

05/10/2022 Item No.18.
ln the summertime, we historically get forest fires in Northern California. lt is predicted we will get more fires and more frequently. Fire smoke gets trapped, and the AQI is such that we are encouraged to stay in our homes. We have had neighbors move because of the summer trapped smoke, and their inability to be active outside.

They moved so their kids could grow up where they can play outdoors.

Please consider that the proposed crematorium smoke and smell will contribute to this unhealthy atmosphere. And yes, there will be smoke, and there will be the smell of human flesh burning. This is the report of real people who have lived near crematoriums, not sales brochures. And there will be Toxic Air Contaminants (TACs) such as mercury vapor and hexavalent chromium, for which there is no level of exposure that is considered safe. According to the National lnstitute for Health "crematoria represent a significant source of mercury emissions to the environment." Mercury builds up in human tissue and causes developmental delays. There is a child care center five blocks from the entrance to our neighborhood. There are many young children playing in our neighborhood. We must protect them. Prolonged exposure to hexavalent chromium can cause lung cancer. Our community traps stagnant air; we must not risk contaminating the jewel of our Distinctive by Nature city by approving a crematorium. Once the crematorium would start burning bodies, the resulting air quality issues could and would make our air quality untenable. Please do not take that chance. Let's work together to keep Folsom Distinctive by Nature.

Perhaps you have seen the You Tube video demonstrating what happens when a propane tank malfunctions and blows up.(Search "propane tank explosion caught on camera.") lf you have not seen it, I encourage you to do so and to consider your responsibility to vote NO to make sure that does not happen in Folsom.

We do not need a fire in our community, where there is one way in, and one way out.

Yes, I heard the fire chief state they would open up the Leidesdorf access. I am not certain how fast that could happen and how quickly it could be communicated. I would like to avoid finding out by worst case scenario. Many if not most of us in this community have the bulk of our retirement savings in our homes. I would love to survive any fire, or course, but I am not willing to risk a fire that would destroy my life's possessions and memories.
ln April the trees are all green, plants are budded out, and a walk or a bike ride on the American River bike trail has us believing that it will always be so. Please before you vote consider the tinderbox this whole area becomes when the seasons change and the ravaging effects of our multi-year drought make themselves known again. We must keep our City of Folsom safe and Distinctive by Nature.

With all these potential risks, what could be worth voting any way but NO? Respectively I urge you to support the City of Folsom Historic District Commission and their 6-1 vote against the proposed crematorium. I urge you to vote NO to the proposed crematorium and keep our city Distinctive by Nature.

Thank you for your service and for your time

05/10/2022 Item No.18.

Wo Circle, Folsom, CA 95630

05/10/2022 Item No.18.

Deborah Grassl
Young Wo Circle
F cA 9s630
April22,2022
City Council
City of Folsom
50 Natoma Street
Folsom, CA 95630
2022 Lakeside Memorial Lawn
Crematorium's Appeal and this Appeal's
relationship to the withdrawn 2003 Lakeside
Cemetery Crematorium Proj ect
Dear Council Members
The Lakeside Memorial Lawn Crematorium Appeal should be denied based on the same Finding made by the Historic District Commission on February 16,2022: *B. THE USE APPLIED FOR IS

DETRIMENTAL TO THE HEALTH, SAFETY, OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE NEIGHBORHOOD, AND DETRIMENTAL OR INruRIOUS TO PROPERTYAND IMPROVEMENTS IN THE

NEIGHBORHOOD AND THE GENERAL WELFARE OF THE CITY BECAUSE THE INTRODUCTION OF THIS USE

WILL IMPACT THE HISTORICAL CHARACTER OF THE EXISTING CEMETERYAND HISTORICAL USE OF THE AREA." (page 4). This same Finding was used as the basis for the Staff Report recommendation of denial in reference to the Lakeside Cemetery Crematorium Project (composed of the crematorium and a "Tuff Shed" construction) that was scheduled for hearing before the Commission back in 2003 before it was withdrawn.

The Appeal before the Council is, also, directly related to the 2020 approval by the Historic District Commission (HDC) of PN-20-160 Lakeside Memorial Lawn Storage Shed and Determination that the Project is Exempt from CEQA, which involved a storage shed that was cherry-picked as an individual project from the 2003 Lakeside Cemetery Crematorium Project, a project which clearly was not CEQA-exempt. As such, this 2020 Storage Shed+ successfully flew under the environmental radar by way of a ministerial building use permit application which allowed the 40'X40' Storage Shed to be constructed without proper CEQA vetting.

CEQA GUIDELINES Section 15300.2 EXCEPTIONS
(/) Historical resources. A categorical exemption shall not be usedfor a project which may cause a substantial adverse change in the signiJicance of a historical resource.

Staffwas aware that the Lakeside Cemetery already on the Sacramento County Historic Cemetery Commission's list of important pioneer cemeteries, needed protection in the estimation of the Sacramento County Cemetery Commissioners, to preserve the Cemetery's integrity should an application for listing on the National Register of Historic Places ever be applied for (Lakeside Cemetery Crematorium Project 0111512003 StaffReport, Attachment 4).

RE
In addition, the City failed to apply certain provisions of the Folsom Municipal Code, as follows:

05/10/2022 Item No.18.

Folsom Municipal Code 17.52.690 Nonconforming structures.

D. Whether legally in place or not, a structure orfeature which was not original may be deemed nonconforming if its existence prevents listing on the National Register of Historic Places of an otherwise eligible structure or site or, in the opinion of the historic district commission, significantly degrades a locally significant structure or site. (Ord. 890 $ 2 (part), 1998) Staff was aware, per the same HDC StaffReport, of the historical research on the Lakeside Cemetery's origins, and the pioneers brnied there, which was submitted to the HDC by Sue Silver along with a record compiled by Eagle Scout Peter Kroffof the grave markers on head stones dating from 1850 to 1995. Both monographs should accompany any application to the National Register of Historic Places.

Folsom Municipal Code 17.52.480 Accessory Structures.
' ... an accessory structure is any freestanding roofed structure located on a parcel on which another larger structure (main structurQ has been constructed...An accessory structure shall not be larger than the main structure in squarefootage or height. Design review is not requiredfor accessory structures smaller than 60 squarefeet or which are below requiredfence height. (Ord. 890 $ 2 (part), 1998)
Staffwas aware,per the same HDC StaffReport, that the main structure on the Cemetery parcel was/is 975 sq ft. The proposed Storage Shed was/is 1,600 sq ft, (40'X40') and was larger than the main structure on the parcel and couldn't qualifr as an Accessory Structure.

In conclusion, since the Applicant's clear purpose for constructing a new Storage Shed was to clear the way for the use of the "main" 975 sq ft structure for a future crematorium, the illegally-permitted 1,600 sq ft Storage Shed (40'X40') and the proposed crematorium in the Appeal are inexorably linked.

The latter cannot go forward without the former. And, based on the foregoing analysis, the Storage Shed constructed on the grounds of the historic Lakeside Memorial Cemetery was not properly permitted by the City in 2020 andnever should have been constructed.

To allow the Crematorium to go forward would be to reward the illegality of the whole underlying scheme. In equity and in good faith, such an outcome should not be allowed, and the logical remedy would be to deny the Crematorium Appeal. Otherwise, the applicant will be allowed to benefit from a 1 ,600 sq ft Storage Shed that has robbed the community of the integrity of some of its oldest historical resources based on an illegal underpinning. The City Council should not condone such an outcome.

Sincerely,
lsl
Deborah Grassl
cc: kerri@,atlanticcorrosionengineers.com; [email protected]; saquino@,folsom.ca.us; [email protected]; [email protected],us; [email protected]; [email protected]; [email protected]; sjohnson@,folsom.ca.us; pj [email protected] *NOTE: email attachment:

From : Deborah Grassl <[email protected]>
Sent: Thwsday, November 18, 2021 10:42 AM

05/10/2022 Item No.18.

To: Josh Kinkade <jkinkade@f_o.lsom.ca.us>
Subject: New Shed build at Lakeside Lawn Cemetery and Public Records Request Hi Josh,
I took five photos of a new slab foundation, approximately 10'X30', being finished next to the adjacent, existing shed at the proposed Lakeside Cemetery Crematorium project site.

The photos were made on June 30,202I. Shortly thereafter a metal TuffShed-style building was fully erected.

This newly built shed can be seen from Folsom Blvd, alongside and with the old Crematorium's Tuff Shed. At night there is a very strong light coming from the new shed that breaks up the shadows over the Cemetery and attracts drivers' eyes to the sheds. The sheds clearly stick up above the California State Dredger Tailings Preserve, and now block the riparian forest view shed, a part of the Chung Wah Chinese Cemetery's National Register of Historic Places description of site characteristics. In addition, the sightlines of the rare Lakeside Lawn's grouping of 8 contiguous pioneer cemeteries alongside the Chung Wah Cemetery and Dredger Tailings Preserve are now separated by the newly built shed.

This unique grouping is described in the Historical Significance site description of the City's 01.15.03 StaffReport on page 2,paragraph 5.

It is noted, too, that the newly built shed corresponds to a new shed build description included in the 0l/15/03 HDC StaffReport regarding the Request forApproval of a Conditional Use Permit to allow for the operation of [a] crematorium, page2, PROJECT DESCRIPTION, paragraph 2. This CUP application was subsequently Withdrawn on 01/15/03 and the new shed was not built at that time.

However, when Igor Semenyuk was asked about this new building construction on the Zoommeeting LNS/Preserve residents had with owner, Igor told us not to pay any attention to this new construction. He stated that it had nothing to do with the current Lakeside Lawn Cemetery's Crematorium Conditional Use Permit application awaiting an HDC hearing date.

I did note in the current Lakeside Lawn Memorial Cemetery Crematorium IS/IVIND & CUP descriptions that a 10'X30'new shed build is NOT included.

Was a permit application to build this 10'X30' Tuff-style shed ever received and approved by the City? If so, I would like to put in a Public Records Request for a copy along with the environmental evaluation.

Thank you for your time researching this request.

Deborah Grassl

05/10/2022 Item No.18.

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05/10/2022 Item No.18.

LOZEAU
!;aI1itsilij. ,ffi
'q
i
T 5iO.836.4200
F 510.836:4205
1959 Har!'iscn Slreet, Ste. i50
Oaklend. CA 94612
www- lozeaudrury.ccm
n: ic h.r eliQ I ozea u cl ru ry. cc m
Apri|25,2022
Mayor Kerri Howell
Vice-Mayor Rosario Rodriguez
Sarah Aquino
YK Chalamcherla
Mike Kozlowski
Christa Freemantle, City Clerk
City Council
City of Folsom
50 Natomas Street
Folsom, CA 95630
folsomdam gn\@gnail. com
n o diguez@fol som. ca.us
[email protected]
[email protected]
mkozlowski@folsom. ca.us
cfre emantle @folsom. c a.us
Via E-mail
Pam Johns, Community Development
Director
Josh Kinkade, Associate Planner
Community Development
City of Folsom
50 Natomas Street
Folsom, CA 95630
[email protected]
jkinkade@folsom. ca.us
Re Comments in Opposition to Appeal by Igor Semenyuk of a Decision by the Historic Dishict Commission Denying a Conditional Use Permit forthe Lakeside Memorial Lawn Crematoriumproject(PN 19-182)located atl20l ForrestStreet -April26,2022City Council Meeting, Agenda ItemNo. 8
Dear Mayor Howell, Vice-Mayor Rodriguez, Councilmembers Aquino, Chalamcherla, and Kozlowski, Director Johns, Ms. Freemantle, and Mr. Kinkade, These comments are submitted on behalf of Tim & Mariko McGarry, Dave & Kim Higgins, Sean & Niki Gates and Kyal & Bre Von Gunten (hereinafter "Residents"), all of whom reside in the Folsom Historic District in close proximity to the proposed Lakeside Memorial Lawn Crematorium project. The Residents request that the Council deny Mr. Semenyuk's appeal. The record supports the Historic Commission's application of its discretion to find that the proposed crematorium, if allowed, would impact the historic character of the historic Lakeside Memorial Lawn as well as the unique historic assemblage it shares with the Chung Wah Cemetery, a site included on the National Register of Historic Places. As a result, the Council should uphold the Commission's finding that the proposed crematorium would be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City.

The Council also should uphold the Commission's denial because the project's proposed expansion of the accessory maintenance shed and its accessory use as a crematorium violates Municipal Code gg 17.52.680 and 17.52.690 and the Folsom Historic District Design Guidelines.

The City's Code and Design Guidelines prohibit any increases in scope of nonconforming structures or uses within the Historic District. The proposed crematorium would increase a nonPage 1771 05/10/2022 Item No.18.

Folsom City Council
Apil25,2022

conforming use as well as the nonconforming maintenance building by adding an exhaust stack that, according to the drawings attached to the MND would extend at least 19 feet above the existing roof line of the maintenance shed.

In addition, the Council should uphold the Commission's decision because the Initial Study and Mitigated Negative Declaration ("ISA{ND") prepared for the crematorium project does not comply with the California Environmental Quality Act ("CEQA"), Pub. Res. Code $21000, et seq.

First, the IS/IVIND's description of the project is unstable and inconsistent by evaluating a 19.5 feet high exhaust stack in the toxic pollutant dispersion analysis while at the same time depictinga29.5 feet exhaust stack in the drawings of the project. Second, the record contains substantial evidence of a fair argument that the crematorium project may have a significant impact on historic resources requiring the preparation of an environmental impact report ("EIR") before the project may be considered for approval
The following comments elaborate on these deficiencies.'The Council should defer to the thorough evaluation and findings prepared by the Commission and should further uphold the denial of the crematorium by finding that the project would be inconsistent with the Municipal Code:and Design Guidelines and the ISA4ND is deficient pursuant to CEQA.

A. The Crematorium Project Would Violate the Municipal Code and Folsom Historic District Design Guidelines.

The City's Municipal Code governing the Historic District prohibits the proposed nonconforming crematorium use and the proposed expansion of the maintenance building structure. The City's ZoningCode establishes a comprehensive program not only to preserve the historic character of the Historic District but also to enhance it. Thus, core purposes of the zoning for the historic district include "[t]o preserve and enhance the historic, small-town atmosphere of the historic district as it developed between the years 1850 and 1950; ... [t]o ensure that new . .. commercial development is consistent with the historical character of the historic district as it developed between the years 1850 and 1950; ... and "[t]o preserve and enhance open space areas." (Folsom Muni. Code $ 17.52.010(BX1), (5) & (7).)
The existing maintenance shed in which the crematorium is proposed to be located is an "accessory structure" as defined by the Guidelines. Guidelines, $4.06. The shed was constructed sometime between 1993 and August 1998. (Agenda Packet, p.323.) The shed predates the City's historic district zoning ordinance which was enacted in October 1998. Thus, the shed was constructed at the time without consideration of the criteria established in the Code and the October 1998 Design Guidelines. Indeed, the pictures of the shed confirm that it was not designed to comply with any historic design criteria or guidelines. Rather than reflect any historic character of the District between 1 850 and 1950, the shed is a metal shed constructed in the late 1990s.

As a result, the shed appears to be a Nonconforming Structure pwsuant to the Guidelines. 'A structure or part thereof is determined to be legally nonconforming if it was legally in place on the effectiveness date of Ordinance No. 890 but by reason of style, construction or placement it does not meet the standards or intent of the Primary Area or Subarea cause a structure or part thereof to be deemed nonconforming," (Guidelines, $4.16.02.) The Code and the Guidelines make the continuation of a nonconforming structure, like the shed, contingent on several conditions,

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including that "[t]he nonconformity is not increased. . . ." (Code $ 17.52.690(BX2); Guidelines $

4.t6.02.)
The crematorium project proposes to expand the nonconforming, late-1990's shed structure to include a prominent exhaust stack. As a result, the project proposes to expand the nonconformity of the existing shed. The addition of the vent stack is significantly more prominent then suggested in the renderings provided by the applicant. The residents are informed and believe that the rear of the maintenance shed, where the proposed crematorium would be positioned, is 10 feet in height. The drawings of Hartwick Combustion Technologies' Apex 250 crematory clearly depict an exhaust stack extending 3 54. 1 1 inches, i.e. , 29 .5 feet, from ground level. (Agenda Packet, p. 255 .) As a result, the exhaust stack will extend about 19.5 feet above the roof of the existing shed. The rendering attached to the IS/MND appears to suggest a stack extending a few feet above the rear roof of the shed. (1d., pp.261.262.)ln either event, the addition of the exhaust stack, whether extending 19.5 feet or a few feet above the shed, is an expansion of the nonconforming structure and hence prohibited by the Code and Guidelines.

The staff report prepared for the Historic Commission suggests that "[t]he height of the stack is determined during the SCAQMD permitting process in order to meet their air quality standards." (Agenda Packet, p.220.) However, the City Council staff report now notes that the "[Air District] 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." Qd,p.194.) In preparing its air pbllution modeling, "HELIX commented that the analysis done for the IS/IVIND assumed a height of 19.5 feet from finished grade based on specifications provided to them by the applicant." (1d.) However, the only stack height reflected in the materials attached to the IS/MND is that provided by Hartwick showing a

29.5 feet stack.

Whatever the actual height of the stack may be, it is a prohibited expansion of a nonconforming structure. The Guidelines recognize that mechanical equipment, such as a crematorium exhaust stack, are generally incompatible "with the design time frames of much of the Historic District and fhave] inherent aesthetic drawbacks...." (Guidelines, $4.03.) For this reason alone, the Council should uphold the Commission and deny the permit.

The Historic District Zoning Code also provides for nonconforming uses if the use was "legally in place as of the effective date of the ordinance codified in this chapter[,]" i.e. October 1998. (Code $17.52.680.) As a result, no new nonconforming use can be approved by the City.

The open space areas of the historic district permit a "cemeteries" use. (Code $17.52.550(AX4).

Cemetery is defined as "a burial ground." The New Oxford American Dictionary, p- 275 (Oxford University Press (2d ed. 2005). On the other hand, a "crematorium" or o'crematory" is "a place where a dead person's body is cremated." (1d.,p.398.) The only accessory uses contemplated by the Historic District open space zoning are "fr]esidential uses accessory to a public use." (1d., $17.52.550(AX7).) Whether a crematory would qualifu as an accessory use to a cemetery in general, as discussed by staff in the Historic District Commission staff report, does not address the specific language of the City's zoningcode which specifies only one type of permitted accessory use for this subarea of the historic district. (Agenda Packet, p.209.) Indeed, there is no general authority at all for accessory uses in the zoning code for the Historic District, with the exception of accessory uses associated with accessory structures for residences. (See Code $17.52.540.)The "[r]esidential uses accessory to a public use" is consistent with the limited accessory use permitted

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in the open space subarea. The Council cannot, however, extend that authorizationto other new non-residential accessory uses, such as a crematory. For this reason, the Council should uphold the Commission's denial of the permit.

B. The ISLND is Insufficient and Cannot be Relied Upon to Reverse the Commission's Decision and Approve the Project.

The IS/MND is unlawful pursuant to CEQA because the project description is unstable and because substantial evidence shows the project may have a significant impact on historic resources requiring the preparation of an EIR. Because the IS/I\4ND is inadequate, the Council cannot overtum the Commission's denial and approve the Project without fiirst preparing an EIR.

1. The IS/NIND's description of the project is unstable and incomplete.

As discussed above, the City's zoning code of the Historic District highlights the importance of not expanding structures that are not consistent with the historic period the District is intended to preserve and enhance. Despite the importance of such proposed changes, the IS/IVIND fails to adequately describe the extent of the exhaust stack that must be installed for the project. The one hard piece of evidence attached to the ISA4ND depicts the stack with an accompanying measured height of 354.11 inches, i.e,29.5 feet. (Agenda Packet, p. 255.) The IS/IVIND's air modeling assumes a height of 19.5 feet based on specifications provided by the applicant. (Id.,pp. I94,305,395,430.) But no other written height specifications besides the manufacturer's drawing depicting a measured height of 29.5 feet are in the record. The importance of the stack height is highlighted by the comments by the Historic District Commissioner's uncertainty over the height of the stack. Qd.,p.194.) The manufacturer's drawing indicates that the stack would extend 19.5 above the shed roof. (1d., p.255.) The IS/TVIND indicates that the stack would extend 10 feet above the roof. Qd.,p.296.) However, as noted above, the rendering provided by the applicant shows a stack of no more than2 to 3 feet. (Id',p.261.) A negative declaration must accurately describe the proposed project. (Christward Ministry v. Superior Court (1986) 184 Cal.App.3d 180; CEQA Guidelines $15071(a).) The initial study must "provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment." (CEQA Guidelines $ 15063(c)(5).) "An accurate, stable and finite project description is the sine qua non of an informative and legally sufficient ICEQA document]." (County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 193.) "[A] project description that gives conflicting signals to decision makers and the public about the nature and scope of the project is fundamentally inadequate and misleading." (Washoe Meadows Communityv. Department of Parks & Rec. (2017) 17 Cal.App.5th277,287, quoting Citizens for a Sustainable Treasure Island v. City and Cty. of San Francisco (2014) 227 Cal.App.4th 1036, 1052.) "A curtailed or distorted project description may stultify the objectives of the reporting process." (Cty. of Inyo,Tl Cal.App.3d at I92.)"Only through an accurate view of the project may affected outsiders and public decision-makers balance the proposal's benefit against its environmental cost, consider mitigation measures, assess the advantage of terminating the proposal ..., and weigh other alternatives in the balance." (Id.) Where a lead agency relies on an insufficient project description, "the problem ... is not confined to 'the informative quality of the [environmental document]'s environmental forecasts."' (Stopthemillenniumhollywood.com v. City of Los Angeles (2019) 39 Cal.App.sth 1, 17 , citing

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Washoe Meadows, 17 Cal.App.5th at 288.) '.A curtailed, enigmatic or unstable project description draws a red herring across the path of public input." (Cty. of Inyo,Tl Cal.App.3d at 198.) "The omission of relevant information is deemed prejudicial regardless of whether a different outcome would have resulted if the public agency had complied with those provisions." (Stopthemillennium, 39 Cal.App.5th at 17 fcitations omitted].)
The IS/MND's failure to provide a stable description of the exhaust stack for the proposed crematorium is fatal to the IS/MND. Because one cannot discern the actual height of the proposed stack, the project's aesthetic impacts were not properly evaluated. Likewise, the extent of the project's impacts on historic resources is not disclosed given the uncertainty of the stack height and impedes the IS/IVIND's evaluation of the project's consistency with the zoning code restrictions. Lastly, the air modeling is flawed, relying on a stack height that is 10 feet shorter than depicted and unsupported by any substantial evidence in the record. Accordingly, the IS/\4ND cannot be relied upon for any approval ofthe Project.

2. Substantial evidence in the record demonstrates a fair argument that the project may have significant impacts on cultural resources.

The ISIIvIND also is fatally flawed because substantial evidence in the record establishes a fair argument that the project may have a significant impact on historic resources. As a result, an EIR rather than a MND must be prepared for the project prior to any approval. [n2003, the City's staff prepared a report concluding that a crematorium in the same location would have significant impacts on historic resources. The 2003 staff recommendation concluded that adding a crematory use does not maintain the historic use of the site. (Agenda Packet, p.777.) The report also found that adding a crematorium would discourage the inclusion of the Lakeside Cemetery on the State and National Historic Registers. (Id.)The report further cited evidence that a crematory use is not a consistent use with a historic cemetery. (/d.) As a result of the staff s report and the recommendation to deny the permit for the proposed crematory, the applicant withdrew the project. Nevertheless, the staff s report remains substantial evidence. (,See, e.g. Youngv. City of Coronado (2017) 10 Cal.App.sth 408, 433 (staff report included substantial evidence to support City's ultimate decision to designate a property as a historic resource).) As the California Supreme Court held, "[i]f no EIR has been prepared for a nonexempt project, but substantial evidence in the record supports a fair argument that the project may result in significant adverse impacts, the proper remedy is to order preparation of an EIR." (Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310, 319-320I*CBE v. SCAQMD"I, citing, No Oi[ Inc. v. City of Los Angeles (1974) 13 Cal.3d 68,75, 88; Brentwood Assn. for No Drilling, Inc. v. City of Los Angeles ( 1 982) I 34 Cal.App.3d 491 , 504- 505.) "The 'foremost principle' in interpreting CEQA is that the Legislature intended the act to be read so as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language." (Communities for a Better Environment v. Calif. Resources Agency (2002) 103 Cal.App.4th 98, 109I*CBE v. CRA"f.)
The EIR is the very heart of CEQA. (Bakersfield Citizens for Local Control v. City of Bakersfield (2004) I24 Cal.App.4th 1184,l2l4; Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 927.)The EIR is an "environmental 'alarm bell' whose purpose is to alert the public and its responsible officials to environmental changes before they have reached the

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ecological points of no return;' (Bakersfield Citizens, 124 Cal.App.4th at 1220.) The EIR also functions as a "document of accountability," intended to "demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action." (Laurel Heights Improvements Assn. v. Regents of University of Califurnia (1988) 47 CaI.3d.376, 392.) The EIR process "protects not only the environment but also informed self-government." (Pocket Protectors, I24 Cal.App.4th at927 .)
An EIR is required if "there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment." (Pub. Resources Code, g 21080(d); see also Pocket Protectors, 124 Cal.App.4that927.)In limited circumstances, an agency may avoid preparing an EIR by issuing a negative declaration, a written statement briefly indicating that a project will have no significant impact thus requiring no EIR (14 Cal.

Code Regs., $ 15371 I'CEQA Guidelines"]), only if there is not even a "fair argument" that the project will have a significant environmental effect. (Pub. Resources Code, $$ 21100, 21064.) Since "[t]he adoption of a negative declaration . . . has a terminal effect on the environmental review process," by allowing the agency "to dispense with the duty [to prepare an EIR]," negative declarations are allowed only in cases where "the proposed project will not affect the environment at all)' (Citizens of Lake Murray v. San Diego (1989) I29 Cal.App.3d 436,440.) Where an initial study shows that the project may have a significant effect on the environment, a mitigated negative declaration may be appropriate. However, a mitigated negative declaration is proper only if the project revisions would avoid or mitigate the potentially significant effects identified in the initial study "to a point where clearly no significant effect on the environment would occur, and...there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment." (Public Resources Code $g 21064.5 and 21080(c)(2); Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322,33I.) In that context, *may" means areasonable possibility of a significant effect on the environment. (Pub. Resources Code, $S 21082.2(a),2II00,21151(a); Pocket Protectors, 124 Cal.App.4th at927; League for Protection of Oakland's etc. Historic Resources v.

City of Oakland (1997) 52 Cal.App.4th896,904-905.)
Under the "fair argument" standard, an EIR is required if any substantial evidence in the record indicates that a project may have an adverse environmental effect-even if contrary evidence exists to support the agency's decision. (CEQA Guidelines, $ 15064(0(l); Pocket Protectors,124 Cal.App.4th at93l; Stanislaus Audubon Society v. County of Stanislaus (1995) 33 Cal.App.4th 144,150-15; Quail Botanical Gardens Found., Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597,1602.) The "fair argument" standard creates a "low threshold" favoring environmental review through an EIR rather than through issuance of negative declarations or notices of exemption from CEQA. (Pocket Protectors, supra,I24 Cal.App.4that928.) The "fair argument" standard is virtually the opposite of the typical deferential standard accorded to agencies. As a leading CEQA treatise explains:

This 'fair argument' standard is very different from the standard normally followed by public agencies in making administrative determinations. Ordinarily, public agencies weigh the evidence in the record before them and reach a decision based on a preponderance of the evidence. [Citations]. The fair argument standard, by contrast, prevents the lead agency from weighing competing evidence to determine who has a better

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argument concerning the likelihood or extent of a potential environmental impact. The lead agency's decision is thus largely legal rather than factual; it does not resolve conflicts in the evidence but determines only whether substantial evidence exists in the record to support the prescribed fair argument.
(Kostka & Zishcke, Practice (Jnder CEQA, 86.29, pp.273-274.) The Courts have explained that "it is a question of law, not fact, whether a fair argument exists, and the courts owe no deference to the lead agency's determination. Review is de novo, with a preference for rcsolving douhts in favor of environmental review." (Pocket Protectors, 124 Cal.App.4th at 928 femphasis in originall.)
Because the prior staff report concluded that essentially the same crematorium project would significantly affect the surrounding historic resources, that report is substantial evidence of a fair argument that the current crematorium project may have a significant adverse effect on the same historic resources. In Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144, the court rejected a county's argument that a revised initial study prepared by the county which contradicted the findings of the first initial study had not "relegated the first initial study to oblivion.l' (Id. at 154.) The court stated, "'We analogize such an untenable position to the unringing of a bell. The first initial study is part of the record. The fact that a revised initial study was later prepared does not make the first initial study any less a record entry nor does it diminish its significance...." (Id. at 154) The City cannot conclude that a project may have significant impacts and then, when such admission is no longer convenient, simply change its conclusion to better suit its needs. Here, the analysis from the 2003 staff report, itself substantial evidence, creates a"fair argument" that the crematory project may have significant impacts on the surrounding historic resources, despite other evidence to the contrary. (See,Id; Gentry v. Murietta (1995) 36 Cal.app. th1359 (petitioner may rely on statements made in initial study to establish fair argument, even in the face of contradictory evidence).) The unsupported assertion that cremation fumace technology has significantly evolved since 2003 is not supported by the record. The type of equipment and size described for the 2003 project is essentially the same as that proposed for the current project. (Compare Agenda Packet, pp.783-84 and255-257.) There is no evidence in the record pointing to any differences in the performance of the two brands of equipment. (Id.) As a result, the assertion does not provide any evidence to distinguish the 2003 staff report's conclusions from the current project.

The City Council Staff Report further confirms that there is a fair argument that the project may have significant impacts on historic resources. Staff identifies the letters "sent by 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." (Agenda Packet, p. 198.) Likewise, the fact that the Historic Commission itself, the City's own expert agency on evaluating historic impacts in the Historic District, determined that the project would have significant impacts on the adjacent historic resources is itself substantial evidence of a fair argument that the project may have such impacts, requiring an EIR. (See Stanislaus Audubon Society, 3 3 Cal.App .4th at | 54.)

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C. The Commission's Findings are Supported by the Record.

The above reasons that the City Council cannot overturn the Commission's denial are in addition to reasons articulated by the Commission in its findings and which are supported by substantial evidence in the record. In addition to the evidence provided by the Sacramento County Historic Cemetery Commission and the City's prior staff analysis, additional substantial evidence from expert organizations has been submitted. The Chinese Historical Society of America has reviewed the proposed project and submitted comments describing evidence of impacts to persons' experience of the cultural significance of the adjacent cemeteries. (Agenda Packet, pp. 554-556.) Likewise, the Heritage Preservation League of Folsom provided comments describing shortcomings in the ISlt\4ND and potential impacts to the surrounding historic resources. Qd.,pp. 6tt-612.)
For all of these reasons, the Residents respectfully request that the City Council deny the appeal and uphold the Historic Commission's denial of the conditional use permit for the proposed crematorium. Thank you for your consideration of these comments.

Sincerely,
J\ .//..^' .,;i?, t /-i.:." t 't /+ y' n' ,
' /
Michael R. Lozeau
LozeauDrury LLP
on behalf of Tim & Mariko McGarry, Dave & Kim Higgins,
Sean & Niki Gates and Kyal & Bre Von Gunten

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-t' '{-}3,}l t-.}i\.1
t,:liitrr)t I, t.tt-:l
Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Move to Adopt Resolution No. 10849 - A Resolution to Adopt a Mitigated Negative Declaration, Approve a General Plan Amendment, and Approve a Planned Development Permit for the Folsom Corporate Center Apartments project And
Move to Introduce and Conduct First Reading of Ordinance No. 1327 - An Uncodified Ordinance to amend the zoning designation for a7.24-acre parcel (Lot 1) from M-L PD to R4 PD and to amend the zoning designation for a 4.68-acre parcel (Lot 6) from BP PD to R-4 PD for the Folsom Corporate Center Apartments project (Introduction and First Reading) MEETING DATE: 5n012022
AGENDA SECTION: Public Hearing
SUBJECT: Folsom Corporate Center Apartments - South side of Iron Point Road, east of the intersection of Iron Point Road and Oak Avenue Parkway (PN 2l-120)
l. Resolution No. 10849 - A Resolution to Adopt a Mitigated Negative Declaration, Approve a General Plan
Amendment, and Approve a Planned Development Permit
for the Folsom Corporate Center Apartments project
Ordinance No. 1327 - An Uncodified Ordinance to amend
the zoning designation for a7.24-acre parcel (Lot 1) from M-L PD to R-4 PD and to amend the zoning designation
for a4.68-acre parcel (Lot 6) from BP PD to R-4 PD for the Folsom Corporate Center Apartments proj ect (Introduction and First Reading)
1t
FROM: Community Development Department

05/10/2022 Item No.19.

BACKGROUND / ISSUE
On August 15, 2000, the City Council approved a Tentative Subdivision Map and Planned Development for development of a I.425-million-square-foot professional offtce center known as the Folsom Corporate Center. On May l, 2002, the Planning Commission approved a Planned Development Permit and Conditional Use Permit for development of a 255,795- square-foot retail shopping center known as Folsom Gateway within the eastem portion of the previously approved Folsom Corporate Center. That approval resulted in the reduction of 395,000 square feet of office space within the Folsom Corporate Center.

A total of four professional office buildings have been developed within the Folsom Corporate Center with major tenants including HDR Engineering, Kaiser Permanente, Micron Technology, and SAFE Credit Union.

On January 26,20l6,the City Council approved the development ofthe 126-unit senior retirement community known as the Iron Point Retirement Community on a 4.68-acre property located at2275Iron Point Road.
a
o
a
a
On October 4,2017, the Planning Commission approved an extension to the previous approval for the Iron Point Retirement Community project.

On February 6, 2019, the Planning Commission approved an additional one-year extension to the project. Subsequently, the applicant decided not to pursue project development and withdrew their application. It is important to note that the 4.68 parcel associated with Iron Point Retirement Community project is one of the parcels (Lot 6) included with the proposed Folsom Corporate Center Apartments project.

On October 7,2020, the Planning Commission approved a 11,716-square-foot singlestory medical building (Kidney Dialysis Treatment Center) on a2.77-acre site located near the southwest corner of the intersection of Iron Point Road and Rowberry Drive within the Folsom Corporate Center. The Kidney Dialysis Treatment Center is currently under construction and is located directly to the east of one of the parcels (Lot 1) associated with the proposed Folsom Corporate Center Apartments project.

The applicant, FCC 50, LLC (Cole Partners), is requesting approval of a General Plan Amendment, Rezone, and Planned Development Permit for development of a 253-ttnitmarketrate apartment community on two parcels (Lot 1 :7.24-acre parcel and Lot 6: 4.68-acre parcel) within the Folsom Corporate Center, which is generally located on the south side of Iron Point Road, east of the intersection of Iron Point Road and Oak Avenue Parkway.

The applicant's request for approval of a General Plan Amendment, Rezone, and Planned Development Permit was considered by the Planning Commission at its April 6,2022 meeting.

At this meeting, the Planning Commission discussed several items associated with the proposed project including land use impacts, regional housing needs and affordability, traffic impacts, pedestrian connectivity, vehicle parking, and oak tree preservation and mitigation. 2Page 1780
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In relation to land use, the Commission indicated that they were supportive of the proposed change in land use from commercial office to multi-family residential based on changing market dynamics relative to the office market in Folsom and the region. The Commission also commented that the proposed change in land use could potentially create a more vibrant mixeduse environment. A detailed discussion regarding the project's land use impacts is contained within the General Plan Amendment and Rezone section of this staff report. Below is a summary of the issues discussed at the Planning Commission meeting (a more detailed discussion of these items is found in the analysis section below):

RIINA- The City's progress with meeting the RHNA numbers was discussed. City staff shared a table with the Commission that showed that 523 affordable housing units have been constructed in the City to date this year, with a total remaining RHNA obligation for construction of 5,840 housing units across all income levels. The Commission inquired as to whether the applicant had considered incorporating affordable housing units into the proposed apartment development. The applicant responded that their expertise is in developing and managing market-rate apartment communities and that their business model for this particular project would not accommodate any affordable units.
o Traffic- The traffic consultant for the project provided an overview of the Transportation Impact Study (Attachment 2l) that was prepared for the proposed project and stated that the project is anticipated to generate a low volume of vehicle trips including 81 AM peak hours trips and 104 PM peak hour trips. Based on the low number of vehicle trips, the traffic consultant stated that the project is not expected to haveasignificantimpactonlevelof service(LOS) atany ofthe lTstudyintersections including the Iron Point Road/East Bidwell Street intersection. The traffic consultant also noted that the proposed project would not have a significant impact relative to Vehicle Miles Traveled (VMT).

Pedestrian Connectivitv - the Commission discussed whether it would be feasible to provide additional pedestrian connections from Lot I and Lot 6 to the existing sidewalk located along the south side of Iron Point Road. The applicant indicated that they had evaluated the possibility of providing these additional pedestrian connections but because of significant grade changes and because the sidewalk would be on an adjacent property not controlled by the applicant it was determined to be infeasible. a
a Parkins - The Commission discussed the parking requirements of the proposed project and inquired whether City staff thought that the project may be overparked. City staff responded that the proposed project meets the parking requirements established by the Folsom Municipal Code and the parking recommendations of the Design Guidelines for Multifamily Development. City staff further commented that the City does not require development projects to exceed the parking requirements established by the -lPage 1781
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Folsom Municipal Code and the Design Guidelines, but rather meet the minimum parking requirements and recommendations of these documents. o Oak Tree Mitieation - The Commission engaged in a lengthy discussion regarding oak tree preservation and mitigation. The applicant provided an overview regarding the initial planning and development of the Folsom Corporate Center and how designated oak tree preserve areas were created to preserve as many oak trees as possible. With respect to this specific project, the applicant indicated that they are preserving as many trees as possible including preservation of a 41 " diameter Heritage Blue Oak tree on Lot l. The applicant also noted that they were planning to mitigate for the impact to oak trees by planting 35 Mitigation Oak trees on the project site.

Ultimately, the Planning Commission voted 4-1-0 (2 Commissioners absent) to recommend to the City Council approval of the proposed project, subject to the findings included with this report.

POLICY / RULE
The Folsom Municipal Code GMC) requires that applications for General Plan Amendments and Rezones be forwarded to the City Council for final action. City Council actions regarding General Plan Amendments and Rezones are covered under Section 17.68.050 of the Folsom Municipal Code.

ANALYSIS
As noted above, the applicant is requesting approval of three entitlements to allow for development of the proposed apartment community. The first entitlement is a request for approval of a General Plan Amendment to change the General Plan land use designation for the two project parcels (Lot I and Lot 6) from IND (Industrial/Offrce Park) to MHD (MultiFamily High Density). The second entitlement is a request for approval of a Rezone to change the zoning designation for Lot 1 from M-L PD (Limited Manufacturing, Planned Development District) to General Apartment, Planned Development District (R-4 PD) and to change the zoning designation of Lot 6 from BP PD (Business and Professional, Planned Development District) to General Apartment, Planned Development District (R-4 PD). The third entitlement is a request for approval of a Planned Development Permit to establish project-specific development standards, review the project site design, evaluate the architectural design of the multi-family apartment and clubhouse buildings, and establish signage criteria.

The proposed Folsom Corporate Center Apartments project, which includes development of 1l three-story apartment buildings and two clubhouse buildings (three-story and one-story buildings respectively), is comprised of 253 market rate apartments within a gated community.

The apartment buildings include a combination of l6-plex buildings, 2l-plex buildings, 26- plex building, and 32-plexbuildings with a total of 16 studio units (564 square feet), 126 onebedroom units (687 square feet),97 two-bedroom units (990-1057 square feet), and 14 three4

05/10/2022 Item No.19.
bedroom units (1,412 square feet). All apartment units are proposed to be accessible from interior hallways and include a full kitchen, living space, storage closets, bedrooms, bathrooms, and an outdoor patio/balcony. The one and three-story clubhouse buildings include a recreation room, a fitness center, ayoga studio, a spa room, amail room, a bike storage facility, leasing offices, a storage room, and restroom facilities. Outdoor amenities associated with the clubhouse buildings include a pool, a spa, and deck areas. Additional outdoor amenities include two dog parks.

In relation to site design, Lot 1 includes seven rectangular apartment buildings that are evenly spaced within the eastern portion of parcel due to constraints associated with overhead transmission lines situated in the westem portion of the parcel. Lot 6 includes four rectangular apartment buildings which are centrally located on the parcel.

The applicant proposes a modern contemporary architectural design theme intended to compliment the surrounding commercial buildings within the Folsom Corporate Center.

Modern and unique design elements include angular building shapes and forms, varied roof heights, flat rooftops, recessed building elements, metal canopies, and extensive use of glass.

Proposed building materials include stucco walls, stone veneer wainscotting, metal canopies, glass railing, and metal railing. The color scheme for the buildings is proposed to be generally earth tone, with extensive use of gray and brown colors accented by a mixture of lighter colors including white and tan.

General access to the project area is provided by three existing driveways located on the south side of Iron Point Road. Primary vehicle access to Lot 1 is provided by a new driveway on south side of an existing private ring road with secondary access accommodated by two emergency vehicle access driveways also situated on the south side of the ring road. Primary vehicle access to Lot 6 is provided by a new driveway oq the north side of the private ring road with secondary access served by an emergency vehicle access driveway also positioned on the north side of the ring road. Each of the project driveways will accommodate all vehicle tuming movements into and out of the respective sites. In addition, all project driveways will have access controlled by vehicle gates.

Proposed internal vehicle circulation consists of 27 -foot-wide drive aisles to facilitate movement in and around the project sites. Pedestrian circulation is provided by a combination of new sidewalks and existing sidewalks located along the private ring road and along Iron Point Road. Internal pedestrian circulation is accommodated by a series of new pedestrian pathways that provide connectivity to the apartment buildings, the clubhouse building, the perimeter sidewalks, and the future Class I trail to the south. Additional site improvements include: 491 parking spaces (includes combination of garage, carport, and uncovered spaces), 51 bicycle parking spaces, 5 electric vehicle charging stations, underground utilities, drainage basins, site lighting, site landscaping, retaining walls, fencing, and project identification signs. 5Page 1783
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A. General Plan Amendment and Rezone
General Plan Amendment and Rezone
The Folsom Corporate Center Apartments project is comprised of two separate parcels, Lot 1, which is7.24-acres in size and Lot 6, which is 4.68-acres in size. Lot 1 and Lot 6 each have a General Plan land use designation of IND (Industrial/Office Park. As shown on Attachment 6, the proposed project includes a request to change the General Plan land use designation for both parcels from IND (Industrial/Office Park) to MHD (Multi-Family High Density. Lot 1 currently has aZoning designation M-L PD (Limited Manufacturing, Planned Development District), while Lot 6 has a zoning designation of BP PD (Business and Professional, Planned Development District). As shown on AttachmentT,the proposed project includes a request to change the zoning designation for Lot 1 from M-L PD (Limited Manufacturing, Planned Development District) to R-4 PD (General Apartment, Planned Development District) and to change the zoning designation of Lot 6 from BP PD (Business and Professional, Planned Development District) to R-4 PD (General Apartment, Planned Development District). With approval of the proposed amendments and rezones, the entire project site will have a General Plan land use designation of MHD and aZoning designation of R-4 PD.

The project is consistent with both the proposed General Plan land use designations and the proposed zoning designations, as multi-family apartments are identified as a permitted land use within the Folsom Municipal Code (FMC, Section 17.18.020 Permitted Uses). The proposed project includes a density of2l.2 dwelling units per acre, is consistent with the allowable density range (20-30 dwelling units per acre) established by the General Plan for Multi-Family High Density (Table LU-1: Residential Designations). In addition, the proposed project meets the development requirements established by the Folsom Municipal Code (FMC.

Chapter 17.18. General Apartment District) and the Folsom Corporate Center Planned Development Guidelines with some minor modifications (discussed within the Planned Development Permit section of this staff report). Proposed modifications to development standards include lotarea,lot width, building coverage, building height, building setbacks, and parking, which are discussed in the Planned Development Permit section of this staff report.

In reviewing the proposed General Plan Amendment and the Rezone, staff took into consideration community benefits that the proposed apartment project will provide relative to the supply of new housing units. City staff also considered the changes in the region's office and housing markets over the past 10 to15 years. According to the California Department of Housing and Community Development (HUD), the state of California is facing a severe shortage regarding housing supply, with some estimates indicating a shortfall of up to 3.5 million housing units. The housing shortage has a number of significant negative effects including but not limited to causing housing prices to rise which limits affordability and increasing the homeless population in communities. The benefit of the proposed project is that 6

05/10/2022 Item No.19.
it will increase the City's housing supply by providing253 new market-rate rental units along the Iron Point Road corridor in close proximity to jobs and services in that area of the City.

Cole Partners, who is the original developer of the 900,000-square-foot Folsom Corporate Center, described efforts to bring new medical and office uses to the Folsom area over the last two decades. Since inception of the Corporate Center in 2000, the development has attracted prominent medical and offrce companies including Kaiser Permanente, Micron, and SAFE Credit Union. However, the applicant describes changing regional market dynamics over the last decade (changes in technology, acceptable of telecommuting, etc.) with the interest in housing projects far outpacing the demand for new office development. It has been more than 12 years since any new major office buildings (Waste Connections/SAFE Credit Union and Numonyx/Micron) were constructed within the Corporate Center. Notably, these two office buildings are the last privately developed larger suburban office buildings completed not only in Folsom, but along the Highway 50 corridor. While the office market dynamic has changed in a negative way, the regional demand for housing (single-family and multi-family) continues to remain extremely strong, especially in Folsom with a range of multi-family projects (Alder Creek Apartments, Avenida Senior Apartments, Mangini Ranch Apartments, Scholar Way Apartments, etc.) being approved recently. Based on these factors, staff has determined that the proposed changes in land use and zoning are warranted.

Land Use Compatibilit)'
In evaluating the General Plan Amendment and the Rezone, staff also took into consideration the compatibility of the proposed project relative to existing land uses in the project area. The proposed project is located on two undeveloped parcels within the Folsom Corporate Center.

The project site is bounded by Iron Point Road to the north with single-family residential development (Broadstone Unit. No. 2) and multi-family residential development (Sherwood Apartments) beyond, U.S. Highway 50 to the south with undeveloped properties within the Folsom Plan Area beyond, multi-family development (Revel Senior Living and CountryHouse Memory Care) to the west with future Oak Avenue Parkway extension and commercial development beyond, and commercial development to the east with East Bidwell Street beyond.

The most prominent land uses in the immediate project areaareprofessional office-related and include SAFE Credit Union, Micron, Kaiser Permanente, and HDR. Residential land uses in close proximity to the site include the Broadstone Unit No. 2 Subdivision (approximately 150 feet to the north across Iron Point Road), Sherwood Apartments (approximately 400 feet to the northeast across Iron Point Road), and Revel Senior Living Apartments (approximately 500 feet to the west). Medical-office related land uses in the project vicinity include the aforementioned Kaiser Permanente Medical Office facility and the Kaiser Permanente Surgery Center. The nearest retail commercial development (Folsom Gateway Shopping Center, which was also developed by a Cole-related entity) is located approximately 1,200 fee{ to the east of 7Page 1785
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the project site. Additional retail commercial development is located north of Iron Point Road (Palladio at Broadstone), approximately 3,100 feet east of the project site.

As described above, the project site is situated in a unique location that includes a wide array of land uses including professional offices, medical offices, retail shopping, multi-family apartments, single-family residences, and a memory care facility. As mentioned within the project description, the Folsom Corporate Center Apartments project is a market-rate apartment community providing living opportunities for residents within 253 apartment units.

Given the residential nature of the proposed use, staff has determined that the proposed project will be complimentary to the existing multi-family and single-family residential land uses located in the immediate project vicinity. In addition, considering the basic needs of the apartment residents, staff has determined that the proposed project is well-situated to take advantage of the numerous goods (grocery store, restaurants, and retail shops) and services (medical offices) and job opportunities that are located within walking distance of the site.

B. Planned Development Permit
The purpose of the Planned Development Permit process is to allow greater flexibility in the design of integrated developments than otherwise possible through strict application of land use regulations. The Planned Development Permit process is also designed to encourage creative and efficient uses of land. The following are proposed as part of the applicant's Planned Development Permit:
o DevelopmentStandards
o Building Architecture and Design
. Signage
Development Standards
The Folsom Corporate Center includes development standards that were intended to guide commercial development and did not consider that residential development might occur within the boundaries of the Corporate Center. As a result, the applicant's intent with the subject application is to create a set of unique set of development standards that are better suited for multi-family residential development, yet still generally comply with the development standards established for properties within the Folsom Corporate Center as well as being consistent with the development standards established for properties within the General Apartment (R-4) zoning district. Table I on the following page lists the existing and proposed development standards for the Folsom Corporate Center Apartments project. 8Page 1786
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Development Standards Table
Folsom Cornorate Center Apartments
Lot
Area
Lot
width
Front Yard
Setback
Rear Yard
Setback
Side Yard
Setbacks
Building
Height
Existing
Standards

0.5-Acres NA 30 Feet
Iron Point Rd.

NA 5 Feet 60 feet
R-4 District
Standards
6,000 s.F 60 Feet 20 Feet 10 Feet 5 Feet/I0 Feet 50 Feet Proposed
Standards

0.5-Acres 60 Feet 40 Feet
Iron Point Rd.
20 Feet
15 Feet 15 Feet 4l feet
TABLE 1: DEVELOPMENT STANDARDS TABLE
As shown in Table 1, the proposed project meets or exceeds all development standards established for the Folsom Corporate Center and for the R-4 (General Apartment) zoning district. However, the proposed project does deviate from one guideline that is not shown in the table above. The Folsom Corporate Center Planned Development Guidelines recommend that a 30-foot-wide landscape buffer be provided along the Iron Point Road frontage. Due to site constraints (topography, shape, etc.), the applicant is proposing to reduce the width of the landscape buffer (17-21 feet) along the eastem portion of the Lot 6 frontage with Iron Point Road, while at the same time expanding the width of the buffer (41-43 feet) along a greater length of the western portion of the Lot 6 frontage with Iron Point Road. With this proposed landscape modification, the average width of the landscape buffer along Iron Point Road would exceed 30 feet. Staff supports this landscape modification as the total amount of landscaping along the Iron Point Road frontage will be increased.

Buildine Architecture and Design
As detailed in the Project Description section of this report, the proposed project includes development of 1l three-story apartment buildings and two clubhouse buildings on two separate parcels within the Folsom Corporate Center. The design concept for the apartment building and clubhouse buildings features a modern contemporary architectural style with strong articulation of building forms and massing, both of which are used to break up the scale of the buildings. Proposed building materials include stucco walls, stone veneer wainscotting, metal canopies, glass railing, and metal railing. The color scheme for the buildings is proposed to be primarily earth tone, with prominent use of gray and brown colors accented by a mixture of lighter colors including white and tan. Proposed elevations and renderings of the apartment and clubhouse buildings are shown in the exhibits on the following pages. 9Page 1787
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FIGURE 1: BUILDING ELEVATIONS (16-PLEX)
FIGURE 2: BUILDING ELEVATIONS (2l-PLEX)
Front Elevation
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FIGURE 3: BUILDING ELEVATIONS (26-PLEX)
Front Elevation
FIGURE 4: BUILDING ELEVATIONS (32-PLEX)
Rear Elevation
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FIGURE 5: CLUBHOUSE BUILDING E,LEVATIONS (LOT 1)
r-''r{
1 CLUBHOUSE
FIGURE 6: CLUBHOUSE BUILDING ELEVATIONS (LOT 6)
Rear Elevation
I
Left Elevation
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STREETVIEW
Front Elevation
Right Elevatiorr
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Perspective
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Perspective

05/10/2022 Item No.19.

FIGURE 7: BUILDING RENDERINGS (LOT 1)
FIGURE 8: BUILDING RENDERINGS (LOT 6)
The proposed project is subject to the Folsom Corporate Center Design Guidelines. The Design Guidelines, in respect to overall architectural design concepts, are intended to provide a framework for design, while not restricting creativity. The following are design parameters recommended by the Design Guidelines to ensure a high-level quality of development:
l3Page 1791
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a
a
Buildings should be responsive to views from all four elevatrons Building masses should be made human in scale, present varied elevations, and use accent materials to add variety.

Building materials such as tile, stone, glass, metal panels, and concrete should be utilized together to reflect the area's modernity, diversity, and traditions.

Building entries shall be distinguished with accent materials such as stone, slate, color metal panels, or concrete.

In addition to the Folsom Corporate Center Design Guidelines, the proposed project is subject to the City's Design Guidelines for Multi-Family Development. The Design Guidelines for Multi-Family Development recommend that multi-family projects be designed in a manner that compliments the surrounding community. The following are some of the specific design recommendations suggested by the Design Guidelines:

Variety and distinctness in design are desirable
Expanses of unintemrpted wall arca and unbroken roof forms shall be discouraged.

Balconies, porches, bay windows, chimneys, and other design elements with projections and varied setbacks shall be used to break up the physical characteristics of structures.

The use of a variety and combination of building materials is encouraged. Building materials selected for multi-family projects shall be very durable and require low maintenance including, but not limited to, stucco, stone, and brick. Building materials shall integrate quality design elements consistent with the design of the development and the surrounding neighborhood.
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a
a
a
a
a
Exterior building colors shall be compatible with the surrounding neighborhood setting and shall not be out of character or in visual competition with the existing surrounding design elements.

All accessory structures, including carports, garages, and solid waste enclosures, shall be designed with materials and in a manner consistent with the architectural design characteristics of the development.

As illustrated on the building elevations and color renderings (Attachments 15 and 16), the proposing apartment and clubhouse buildings incorporate many of the key design features recommended by the Folsom Corporate Center Design Guidelines and the Design Guidelines for Multi-Family Development including the use of rectilinear building shapes to create a sense of depth, use of varied forms to create visual relief, use of staggered building elements to create visual interest, and the inclusion of unique design details to reinforce the modern contemporary residential design theme.
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As shown on the color and materials board (Attachment l7), the proposed project utilizes a variety of modern building materials to enhance the appearance of the building including the use of stucco on the walls, stone veneer wainscotting, glass windows and doors, metal canopies, glass railing, and metal railing. As recommended by the Design Guidelines, the proposed project features a natural color scheme with extensive use of earth tone colors including gray and brown, complimented with lighter colors including white and tan.

Based on the analysis, staff has determined that the proposed project represents a high-quality design that is consistent with the design recommendations of the Folsom Corporate Center Design Guidelines and the Design Guidelines for Multi-Family Development. In addition, staff has determined that the project design is complimentary to the design of existing commercial and residential buildings in the immediate project area. As a result, staff recommends approval of the applicant's design with the following conditions:
l. This approval is for 1 1 three-story apartment buildings and two clubhouse buildings associated with the Folsom Corporate Center Apartments project. The applicant shall submit building plans that comply with this approval and the attached building elevations and color renderings dated November 16,202I.

2. The design, materials, and colors of the proposed Folsom Corporate Center apartment and clubhouse buildings shall be consistent with the submitted building elevations, color renderings, materials samples, and color scheme to the satisfaction of the Community Development Department.

3. Brick pavers or another type of colored masonry material (ADA compliant) shall be used to designate pedestrian crosswalks on the project site, in addition to where pedestrian paths cross drive aisles, and shall be incorporated as a design feature at the two primary driveway entrances for Lot I and Lot 6 to the satisfaction of the Community Development Department.

4. Roof-mounted mechanical equipment, including satellite dish antennas, shall not extend above the height of the parapet walls. Ground-mounted mechanical equipment shall be shielded by landscaping or trellis type features.

5. Utility equipment such as transformers, electric and gas meters, electrical panels, and junction boxes shall be screened by walls and or landscaping.

These recommendations are included in the conditions of approval (Condition No. 60) presented for consideration by the Planning Commission.

Signage
The proposed project includes placement of three monument signs at strategic locations within the project site. The first monument sign is proposed to be located on a decorative six-foottall wall within a landscaped area at the southwest corner of Iron Point Road and private driveway entrance into the Folsom Corporate Center. The second and third monument signs 15Page 1793
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are proposed to be located on decorative six-foot-tall walls at their respective driveway entrances to Lot I and Lot 6. In terms of design, the monument signs will include individual letters made of metal with copy reading "Iron Point Apartment Homes". The monument signs, which are six-feet-tall and will include approximately 24 square feet of sign areaeach,will be indirectly illuminated. Staff has determined that the design of the proposed monument identification signs is complementary to the design of the proposed Folsom Corporate Center Apartments.

The 17.50.040 D states that monument identifi cation
signs are an acceptable form of identification for multi-family residential projects. The Folsom Municipal Code also states that multi-family residential projects are permitted one freestanding sign that is a maximum of six-feet-tall with a maximum sign area of 32 square feet. Through the Planned Development Permit process, the applicant is seeking approval for three monument signs to provide identification for the proposed project. Staff has determined that three monument signs are appropriate based on several factors including lack of direct access to the project site from Iron Point Road, the project having two distinct driveway entrances in different locations, and the large physical scale of the apartment community. Staff recommends that the owner/applicant obtain a sign permit prior to installation of the three monument signs. Condition No. 62 is included to reflect this requirement.

C. Traffi c/Access/Circulation
Existine Roadway Network
General access to the Folsom Corporate Center and the project parcels is provided by three existing driveways located on the south side of Iron Point Road. The westerly driveway is restricted to vehicle right-turn in and right-turn out movements only. The central driveway, which is located at the signalized intersection of Iron Point Road and Rowberry Drive, allows all vehicle turning movements. The easterly driveway allows vehicle right+urn in, right-turn out, and left-turn in movements only. Lots 1 and 6 both have new driveways with full access tuming movements directly from existing private loop roads connecting to existing driveways on Iron Point Road.

Significant roadways in the project vicinity include Iron Point Road, Oak Avenue Parkway, Broadstone Parkway, and Rowberry Drive. Iron Point Road is an east-west arterial roadway with a raised median that runs from Folsom Boulevard to the eastern city limit along the north side of U.S. Highway 50. Within the vicinity of the project site, Iron Point Road (45 mph posted speed limit) has six lanes, bike lanes, sidewalk, curb, and gutter. Oak Avenue Parkway (45 mph posted speed limit) is a north-south arterial that extends from Willow Creek Drive to Iron Point Road. Oak Avenue Parkway is a four-lane urban arterial road between Willow Creek Drive and Blue Ravine Road, a six-lane urban arterial road between Blue Ravine Road and Riley Street, and a four-lane urban arterial road between Riley Street and Iron Point Road.

Broadstone Parkway (45 mph posted speed limit) in the project vicinity is a four-lane east-west arterial, that wraps around the back of the Palladio at Broadstone Shopping Center from Iron Point Road to connect with Empire Ranch Road near the Sacramento-El Dorado County line.

Rowberry Drive is a north-south two-lane local road that runs northward from the Kaiser t6Page 1794
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Permanente Medical Offices into neighborhoods to the north of Iron Point Road. A future extension of Rowberry Drive across U.S. Highway 50 and into the Folsom Plan Area is planned.

The traffic, access, and circulation analysis associated with the proposed project is based on the results of a Transportation Impact Study that was prepared in February 2022 by T. Kear Transportation Planning and Management, Inc. The transportation study analyzed traffrc operations at the following 17 study intersections in the vicinity of the project site:
o Prairie City RoadAJ.S Highway 50 Eastbound Ramps
o Prairie City RoadAJ.S. Highway 50 Westbound Ramps
o Prairie City Road/American Aggregates Road
o Prairie City Road/Iron Point Road
o Iron Point Road /Grover Road
o Iron Point Road /Oak Avenue Parkway
o Iron Point Road /West Kaiser Access Road
o Iron Point Road /Rowberry Way
o Iron Point Road /Safe Credit Union Access
o Iron Point Road /Broadstone Parkway
o Iron Point Road /East Bidwell Street
o East Bidwell Street/U.S. Highway 50 Westbound Ramps
o East Bidwell Street/U.S. Highway 50 Eastbound Ramps
o APN 072-3120-023 "Lot 6" Access
o APN 072-3120-023 "Lot 1" Access
. Oak Avenue Parkway/U.S. Highway 50 Westbound Ramps (2035 Only) o Oak Avenue Parkway/U.S. Highway 50 Eastbound Ramps (2035 Only) Six different scenarios were evaluated in reviewing traffic operations at the 17 aforementioned study intersections including Existing 2021 without Project Condition, Existing 2021 with Project Condition, Existing Plus Approved Projects (EPAP) 2026 without Project Condition, EPAP 2026 with Project Condition, Cumulative 2035 without Project Condition, and Cumulative 2035 with Project Condition.

The proposed Folsom Corporate Center Apartments project is expected to generate a total of 81 vehicle-trips during the weekday AM peak hour and 104 vehicle-trips during the weekday PM peak hour trips. Overall, the proposed project is projected to generate atotal of I,376 daily vehicle trips. Based on the projected volume ofproject-related vehicle trips, the Transportation Study concluded that the proposed project would not have a significant impact on vehicle level of service (LOS) at any of the 17 study intersections. In addition, the Transportation Study determined that the proposed project would not have a significant impact relative to Vehicle Miles Traveled (VMT).

While the Transportation Study determined that the proposed project would not have any significant impacts on study intersections relative to LOS and VMT, the Study did indicate 17Page 1795
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that the project would result in a queueing deficiency (project would add 1 vehicle to a queue that already exceeds available storage) in the AM Peak Hour for the westbound left-turn lanes at the intersection of Prairie City Road and Iron Point Road under two different study scenarios (Existing 2021Conditions with Project and EPAP 2026 Conditions with Project). To address this impact and reduce the vehicle queuing caused by the proposed project, the Transportation Study recommends the following measure (Condition No. 51) be implemented:

The owner/applicant shall modifu Prairie City Road/ Iron Point Road signal timing plan by shifting 1 second from the eastbound through movement to the westbound left turn movement, reduce the vehicle extension setting from adding five to six additional seconds to the green phase for through movements to adding four seconds to the green phase for through movements for each vehicle passing the detector after the minimum green phase length has been exceeded. This mitigation measure shall be implemented by the City through the reimbursement agreement with the owner/applicant to cover any City costs. The implementation of this mitigation measure shall occur prior to issuance of the first building permit.
and On-Si
As shown on the submitted site plans (Attachments 8 and 9), access to the project area (Folsom Corporate Center) is provided by three existing driveways located on the south side of Iron Point Road. Primary vehicle access to Lot 1 is provided by a new driveway on south side of an existing private ring road with secondary access provided by two emergency vehicle access driveways also situated on the south side of the ring road. Primary vehicle access to Lot 6 is provided by a new driveway on the north side of the private ring road with secondary access served by an emergency vehicle access driveway also positioned on the north side of the ring road. Each of the project driveways from the private loop roads will accommodate all vehicle turning movements into and out of the respective sites. In addition, all project driveways will have access controlled by a vehicle gate. Internal vehicle circulation is provided by 27-footwide drive aisles that accommodate movement in and around the project sites. Pedestrian circulation is provided by a combination of new sidewalks and existing sidewalks located along the private ring road and also along Iron Point Road. Intemal pedestrian circulation is accommodated by a series of new pedestrian pathways that provide connectivity to the apartment buildings, the clubhouse building, and the perimeter sidewalks. Access and circulation exhibits for the proposed project are shown in the figures on the following pages. 18Page 1796
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FIGURE 9: OVERALL ACCESS AND CIRCULATION EXHIBIT
LOT 6
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FIGURE 10: LOT 1 ACCESS AND CIRCULATION EXHIBIT
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Blue Line: Vehicle Access
Red Line: Pedestrian Access
Green Line: Future Trail and Connection
Blue Line: Vehicle Access
Red Line: Pedestrian Access
Green Line: Future Trail and Connection
l9Page 1797
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FIGURE I 1: LOT 6 ACCESS AND CIRCULATION EXHIBIT L 6

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The Transportation Impact Study prepared for the proposed project evaluated the internal operation and configuration of the project access system in terms of right-turn deceleration lanes and tapers for driveways, minimum required driveway throat depth, emergency vehicle access, and entry gate queuing. As referenced previously within this report, the project parcels are accessed via private roadways within the Folsom Corporate Center. Access to City streets (Iron Point Road) is not being modified by the proposed project, thus the City's requirements for right-turn tapers and deceleration lanes are not applicable. Additionally, the Study determined that vehicle speeds and volumes within the Folsom Corporate Center's internal roadway network do not create a safety issue that would necessitate right-turn tapers and deceleration lanes at either of the internal project driveways.

As noted earlier, access to the two project parcels is provided by an existing private roadway network within the Folsom Corporate Center. As a result, the City's minimum required throat depth is not applicable. The Study determined that the design and throat depth of each of the proposed project driveways was acceptable and would function appropriately. In terms of emergency vehicle access, there are three gated emergency vehicle access driveways proposed to serve the proposed project. In addition, the project's internal drive isles have 25-foot inner/50-foot outer minimum turning radii to accommodate all fire and police department access. Based on this information, the Study determined that adequate emergency vehicle access is being provided for the project.

Blue Line: Vehicle Access
Red Line: Pedestrian Access
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Primary vehicle access to Lot I is provided by a new driveway on south side of an existing private ring road and primary vehicle access to Lot 6 is provided by a new driveway on the north side of the private ring road. Both of these project driveways will have access controlled by a vehicle gate. As shown on the submitted Individual Site Plans and Details (Attachment 9), the two project driveways have been designed to accommodate queuing of up to three vehicles for entry into the respective sites. The Study determined that the design of the two project driveways provides adequate queuing space for vehicles entering the project sites.

To ensure implementation of the traffic control and pedestrian circulation measures identified on the submitted site plans, staff recommends the following recommendations be included as conditions of approval for the project (Condition No. 52):

A "stop" sign and appropriate pavement markings shall be installed at the internal approach to the private ring road at the two primary project driveways.

The vehicle entry gates at the two primary project driveway locations shall open inward, away from the private ring road or retract sideways. In addition, the design of the vehicle entry gates and the vehicle entry gate area shall conform to all requirements established by the City of Folsom for gated multi-family residential developments.

If vehicles are observed backing up into the private ring road at either of the two gated primary project entries, City staff will evaluate and require appropriate measures to alleviate the traffic congestion including but not limited to requiring the two project entry gates to remain open during the AM (7:00 a.m. to 9:00 a.m.) and PM (4:00 p.m. to 6:00 p.m.) peak hours on weekdays.

Residents of the Folsom Corporate Center Apartments project shall be issued remote transmitters to allow them to open the entry gates without needing to stop to enter a code in the keypad at either entrance location. o
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o The owner/applicant shall provide at least one pedestrian connection from Lot 1 to the southern property boundary to allow for a connection to the future Class I bicycle trail expected to be located within the 50-foot-wide landscape easement between the project site and U.S. Highway 50.

D. Parking
The Folsom Municipal Code (Section 17.18.110 Parking) requires 1.5 parking spaces per unit for multi-family structures and complexes located within the R-4 (General Apartment Zoning District) zoning district. The Design Guidelines for Multi-Family Development require that multi-family apartment developments provide 1.5 parking spaces for studio and one-bedroom units, 1.75 parking spaces for two-bedroom units ,2.0 parking spaces for three-bedroom units, and 1 guest parking space for every 5 apartment units.
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As noted in the Project Description, the proposed project includes a total of 253 apartment units including 16 studio units, 126 one-bedroom units, 97 two-bedroom units, and 14 threebedroom units. As shown and described on the submitted site plan, the proposed project provides a total of 491 parking spaces including 120 integrated garage parking spaces, 133 carport covered parking spaces, and 238 uncovered surface parking spaces. Based on this parking information, Staff has determined that the proposed project meets the parking requirements established by the Folsom Municipal Code by providing 491 parking spaces whereas 379 parking spaces are required. In addition, staff has determined that the proposed project meets the parking recommendations ofthe Design Guidelines by providing 491 parking spaces whereas 462 parking spaces are recommended.

The Section 17.57 requires multi-family residential
developments to provide one bicycle parking space for every five dwelling units. The proposed project features 55 bicycle parking spaces including 31 bicycle storage room in the Lot 6 clubhouse building, 20 bicycle parking spaces in bicycle storage room in the Lot 1 clubhouse building, and 4 additional bicycle parking distributed throughout both project parcels. In addition to the dedicated bicycle storage facilities, bicycle parking opportunities are provided in each of the 120 integrated garages on the project site. Staff has determined that the proposed project meets the bicycle parking requirements established by the Folsom Municipal Code Section 17.57.0 by providing 55 bicycle parking spaces whereas 51 bicycle parking spaces are required.

E. Noise Impacts
Based on the proximity of the project site to U.S. Highway 50, Iron Point Road, and existing commercial land uses within the immediate project vicinity, acoustical measurements and modeling were preliminarily prepared by Bollard Acoustical on May 3,202I and bolstered by Helix Environmental Planning on February 23 , 2022 lo analyze potential noise impacts at the proposed Folsom Corporate Center Apartments project site. The purpose of the noise analysis was to quanti$ existing noise levels associated with traffic on U.S. Highway 50 and Iron Point Road, and to compare those noise levels against the applicable City of Folsom noise standards for acceptable noise exposure at the project site. In addition, noise generated by the proposed project including construction activities, on-site parking/circulation, and mechanical equipment noise, was also evaluated in the noise analysis.

Two aspects of noise impacts were evaluated relative to the proposed apartmentproject, noise directed at the proposed project, and noise caused by the proposed project. As noted previously, the predominant existing noise sources in the project vicinity that cause an impact to the project site are from vehicles traveling on U.S. Highway 50 and Iron Point Road, as well as background noises from adjacent nearby commercial land uses. Potential noise impacts that might result from development ofthe Folsom Corporate Center Apartments project community are construction-related activities and operational activities. Construction-related noise would have a short-term effect, while operational noise would continue throughout the lifetime of the project.
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The Noise Element of the City of Folsom General Plan regulates noise emissions from public roadway traffic on new development of residential or other noise sensitive land uses. The Noise Element states that noise from traffic on public roadways shall not exceed 65 CNEL for outdoor use areas and 45 CNEL for interior use areas. To evaluate such potential noise impacts to the proposed project, Bollard Acoustical conducted ambient noise measurements to calibrate the predictive noise modeling program that estimates noise levels based on estimated future traffic noise affecting the project site.

As stated above, a significant direct noise impact would occur if traffic-related noise levels exceed 65 CNEL at the proposed project's designated outdoor use areas (outdoor pool/amenity areas). The noise modeling program determined that the outdoor noise level at the clubhouse area on Lot I would be 65 CNEL, while the outdoor noise level at the clubhouse area on Lot 6 would be 63 CNEL. Based on these projected noise levels at the project two exterior use areas, staff has determined that the proposed project would comply with the City's exterior noise threshold.

As referenced above, a significant direct noise impact would also occur if the project's interior use areas would be exposed to noise levels greater than 45 CNEL from roadway traffrc. A 45 CNEL interior limit would be achieved if exterior locations are exposed to a noise level of 60 CNEL or less, based on a typical attenuation of 15-20 dB by standard residential building construction. The noise modeling program determined thatthree buildings on Lot 1 (Buildings 1,2, andT) andtwo buildings on Lot 6 (Buildings 2 and 5) would potentially exceed the City's interior noise level standard of 45 CNEL. To reduce these potential noise impacts to a less than significant level and comply with the City's interior noise level standards, staff recommends that the following measures be implemented (Condition No. 56).

For habitable areas (both living rooms and bedrooms) with a direct line-of-sight to U.S.

Highway 50 for Lot 1 and Iron Point Road for Lot 6, the following measures shall be incorporated in the design of the project to reduce interior noise levels to 45 CNEL or less:

Lot 1 (Buildings 1 and2) and Lot 6 (Building 2) - Minimum exterior wall requirement ofSTC 46.

Lot 1 (Buildings I and}) and Lot 6 (Building 2) - Minimum window and glass sliding door requirement of STC 35.

Lot 1 (Building 7) and Lot 6 (Building 5) - Minimum window and glass sliding door requirement of STC 28.

The building design shall include a mechanical ventilation system that meets the criteria of the International Building Code (Chapter 12, $1203.3 of the 2013 California Building Code) to ensure that windows would be able to remain permanently closed. a
o
a
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Construction of the Folsom Corporate Center Apartments project would temporarily increase noise levels in the project vicinity during the construction period, which would take approximately 20 to 26 months. Construction activities, including site clearing, excavation, grading, building construction, and paving, 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 Crty'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. In addition, staff recommends that construction equipment be muffled and shouded to minimize noise levels. Condition No. 55 is included to reflect these requirements.

Operational noises generated by the proposed project include sounds associated with new vehicle trips, vehicle parking, and mechanical equipment associated with the apartment project. Persons and activities potentially sensitive to noise in the project vicinity include residents within the Broadstone Unit No. 2 Subdivision (150 feet north across Iron Point Road) across Iron Point Road to the north of the project site, residents within the Sherwood Apartments (approximately 450 northeast of the project site across Iron Point Road), and residents of the Revel Senior Living Apartments (approximately 500 feet to the west). Due to the limited volume of project-generated vehicle trips (81 weekday AM peak hour trips and 104 weekday PM peak hour trips), vehicle noise exposure would increase only slightly as compared to existing conditions in the project vicinity. Based on the significant distance and buffers between the project site and the nearby residential land uses, staff has determined that potential noise impacts relative to these operational noise sources will not be significant.

F. Walls/Fencing
The proposed project includes the construction of retaining walls and fencing. As shown on the submitted Grading and Drainage Plans (Attachment 1 1), retaining walls that predominantly range from l-8 feet in height, with a maximum height of 15 ft at Lot 6 at the northeast corner.

The walls are proposed to be constructed in various locations on Lot 1 and Lot 6 due to substantial changes in elevation on the sites. As shown the submitted Landscape Plan and Details (Attachment 12), decorative six-foot-tall metal open view fencing is proposed to be placed around the perimeter of Lots 1 and 6. In addition to the perimeter fencing, vehicle gates and pedestrian gates are also proposed at various locations on the Lots 1 and 6. Staff recommends that the final location, design, height, materials, and colors of the retaining walls, fences, and gates be subject to review and approval by the Community Development Department. Condition No. 59 is included to reflect this requirement.

G. Site Lighting
As shown on the Preliminary Lighting Plan (Attachment 14), the applicant is proposing to use a combination of pole-mounted parking lot lighting, carport lighting, building-attached 24Page 1802
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lighting, and bollard lights along the walkways on the project site. All lighting would be designed to minimize light/glare impacts to the adjacent properties by ensuring that all exterior lighting is shielded and directed downward. Staff recommends that the final exterior building and site lighting plans be submitted for review and approval by Community Development Department for location, height, aesthetics, level of illumination, glare and trespass prior to the issuance of any building permits. In addition, staff recommends all lighting is designed to be shielded and directed downward onto the project site and away from adjacent properties and public rights-of-way. Condition No. 23 is included to reflect these requirements.

H. TrashlRecycling
The proposed project includes three trash/recycling enclosures to manage trash, recycling, and organics associated with the apartment community. Lot I includes one trash/recycling enclosure and one trash compactor, while Lot 6 includes two trash/recycling enclosures. The proposed trash/recycling enclosures, which are constructed of textured concrete masonry blocks with a decorative trim cap, feature metal gates to control access. Staff recommends that the final location, design, materials, and colors of the trash/recycling enclosures be subject to review and approval by the Community Development Department. Condition No. 58 is included to reflect these requirements.

I. Existing and Proposed Landscaping
Lot 1, which is largely undisturbed, is predominantly comprised of non-native annual grassland with a single oak tree situated in the southeast corner of the site. Lot 1 does include small parking lot area with associated landscaping in the northwest corner of the project site. This small parking lot and landscaped area, which is associated with the adjacent Kaiser Permanente Medical Office Complex, is proposed to remain in place. A 50-foot-wide landscape easement, which is located between the southem boundary of Lot 1 and U.S. Highway 50, is steeply sloped and contains non-native grasses. Lot 6, which has been greatly disturbed by prior grading and stockpiling activities, features non-native grasses with a small stand of oak trees located in the southwest corner of the site. A 20-foot-wide landscape easement, which is located within the northem portion of Lot 6 adjacent to Iron Point Road, features a rockery retaining wall and sidewalk with minimal landscaping and non-native grasses.

As shown on the Preliminary Landscape Plans (Attachment l2),the applicant is proposing to install landscaping that features California-native and low water-use trees, shrubs, and groundcover selections intended to comply with the requirements of the Model Water Efficiency Landscape Ordinance (MWELO). Proposed landscape improvements include a variety of drought-tolerant trees, shrubs, and groundcover. Among the proposed trees are; Chinese Pistache, Coast Live Oak, Dwarf Strawberry Tree, Interior Live Oak, Red Crape Myrtle, Redpointe Maple, Sweet Bay, and Swan Hill Olive. Proposed shrubs and groundcover include; Australian Bluebell Creeper, Autumn Sage, Deer Grass, Dwarf Bottlebrush, Dwarf Hawthorne, Heavenly Bamboo, Manzanita, Red Fountain Grass, and Biofiltration Sod. The 25Page 1803
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preliminary landscape plan meets the CAlgreen and City shade requirement by providing 50 percent shade in the parking lot area within fifteen years. Staff recommends that the final landscape plans be reviewed and approved by the Community Development Department.

Condition No. 36 is included to reflect this requirement.

Oak Tree and Removal
Chapter 12.t6 of the Folsom Municipal Code, the Tree Preservation Ordinance, regulates the cutting or modification oftrees, including oaks and specified other trees; requires a Tree Permit prior to cutting or modification; and establishes mitigation requirements for cut or damaged trees. The Tree Preservation Ordinance establishes policies, regulations, and standards necessary to ensure that the City will continue to preserve and maintain its 'ourban forests".

An Arborist Report and Arborist Inventory prepared for the proposed project found that the project parcels contain a total of 1l protected native oak trees (oak trees measuring six inches in diameter or larger) including nine Blue Oaks and two Valley Oaks. Of the 11 oak trees mentioned above, one Blue Oak tree located on Lot 6 is recommended for removal due to compromised health and structural defects. The remaining ten native oak trees, which are located on Lot 6, are identified as being in fair to good condition by the Arborist Report.

As shown on the submitted Landscape Plan, the applicant is proposing to preserve three oak trees on the project site including a 41" diameter Blue Oak tree (Heritage Tree) on Lot 1 and two Blue Oak trees (30" and 26" in diameter respectively) on Lot 6. The remaining eight oak trees on the project site (southwest corner or Lot 6) are proposed to be removed to allow for development of the proposed project. To offset the loss of the protected native oak trees, the applicant is proposing to plant 35 Mitigation Oak trees (Coast Live Oak and Interior Live Oak) in appropriate locations (through consultation with the City Arborist) on the project site and to pay in-lieu fees for any outstanding Oak tree mitigation that is required. To mitigate the impact to the protected native Oak trees, staff recommends that the following measures be implemented (Condition No. 37) in accordance with requirements of the Tree Preservation Ordinance:

A Tree Permit Application containing an Application Form, Tree Protection and Mitigation Plan, and Arborist Report shall be submitted to the City of Folsom by the owner/applicant for issuance of a Tree Work Permit and Tree Removal Permit prior to commencement of any grading or site improvement activities. The tree protection and mitigation plan shall be prepared in collaboration with a qualified arborist and shall be subject to review and approval by the City. The tree protection and mitigation plan shall contain the contact information of the project arborist and shall be included in all associated plan sets for the project.
a
Removal of any protected tree shall be mitigated by planting replacement trees andlor payment of "In-Lieu" fees on a diameter inch basis in accordance with FMC. Section 12.16.150. The proposed method of mitigation shall be subject to review and approval by the City.
a
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a
a
a
Prior to starting construction, oak trees to be preserved shall be fenced with high visibility fencing consistent with the city-approved tree protection and mitigation plan.

Parking of vehicles, equipment, or storage of materials is prohibited within the Tree Protection Zone of Protected Trees at all times. Signs shall be posted on exclusion fencing stating that the enclosed trees are to be preserved. Signs shall state the penalty for damage to, or removal of, the protected tree.

The owner/applicant shall retain the services of a project arborist for the duration of the development project to monitor the health of oak trees to be preserved and carry out the City-approved tree protection plan. All regulated activity conducted within the Critical Root Zone of protected trees, as that term is defined in Folsom Municipal Code (FMC) 12.16.020, shall be performed under the direct supervision of the project arborist. A copy of the executed contract for these arboricultural services shall be submitted to the City prior to the issuance of any tree or grading permits Certification letters by the project arborist attesting compliance with the tree protection and mitigation plan and tree permit conditions shall be submitted to the City at the following stages of the project:

The owner/applicant shall plant 35 Mitigation Oak Trees on the project site in the locations as shown on the Preliminary Landscape Plans. The final number, location, and type of Mitigation Oak Trees shall be subject to review and approval by the Community Development Department. The owner/applicant shall pay in-lieu fees for any outstanding required Oak Tree Mitigation that is not satisfied through planting of Mitigation Oak Trees.

J. Conformance with Relevant General Plan Goals and Policies The City of Folsom General Plan (2035) outlines a number of goals, policies, and implementation programs designed to guide the physical, economic, and environmental growth of the City. Staff has determined that the proposed project is consistent with the General Plan goals and policies as outlined and discussed below:

APPLICABLE GENERAL AN GOAI,S AND POI,ICIE,S
GP GOAL LU 1.1 (Land Use/Growth and Chanee)
Retain and enhance Folsom's quality of life. oue identitv- and sense of communitv while continuing to grow and change.

GP POLICY LU 1.1.12-1 (Infill Development)
Respect the local context: New development should improve the character and connectivity of the neiehborhood in which it occurs. Phvsical desisn should resoond to the scale and features of the surrounding community" while improving critical elements such as transparensy and permeability.

The proposed project is consistent with this policy in that the project features significant site and design improvements which will enhance the overall character of the area including 27Page 1805
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introducing new market rate apartment units with a contemporary modern residential design intended to complement the architecture and design of existing residential and commercial buildings in the project vicinity.

GP POLICY LU 1.1.15 (SACOG Blueprint Principles)
Strive to adhere to the Sacramento Reeioqal Blueprint Gro!fih Pr The proposed project is consistent with this policy in that the project has been designed to adhere to the primary SACOG Blueprint Principles including Compact Development, Housing Choice and Diversity, Use of Existing Assets, and Quality Design. Compact Development involves creating environments that are more compactly built and use space in an efficient but attractive matrner to encourage more walking, biking, and transit use and shorter auto trips.

Housing Choice and Diversity includes providing a variety of places where people can live (apartments, townhomes, condominiums, and single-family detached homes) and also creating opportunities for the variety of people who need them such as families, singles, seniors, and people with special needs. Use of Existing Assets entails intensification of the existing use or redevelopment in order to make better use of existing public infrastructure, including roads.

Quality Design focuses on the design details of any land development (such as relationship to the street, placement of buildings, sidewalks, street widths, landscaping, etc.), which are all factors that influence the attractiveness of living in a compact development and facilitate the ease of walking within and in and out of a community.

APPLICABLE GENERAL N GOAI,S AND POI,ICIF],S
GP GOAL LU 6.1 (Residential Neishborhoods)
Allow for a F
arpqla nnmnlcfc qnd o-.jl o-n^rr.o-o rtrqlLi-- onrl lriLinc livable neiohhnr GP POLICY LU 6.1.3 Gfficiency through Deqsity)
ln residential densities in identified urban
mixed-use districts. Encourase new tvnes to shift from lower-densitv- larse-lot developments to higher-density. small-lot and multifamily developments. as a means to increase enersv efficiency" conserve water. reduce waste- as well as increase access to services and amenities (e.g.. open space) through an emphasis on mixed uses in these higher-density developments.

The proposed project is consistent with this policy in that the project is a new market-rate multi-family residential project developed at a residential density of 2L2 units per acre. Its location within Folsom Corporate Center and proximity to the Folsom Gateway retail center will create a compact/horizontal mixed-use development. The proposed project design will be consistent with California Green Building Standards Code (CALGreen), and the residential units are being designed to be all-electric, and the project intends to participate the SMUD SolarShares program. In addition, the proposed project includes electric vehicle charging stations, and will meet or exceed the percentage of electric vehicle capable parking spaces per CALGreen code.
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GP GOAL M 4.1 ff Traffic and Parkins)
Ensure a safe and efficient network ofstreets for cars and trucks. as as nrovide an adeouate supply of vehicle parking.

GP POLICY M 4.1 .3 (Level of Service)
Strive to achieve a least traffic Level of Service "D" (or better) for local streets and roadwavs throushout the Citv. In desisnins transoortation imorovements. the will nrioritize use of smart technoloeies and innovative solutions that maximize efficiencies and safetv while minimizins the ohvsical footorint. During course of Plan buildout- it mav occur that temoorarilv hisher of Service result where roadwav ents have not been adeouatelv ohased as develooment oroceeds. However- this situation will be minimized based on annual traffic studies and monitoring programs. Staff will report to the City Council at regular intervals via the Capital improvement Program process for the Council to prioritize proiects integral to achievinq Level of Service D or better.

The proposed project is consistent with this policy in that the project will not result in a change in the level of service (LOS) atany of the 17 study intersections. In addition, the proposed project is anticipated to generate less than 82Yo of the regional per capita Vehicle Miles Traveled (VMT), consistent with new State Law that took effect July 1, 2020 (SB 743).

GP GOAL M 4.2 (Vehicle Traffic and Parkine)
Provide and manage a balanced approach to parking that meets economic development and sustainability goals.

GP POLIC Stations
installation of ln S
the citv. prioritizing installations at multi-family residential units.

The proposed project is consistent with this policy in that the project includes five electric vehicle charging stations to serve electric vehicles of residents and guests. In addition, the applicant has committed to having at least 10 percent of parking spaces be EV Capable. The number of proposed electric vehicle charging stations (5) and percentage of EV Capable parking spaces is consistent with the California Green Buildings Standards Code's provisions (10 percent of all parking spaces) required to be EV Capable) for multi-family residential development.

GP GOAL H-2 (Removine Barriers to the Production of Housins) To minimize sovemmental constraints on the develonment of housins for households of all income levels.

GP PO H2.7
The Citv shall educate the community on the needs. the realities and the benefits of affordable and hiqh-densit)' housing.
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The proposed project is consistent with this policy in that the project will result in development of a high-density market-rate apartment community on parcels that are not currently zoned for multi-family high density residential development.

K. Native American Consultation (SB 18/4852)
Senate Bill (SB) 18 was signed into law in September 2004 and became effective in March 2005. SB 18 requires city and county governments to consult with CaliforniaNative American tribes early in the planning process with the intent of protecting traditional tribal cultural places. In accordance with Government Code 65352.3(a)(2),the City sent project notifications to each of listed tribes on October 26,202I and afforded them 90 days to respond and request consultation. The City received a response from one tribe (UAIC-United Auburn Indian Community) who expressed a desire to consult regarding the proposed project. During the consultation process, the City provided UAIC with a Cultural Resources Assessment document that indicated there are no known Tribal Cultural Resources present on the project site.

Subsequently, UAIC submitted information to the City that stated that heritage trees, in general, are an important Tribal Cultural Resource. The City responded to UAIC that there is one Heritage Oak Tree on the project site (41" diameter Oak tree on Lot l) that is intended to be preserved. City staff also responded to UAIC that amitigation measure (Condition No. 39) will be placed on the project to protect any unanticipated discovery of Tribal Cultural Resources on the project site.

On March 9,2022, and in accordance with Government Code $65352(aX1l), the City mailed the 45-day referral notices to the listed tribes. No tribes provided comment within that timeframe. The City will mail specific details of the pending City Council public hearing to listed tribes at least 10 days in advance of the meeting, in accordance with Government Code $65092. In summary, the City has assumed and concluded consultation responsibilities in accordance with the Tribal Consultation Guidelines: Supplement to General Plan Guidelines Q.{ovember 14,2005) published by the Governor's Offrce of Planning and Research.

Assembly Bill (AB 52), which was signed into law in July 2015, requires City or County Governments to consult with Califomia Native American Tribes to identify Tribal Cultural Resources that may be significantly impacted by development projects and to avoid or mitigate those impacts. On September 2I,2027, the City sent project notification letters to the three California Native American tribes named on the City's AB 52 contact list, with the United Auburn Indian Community (UAIC) being the only tribe to respond. The City subsequently initiated consultation with UAIC concurrently with respect to AB 52 and SB 18 as the issues raised by UAIC under these two sets of State regulations were identical. On February 4,2022, the City concluded the consultation with UAIC with the acknowledgement that measures would be included with the project to ensure protection of the Heritage Oak Tree on Lot 1 and the protection of previously unknown Tribal Cultural Resources on the project site during construction activities.
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FINANCIAL IMPACT
No financial impact is anticipated with approval of the Folsom Corporate Center Apartments project as the project will be subject to all applicable development impact fees.

ENVIRONMENTAL REVIEW
Staff has prepared an Initial Study, MitigatedNegative Declaration, and Mitigation Monitoring and Reporting Program (Attachment 23) for the project in accordance with the California Environmental Quality Act (CEQA) and associated regulations and determined that with the proposed mitigations, the project will not have a significant effect on the environment. The Mitigated Negative Declaration has been prepared and noticed for public comment , and mitigation measures have been included as Conditions of Approval. One written comment was received from the public during the Mitigated Negative Declaration public review period (March 8,2022 to April 6,2022).

On March 24, 2022, the Sacramento Metropolitan Air Quality Management District (SMAQMD) submitted a response letter (Attachment 23) regarding the Initial Study and Mitigated Negative Declaration that was prepared for the proposed project. In the response letter, SMQAMD recommends that additional measures be implemented to protect residents from exposure to toxic air contaminant emissions produced by vehicles traveling on U.S.

Highway 50. Specifically, SMAQMD recommends that a continuous landscape buffer or dense landscape plantings be provided along the southern, westem, and eastern edges of the project site consistent with the Air District's Landscaping Guidancefor Improving Air Quality Near Roadways. As shown on the submitted Preliminary Landscaped Plans (Attachment 12), the project includes a robust amount of landscaping along the perimeter of the site (Lot 1) adjacent to U.S. Highway 50. However, to further reduce residents' exposure to air contaminant emissions, staff recommends additional landscape plantings be provided where feasible along the southern, westem, and eastern perimeter of Lot 1 to the satisfaction of the Community Development Department. Condition No. 45 is included to reflect this requirement. It is important to note that each of the apartment buildings will have a mechanical ventilation system that accommodates air filters with a minimum efficiency rating to reduce residents' exposure to air contaminant emissions.

In their letter, SMAQMD also recommends that the proposed project consider implementing additional energy related measures to help reduce the urban heat island effect. Specifically, SMAQMD recommends that certified cool roofs be installed on all of the apartment buildings and that solar photovoltaic shade structures be placed over the parking spaces in the area under the overhead power lines in the western portion of Lot 1. The applicant has indicated that they will be installing certified cool roofs on all the apartment buildings consistent with CAlgreen code requirements. Unfortunately, the placement of solar photovoltaic shade structures over parking spaces in the power line easemerf" area is not feasible because these types of structures are not permitted by the responsible utility agencies (PG&E and SMUD). However, it is important to reiterate that the applicant intends to participate in the SMUD SolarShares program.
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ATTACHMENTS

1. Resolution No. 10849 - A Resolution to Adopt a Mitigated Negative Declaration, Approve a General Plan Amendment, and Approve a Planned Development Permit for the Folsom Corporate Center Apartments project

2. Ordinance No. 1327 - An Uncodified Ordinance to amend the zoning designation for a

7.24-aqe parcel (Lot 1) from M-L PD to R-4 PD and to amend the zoning designation for a 4.68-acre parcel (Lot 6) from BP PD to R-4 PD for the Folsom Corporate Center Apartments project (Introduction and First Reading)

3. Planning Commission Staff Report, dated April6,2022

4. Minutes from April 6,2022 Planning Commission Meeting

5. Vicinity Map

6. General Plan Amendment Exhibits, dated November 16,2021

7. Rezone Exhibits, dated November 16,202I

8. Overall Site Plan, dated November 16,2021

9. Individual Site Plans and Details, dated February 8,2022

10. Preliminary Utility Plans, dated November 16,2021

11. Preliminary Grading and Drainage Plans, dated November t6,2021

12. Preliminary Landscape Plans and Details, dated November 16,202I

13. Preliminary Access and Circulation Plan, dated November 16,2021

14. Preliminary Lighting Plan and Details, dated November 16,2021

15. Building Elevations, Floor Plans, and Details dated November 16,202I

16. Color Renderings and Perspectives, dated November 16,202I

17. Color and Materials Board, dated November 16,202I

18. Signage Details, datedNovember 16,2021

19. Building and Parking Summary, dated February 8,2022

20. Site Photographs

21. Transportation Impact Study, dated February,2022

22.lnitial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, dated March 2022 (electronic version available at www.folsom.ca.us/ govemment/communitv-development/plannine-services/current-project-information)

23. SMAQMD ISMND Response Letter, dated March 24,2022

24. Attachmerrt"24 - Folsom Corporate Center Planned Development Guidelines Submitted,

PAM JOHNS
Community Development Director
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Attachment No. I
Resolution No. 10849 - A Resolution to Adopt a Mitigated Negative Declaration, Approve a General Plan Amendment, and Approve a Planned Development Permit for the Folsom
Corporate Center Apartments project

05/10/2022 Item No.19.

RESOLUTION NO. 10849

A RESOLUTION TO ADOPT A MITIGATED NEGATIVE DECLARATION,

APPROVE A GENERAL PLAN AMENDMENT, AND APPROVE A PLANNED

DEVELOPMENT PERMIT FOR THE FOLSOM CORPORATE CENTER

APARTMENTS PROJECT
WHEREAS, the Planning Commission on April 6,2022, held a public hearing on the proposed General Plan Amendment, considered public comment and determined that the development of a market rate apartment community on the project site is consistent with and compatible to the existing land uses in the project vicinity which are a mixture of commercial and residential land uses, thus providing sufficient justification for changing the General Plan land use designations from IND (Industrial/Office Park) to MHD (Multi-Family High Density; and
WHEREAS, the Planning Commission on April 6,2022 held a public hearing on the proposed Planned Development Permit, considered public comment and determined that based on the proposed building design, building heights, building setbacks, lot configuration, lot areas, building coverage, density, and parking, the project is consistent with the City's General Plan, the Folsom Municipal Code, and the Folsom Corporate Center Planned Development Guidelines; and
WHEREAS, notice has been given at the time and in the manner required by State Law and City Code; and
WHEREAS, staff has prepared a Mitigated Negative Declaration in accordance with the Califomia Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the City Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Folsom Corporate Center Apartments, Amend the General Plan land use designation for a7.24-acre parcel (Lot 1) and a 4.68-acre parcel (Lot 6) from ND (Industrial/Office Park) to MHD (Multi-Family High Density, and Approve a Planned Development Permit for the development of a 253-unit market rate apartment community for the Folsom Corporate Center Apartment Community project, with the General Plan map exhibit as set forth on Exhibit A and the conditions of approval as set forth on Exhibit B and the following findings:

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, THE ZONING

CODE OF THE CITY, AND THE FOLSOM CORPORATE CENTER PLANNED DEVELOPMENT GUIDELINES AS AMENDED.

Resolution No. 10849
Page I of31
A.

B.

05/10/2022 Item No.19.

C.

D,

CEOA FINDINGS

A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED FOR THE PROJECT IN ACCORDANCE WITH CEQA.

THE CITY COUNCIL HAS CONSIDERED THE PROPOSED MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM BEFORE MAKING A DECISION REGARDING THE PROJECT.

ON THE BASIS OF THE WHOLE RECORD BEFORE THE CITY COLINCIL, THERE

IS NO SUBSTANTIAL EVIDENCE THAT THE PROJECT, AS CONDITIONED, WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.

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, AS CONDITIONED AND CONSISTENT WITH THE

REQUIRED MITIGATION MONITORING AND REPORTING PROGRAM, WOULD

NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WITH
MITIGATION MEASURES.

H THE LOCATION AND CUSTODIAN OF THE DOCUMENTS WHICH CONSTITUTE THE RECORD OF PROCEEDINGS UPON WHICH THE DECISION IS BASED ARE:

CITY OF FOLSOM COMMUNITY DEVELOPMENT DEPARTMENT, 50 NATOMA STREET, FOLSOM, CA 95630.

GENERAL PLAN AMEND MI|INT F'INDINGS

THE PROPOSED GENERAL PLAN AMENDMENT IS CONSISTENT WITH THE

GOALS, POLICIES AND OBJECTIVES OF THE CITY OF FOLSOM GENERAL PLAN

THE PROPOSED GENERAL PLAN AMENDMENT IS CONSISTENT WITH THE

OBJECTIVES OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN AND DEVELOPMENT POLICIES.

THE PROPOSED GENERAL PLAN AMENDMENT WILL NOT RESULT IN A NET LOSS OF RESIDENTIAL CAPACITY.

L. THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST.

Resolution No. 10849
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E
F
G
I
J
K.

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N
M. PURSUANT TO GOVERNMENT CODE SECTION 65352.3, THE CITY

CONTACTED ALL CALIFORNIA NATIVE AMERICAN TRIBES ON THE

CONTACT LIST MAINTAINED BY THE NATIVE AMERICAN HERITAGE COMMISSION IN ASSOCIATION WITH THIS PROJECT. THE CITY RECEIVED

ONE REQUEST FOR CONSULTATION FROM A NATIVE AMERICAN TRIBE,

INITIATED CONSULTATION, AND SUBEQUENTLY CONCLUDED
CONSULTATION ON FEBRUARY 4,2022

REZONE FINDING

THE PROJECT IS CONSISTENT WITH THE CITY'S GENERAL PLAN, THE FOLSOM MI]NICIPAL CODE, AND THE FOLSOM CORPORATE CENTER PLANNED DEVELOPMENT GUIDELINES AS AMENDED.

PLANNED DEVELO PERMIT F'INDINGS

THE PROPOSED PROJECT COMPLIES WITH THE INTENT AND PURPOSES OF CHAPTER 17.38 (PLANNED DEVELOPMENT DISTRICT) OF THE FOLSOM MUNICIPAL CODE AND OTHER APPLICABLE ORDINANCES OF THE CITY.

THE PROPOSED PROJECT IS CONSISTENT WITH THE OBJECTIVES, POLICIES AND REQUIREMENTS OF THE DEVELOPMENT STANDARDS OF THE CITY.

THE PHYSICAL, FTINCTIONAL AND VISUAL COMPATIBILITY BETWEEN THE

PROPOSED PROJECT AND EXISTING AND FUTURE ADJACENT USES AND AREA CHARACTERISTICS IS ACCEPTABLE.

THERE ARE AVAILABLE PUBLIC FACILITIES, INCLUDING BUT NOT LIMITED

TO, WATER, SEWER AND DRAINAGE TO ALLOW FOR THE DEVELOPMENT OF THE PROJECT SITE IN A MANNER CONSISTENT WITH THIS PROPOSAL.

THE PROPOSED PROJECT WILL NOT CAUSE LINACCEPTABLE VEHICULAR TRAFFIC LEVELS ON SURROI.INDING ROADWAYS, AND THE PROPOSED PROJECT WILL PROVIDE ADEQUATE INTERNAL CIRCULATION.

THE PROPOSED PROJECT WILL NOT BE DETRIMENTAL TO THE HEALTH,

SAFETY AND GENERAL WELFARE OF THE PERSONS OR PROPERTY WITHIN THE VICINITY OF THE PROJECT SITE, AND THE CITY AS A WHOLE.

ADEQUATE PROVISION IS MADE FOR THE FURNISHING OF SANITATION

SERVICES AND EMERGENCY PUBLIC SAFETY SERVICES TO THE PROJECT Resolution No. 10849

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05/10/2022 Item No.19.

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED AND ADOPTED this 10ft day of May,2022,by the following roll-call vote:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10849

05/10/2022 Item No.19.

Exhibit A
General Plan Amendment Exhibits
Resolution No. 10849

05/10/2022 Item No.19.

General Plan Amendment Exhibit (Lot 1)
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05/10/2022 Item No.19.

Exhibit B
Conditions of Approval
Resolution No. 10849

05/10/2022 Item No.19.
cor\DrTroNs or AppRovAL FoR TrrE FoLsoM coRPoRATE CENTER APARTMENTS PROJECT (PN 2l-120) GENERAL PLAI\ AMEI\DMENT, REZONEO AND PLAI\IIED DEVELOPMENT PERMIT souTH SIDE OF rRON POINT ROAD, SLIGHLTY EAST OF OAK AVENUE PARr(WAY B cD (PXE)
The applicant shall submit final site development plans to the CommunityDevelopment Department that shall substantially conform to the exhibits referencedbelow:
l. Vicinity Map 2. General Plan Amendment Exhibits, dated November 16,2021

3. Rezone Exhibits, dated November 16,2021

4. Overall Site Plan, dated November 16,2021

5. Individual Site Plans and Details, dated February 8,20226. Preliminary Utility Plans, dated November 16,2021 7. Preliminary Grading and Drainage Plans, dated November 16,2021 8. Preliminary Landscape Plans and Details, dated November 16,2021 9. Preliminary Access and Circulation Plan, datedNovember 16,2021

10. Preliminary Lighting Plan and Details, dated November 16,20211 1. Building Elevations, Floor Plans, and Details dated November 16,202112. Color Renderings and Perspectives, dated November 16,202113. Color and Materials Board, dated November 16,202114. Signage Details, dated November 76,202115. Building and Parking Summary, dated February 8,2022 The project is approved for the development the 253-unit Folsom Corporate CenterApartment Community, which includes l1 three-story apartment buildings, twoclubhouse buildings, and associated site improvements. Implementation of the project shall be consistent with the above-referenced items as modified by these conditions of approval.

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Resolution No. 10849Page 9 of3l

05/10/2022 Item No.19.
cD (PXEXB)
cD (P)
cD (PXEXB)

PW, PR, FD,
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DEVELOPMENT COSTS AND FEE REQUIREMENTS
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Building plans, and all civil engineering and landscape plans, shall be submitted to theCommunity Development Department for review and approval to ensure conformance with this approval and with relevant codes, policies, standards and other requirements ofthe Citv of Folsom.

The project approvals (Planned Development Permit) granted under this staff report shall remain in effect for two years from final date of approval (May 10, 2024). Failure to obtain the relevant building (or other) permits within this time period, without the subsequent extension of this approval, shall result in the termination of this approval.

The owner/applicant shall defend, indemnifr, and hold harmless the City and its agents,officers and employees from any claim, action or proceeding against the City or itsagents, officers or employees to attack, set aside, void, or annul any approval by theCity or any of its agencies, departments, commissions, agents, officers, employees, or legislative body concerning the project. The City will promptly notifz the owner/applicant of any such claim, action or proceeding, and will cooperate fully in thedefense. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur:
o The City bears its own attorney's fees and costs; ando The City defends the claim, action or proceeding in good faith The owner/applicant shall not be required to pay or perform any settlement of suchclaim, action or proceeding unless the settlement is approved by the owner/applicant.The owner/applicant shall be required to participate in a mitigation monitoring andreporting program pursuant to City Council Resolution No. 2634 and Public ResourcesCode 21081.6. The mitigation monitoring and reporting measures identified in theMitigated Negative Declaration prepared for this project have been incorporated into these conditions of approval in order to mitigate or avoid significant effects on the environment. These mitigation monitoring and reporting measures are identified with acheck mark(/\ in the mitigation measure column.

The owner/applicant shall pay all applicable taxes, fees and charges at the rate andamount in effect at the time such taxes. fees and charges become due and pavable.If applicable, the owner/applicant shall pay off any existing assessments against the property. or file necessary segregation request and pav applicable fees.

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6 Resolution No. 10849Page l0 of31

05/10/2022 Item No.19.
cD (PXE)
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The City, at its sole discretion, may utilize the services of outside legal counsel to assistin the implementation of this project, including, but not limited to, drafting, reviewingand/or revising agreements andlor other documentation for the project. If the City utilizes the services of such outside legal counsel, the applicant shall reimburse the City for all outside legal fees 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.If the City utilizes the services of consultants to prepare special studies or provide specialized design review or inspection services for the project, the applicant shall reimburse the City for actual costs it incurs in utilizing these services, including administrative costs for City personnel. A deposit for these services shall be provided prior to initiating review of the improvement plans or beginning inspection, whichever is applicable.

This project shall be subject to all City-wide development impact fees, unless exempt by previous agreement. This project shall be subject to all City-wide development impact fees in effect at such time that a building permit is issued. These fees mayinclude, but are not limited to, fees for fire protection, park facilities, park equipment, Quimby, Humbug-Willow Creek Parkway, Light Rail, TSM, capital facilities and traffic impacts. The 90-day protest period for all fees, dedications, reservations or other exactions imposed on this project has begun. The fees shall be calculated at the fee rate in effect at the time of buildine permit issuance.

The owner/applicant agrees to pay to the Folsom-Cordova Unified School District the maximum fee authorized by law for the construction and/or reconstruction of school facilities. The applicable fee shall be the fee established by the School District that is ineffect at the time of the issuance of a building permit. Specifically, the owner/applicantagrees to pay any and all fees and charges and comply with any and all dedications orother requirements authorized under Section 17620 of the Education Code; Chapter 4.7(commencing with Section 65970) of the Government Code; and Sections 65995, 65995.5 and 65995.7 of the Government Code.
7 8.
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Resolution No. 10849
Page ll of31

05/10/2022 Item No.19.

SITE DEVELOPMENT REOUIREMENTS
cD (E)
cD (PXE)
cD (E)
cD (E)cD (E)
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Prior to the issuance of any grading and/or building permit, the owner/applicant shall have a geotechnical report prepared by an appropriately licensed engineer that includes an analysis of site suitability, proposed foundation design for all proposed structures,and roadway and pavement design.

Public and private improvements, including roadways, curbs, gutters, sidewalks, bicyclelanes and trails, streetlights, underground infrastructure and all other improvements shall be provided in accordance with the current edition of the City of Folsom Standard Construction Specifications and the Design and Procedures Manual and Improvement Standards. All necessary rights-of-way and/or easements shall be dedicated to the City of Folsom for these improvements.The applicant/owner shall submit water, sewer and drainage studies to the satisfaction of the Community Development Department and provide sanitary sewer, water and storm drainage improvements with corresponding easements, as necessary, in accordance with these studies and the current edition of the City of Folsom Standard Construction Specifications and the Design and Procedures Manual and Improvement Standards.

The improvement plans for the required public and private improvements shall bereviewed and approved by the Community Development Department prior to issuance of a buildine permit for the proiect.Final lot and building configurations may be modified to allow for overland release of storm events greater than the capacity of the underground system.

The owner/applicant shall coordinate the planning, development and completion of this proiect with the various utility agencies (i.e., SMUD, PG&E, etc.).

The owner/applicant shall be responsible for replacing any and all damaged or hazardous public sidewalk, curb and gutter along the site frontage and/or boundaries, including pre-existing conditions and construction damage, to the satisfaction of the Community Development Department.For any improvements constructed on private properly that are not under ownership orcontrol of the owner/applicant, a right-of-entry, and if necessary, a permanent easement shall be obtained and provided to the City prior to issuance of a grading permit andlorapproval of improvement plans.

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18. Resolution No. 10849

05/10/2022 Item No.19.
cD (E)
cD (E)cD (E)
cD (P)

STORM WATER POLLUTION/CLEAN WATER ACT REOUIREMENTS
cD (E)cD (E)
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G, I,B

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The on-site water and sewer systems shall be privately owned and maintained. The fire protection system shall be separate from the domestic water system. The fire system shall be constructed to meet the National Fire Protection Association Standard 24.The domestic water and irrigation system shall be metered per City of Folsom Standard C ons truction Sp e cific at ions.

Any reimbursement for public improvements constructed by the applicant shall be in accordance with a formal reimbursement agreement entered into between the City and the owner/applicant prior to approval of the improvement plans.

The owner/applicant shall dedicate a 12.5-foot-wide public utility easement forunderground facilities and appurtenances adjacent to all public rights-of-way. Theowneriapplicant shall also dedicate any private drive, ingress, and egress easement as a public utility easement for underground facilities and appurtenances. An easement shall also be dedicated to SMUD based on the location of as constructed facilities placed beyond the limits of the private drives.

Final exterior building and site lighting plans shall be submitted for review and approvalby Community Development Department for location, height, aesthetics, level of illumination, glare and trespass prior to the issuance of any building permits. Alllighting, including but not limited to free-standing parking lot lights, building-attachedlights, and landscape lights shall be designed to be screened, shielded, and directed downward onto the project site and away from adjacent properties and public rights-ofway. The final design of the building-attached lights shall be subject to review and approval by the Community Development Department. Lighting shall be equipped witha timer or photo condenser. In addition, pole-mounted parking lot lights shall utilize alow-intensity, energy efficient liehtine method.The owner/applicant shall be responsible for litter control and sweeping of all paved surfaces in accordance with City standards. All on-site storm drains shall be,cleanedimmediately before the commencement of the rainy season (October l5).

The storm drain swale or onsite improvement plans shall provide for "Best Management Practices" that meet the requirements of the water quality standards of the City's National Pollutant Discharge Elimination System Permit issued by the State Regional Water Oualitv Control Board.
19 20.

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Resolution No. 10849Page 13 of3l

05/10/2022 Item No.19.
cD (E)
cD (E)
cD (E), PW
cD (E), PW
cD (E), PW

ENVIRONMENTAL AND WATER RESOURCE REQUIREMENTS
EWREWR
G,I
G,I
G,I
G,I
G,I
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Erosion and sedimentation control measures shall be incorporated into constructionplans. These measures shall conform to the City of Folsom requirements and the County of Sacramento Erosion and Sedimentation Control Standards and Specifications-current edition and as directed by the Community Development Department.The proposed development will add new impervious area to the site; therefore, stormwater quality treatment shall be provided. The City requires developers to utilize the Guidance Manualfor On-Site Stormwater Quality Treatment Control Measures (January 2000) ("On-Site Manual") in selecting and designing source control and postconstruction facilities to treat runoff from the proiect.Prior to issuance of grading permits, the owner/applicant shall submit detailed drainage plans for evaluation by the City. Approved plans shall be implemented prior to project occupancy. The drainage plans shall include measures to minimize the total amount ofadditional surface runoffand to limit the flows released to off-site receiving waters toexisting pre-development levels in accordance with the requirements of the City ofFolsom Public Works Department.Prior to issuance of grading permits, the owner/applicant shall submit erosion controlplans and other monitoring programs for the construction and operational phases of theproposed project for review by the City. The plan shall include Best Management Practices (BMP) to minimize and control the level of pollutants in stormwater runoff,and in runoff released to off-site receiving waters. Specific techniques may be based ongeotechnical reports or the Erosion and Sediment Control Handbook of the CaliforniaDepartment of Conservation, and shall comply with current CiE standards.Prior to issuance of grading permits, the owner/applicant shall obtain coverage under the State Water Resources Control Board General Permit for Discharges of Storm Water Associated with Construction Activity (Order 2009-0009-DWQ), includingpreparation and submittal of a project-specific Storm Water Pollution Prevention Plan(SWPPP) at the time the Notice of Intent (NOI) is filed. The project applicant shall alsoprepare and submit any other necessary erosion and sediment control and engineeringplans and specifications for pollution prevention and control to the City of Folsom.

The water system shall be protected with USC Certified and approved RPPA and RPDAdevices.

All on-site water and sewer systems shall be privately owned and maintained. 2526.
27 28
29 3031
Resolution No. 10849Page 14 of31

05/10/2022 Item No.19.

EWR
EWR

LAIIDSCAPE/TREE PRESERVATION REOUIREMENTS
cD (PXE)
II
B, OG
A Sewer Manhole or cleanout shall be placed at the properly line/Right of Way line to distinzuish private vs public ownership.

All proposed sewer within the Right of Way shall be 8-inch SDR-26 sewer pipe.

The owner/applicant shall be responsible for on-site landscape maintenance throughout the life of the project to the satisfaction of the Community Development Department.

Vegetation or planting shall not be less than that depicted on the final landscape plan, unless tree removal is approved by the Community Development Department because the spacing between trees will be too close on center as they mature. No decorative turf or sod shall be permitted to the satisfaction of the Community DevelopmentDepartment. 325534
Resolution No. 10849Page l5 of3l

05/10/2022 Item No.19.

I cD(PXE)
Final landscape plans and specifications shall be prepared by a registered landscape architect and approved by the City prior to the approval of the first building permit.

Said plans shall include all on-site landscape specifications and details including a tree planting exhibit demonstrating sufficient diversity and appropriate species selection tothe satisfaction of the Community Development Department. The tree exhibit shall include all street trees, accent trees, parking lot shading trees, and mitigation trees proposed within the development. Said plans shall comply with all State and localrules, regulations, Governor's declarations and restrictions pertaining to water conservation and outdoor landscaping.Landscaping of the parking area shall meet shade requirements as outlined in theFolsom Municipal Code Chapter 17.57. The landscape plans shall comply and implement water efficient requirements as adopted by the State of California (Assembly Bill 1881) (State Model Water Efficient Landscape Ordinance) until such time the Cityof Folsom adopts its own Water Efficient Landscape Ordinance at which time the owneriapplicant shall comply with any new ordinance. Shade and ornamental trees shall be maintained according to the most current American National Standards for Tree Care Operations (ANSI A-300) by qualified tree care professionals. Tree topping forheight reduction, view protection, light clearance or any other purpose shall not be allowed. Specialty-style pruning, such as pollarding, shall be specified within theapproved landscape plans and shall be implemented during a 5'year establishment and training period. The owner/applicant shall comply with city-wide landscape rules orregulations on water usage. The owner/applicant shall comply with any state or localrules and regulations relating to landscape water usage and landscaping requirements necessitated to mitigate for drought conditions on all landscaping in the FolsomCorporate Center proiect. 35 Resolution No. 10849Page 16 of3l

05/10/2022 Item No.19.

I,G,B,O cD(PXE)
A Tree Permit Application containing an Application Form, Tree Protection and Mitigation Plan, and Arborist Report shall be submitted to the City of Folsom by theowner/applicant for issuance of a Tree Work Permit and Tree Removal Permit prior tocommencement of any grading or site improvement activities. The tree protectitn andmitigation plan shall be prepared in collaboration with a qualified arborist and shall be subject to review and approval by the City. The tree protection and mitigation planshall contain the contact information of the project arborist and shall be included in all associated plan sets for the project.Removal of any protected tree shall be mitigated by planting replacement trees and/orpayment of "In-Lieu" fees on a diameter inch basis in accordance with FMC. Section

12.16.150. The proposed method of mitigation shall be subject to review and approval by the City.

Prior to starting construction, oak trees to be preserved shall be fenced with high visibility fencing consistent with the city-approved tree protection and mitigation plan Parking of vehicles, equipment, or storage of materials is prohibited within the TreeProtection Zone of Protected Trees at all times. Signs shall be posted on exclusionfenging stating thatthe enclosed trees are to be preserved. Signs shall state the penaltyfor damage to, or removal of, the protected tree.The owner/applicant shall retain the services ofa project arborist for the duration ofthedevelopment project to monitor the health of oak trees to be preserved and carry out theCity-approved tree protection plan. All regulated activity conducted within the CriticalRoot Zone of protected trees, as that term is defined in Folsom Municipal Code (FMC)

12.76.020, shall be performed under the direct supervision of the project arborist. A copy of the executed contract for these arboricultural services shall be submitted to theCity prior to the issuance of any tree or grading permits Certification letters by the project arborist attesting compliance with the tree protectionand mitigation plan and tree permit conditions shall be submitted to the City at thefollowing stages of the project:
o Following completion of grading, prior to issuance of Building Permits.o At the time of final inspection, prior to Certificate of Occupancy

36. Resolution No. 10849Page 17 of31

05/10/2022 Item No.19.

CULTIIRAL RE SOI]RC E REQUIREMENTS
cD (PXE)
cD (PXE)
G, I,B
G, I,B
The owner/applicant shall plant 35 Mitigation Oak Trees on the project site in the locations as shown on the Preliminary Landscape Plans. The final number, location, and type of Mitigation Oak Trees shall be subject to review and approval by theCommunity Development Department. The owneriapplicant shall pay in-lieu fees forany outstanding required Oak Tree Mitigation that is not satisfied through planting ofMitieation Oak Trees.

It is always possible that ground-disturbing activities during project development mayuncover previously unknown archaeological resources. In the event that archaeologicalresources are discovered during construction, construction operations shall stop within a 1OO-foot radius of the find and a qualified archaeologist shall be consulted to determine whether the resource requires fuither study. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The archaeologist shall make recommendations concerning appropriatemeasures that will be implemented to protect the resources, including but not limited to, excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQAGuidelines. Archaeological resources could consist of, but are not limited to, stone, bone, wood, or shell artifacts or features, including hearths. Any previously undiscovered resources found during construction within the project area should berecorded on appropriate Department of Parks and Recreation (DPR) 523 forms andevaluated for significance in terms of CEQA criteria.If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100-feet of the find, or an agreed upon distance based on the Project Area and nature of the find. A Tribal Representative from a California Native American tribe that is traditionally and culturally affiliated with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC $21074). The Tribal Representative will make recommendations for fuither evaluation and culturally appropriate treatment as necessary. If deemed necessary by the City, aqualified cultural resources specialist meeting the Secretary of Interior's Standards andQualifications 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 may not resume until the City, inconsultation as appropriate and in good faith, determines that all necessary investigation and treatment of the discovery under the requirements of CEQA,includins ,4.852" have been satisfied. 37 38
Resolution No. 10849

05/10/2022 Item No.19.

G, I,B cD (PXE)
In the event of the accidental discovery or recognition of any human remains, CEQAGuidelines $ 15064.5; Health and Safety Code $ 7050.5; Public Resources Code $ 5097.94 and $ 5097.98 must be followed. If during the course of project development there is accidental discovery or recognition of any human remains, the following steps shall be taken:

There shall be no further excavation or disturbance within a 100-foot radius of the potentially human remains until the County Coroner is contacted to determine ifthe remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identifu the person or persons it believes to be the "most likely descendant" (MLD) of the deceased Native American. The MLD may makerecommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98.

Where the following conditions occur, the landowner or his authorizedrepresentative shall rebury the Native American human remains and associated gravegoods with appropriate dignity either in accordance with the recommendations of themost likely descendant or on the project site in a location not subject to further subsurface disturbance :
o The NAHC is unable to identiff a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission.
o The descendant identified fails to make a recommendation.o The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measuresacceptable to the landowner. 39 Resolution No. 10849

05/10/2022 Item No.19.

BIOLOGICAL RESOURCE REQUIREMENTS
G,I cD (EXP)
Nesting Birds:

Mitigation Measure BIO-2: If project (construction) ground-disturbing or vegetation clearing and grubbing activities commence during the avian breeding season (February 1 through August 3l), a qualified biologist shall conduct a pre-construction nesting bird survey no more than 14 days prior to initiation of project activities and again immediately prior to construction. The survey area shall include suitable raptor nesting habitat within 500-feet of the project boundary (inaccessible areas outside of the project site can be surveyed from the site or from public roads using binoculars or spottingscopes). Preconstruction surveys are not required in areas where project activities have been continuous since prior to February 1, as determined by a qualified biologist. Areas that have been inactive for more than 14 days during the avian breeding season must be re-surveyed prior to resumption of project activities. If no active nests are identified,no further mitigation is required. If active nests are identified, the following measure isrequired:
e d suitable buffer (e.g., typically 300-500-feet for raptors; and 50-10O-feet for passerines) shall be established by a qualified biologist around active nests and no construction activities within the buffer shall be allowed until a qualified biologist has determined that the nest is no longer active (i.e., the nestlings have fledged and are no longer reliant on the nest, or the nest has failed). Encroachment into the buffer may occur at the discretion of a qualified biologist. Any encroachment intothe buffer shall be monitored by a qualified biologist to determine whether nestingbirds are being impacted.

With implementation of the above mitigation measures, potential impacts to special-status species and nesting birds would be less than significant and noadditional mitigation measures would be required. a

40. Resolution No. 10849Page 20 of31

05/10/2022 Item No.19.
cD (EXP)

AIR OUALITY REOUIREMENTS
G,I
Burrowing OwlMitigation Measure BIO-1: Prior to the commencement of construction activities (which includes clearing, grubbing, or grading) a survey for burrowing owl shall beconducted by a qualified biologist. The survey shall occur within 30 days of the start ofconstruction activities. Surveys shall be conducted in accordance with the following:
r A survey for active burrows and burrowing owls shall be conducted by walking through suitable habitat over the entire project site and in areas within 150- meters (-500-feet) of the project impact zone where accessible. . Pedestrian survey transects shall be spaced to allow 100 percent visual coverage of the ground surface. The distance between transect center lines shall be no more than 30-meters (-100-feet) and shall be reduced to account for differences in terrain, vegetation density, and ground surface visibility. Surveyor(s) shall maintain a minimum distance of 50-meters (-160-feet) from any owls or occupied burrows.It is important to minimize disturbance near occupied burrows during all seasons. . If no occupied burrows or burrowing owls are found in the survey area, a letter report documenting survey methods and findings shall be prepared and no further mitigation is necessary.
o If occupied burrows or burrowing owls are found, then a complete bunowing owl survey is required. This consists of a minimum of four site visits conductedon four separate days, which must also be consistent with the Survey Method,Weather Conditions, and Time of Day sections of Appendix D of the CaliforniaFish and Wildlife "Staff Report on Burrowing Owl Mitigation" (March 2012).A survey report shall be prepared that is consistent with the Survey Report section of Appendix D of the California Fish and Wildlife "Staff Report on Burrowing Owl Mitigation" (March 2012).
o If occupied burrows or burrowing owls are found, the applicant shall contact the City and consult with CDFW prior to construction and will be required to submit a Burrowing Owl Mitigation Plan (subject to the approval of the City and in consultation with California Fish and Wildlife). This plan must documentall proposed measures, including avoidance, minimization, exclusion, relocation, orother measures, and include a plan to monitor mitigation success. The CDFW"Staff Report on Burrowins Owl Mitisation" (March 2012 shall be used. 4l
Resolution No. 10849Page 21 of31

05/10/2022 Item No.19.
cD (PXEXB)
cD (PXB)
G, I,B
B
Control of fugitive dust is required by District Rule 403 and enforced by SMAQMD staff. The owner/applicant shall implement the following measures as identified by the SMAQMD:
a Water all exposed surfaces two times daily. Exposed surfaces include, but are not limited to soil piles, graded areas, unpaved parking areas, staging areas, and access roads.
a Cover or maintain at least two feet of free board space on haul trucks transporting soil, sand, or other loose material on the site. Any haul trucks thatwould be traveling along freeways or major roadways should be covered. a 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 isprohibited. a Limit vehicle speeds on unpaved roads to l5 miles per hour (mph). a All roadways, driveways, sidewalks, parking lots to be paved should be completed as soon as possible. In addition, building pads should be laid as soonas possible after grading unless seeding or soil binders are used. a Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to 5 minutes [required by California Code ofRegulations, Title 13, sections 2449(d)(3) and2485l. Provide clear signage thatposts this requirement for workers at the entrances to the site. a Maintain all construction equipment in proper working condition according to manufacturer's specifications. The equipment must be checked by a certifiedmechanic and determine to be running in proper condition before it is operated The building design shall include a mechanical ventilation system that meets thecriteria of the International Building Code (Chapter 12,91203.2 of the CaliforniaBuilding Code) to ensure that windows would be able to remain closed while maintaining adequate ventilation and temperature control. The mechanical ventilation system shall be designed to accommodate, and equipped with, filters having aMinimum Efficiencv Reportins Value (MERU ratinq of l3 or hieher.

42. 43
Resolution No. 10849Page22 of31

05/10/2022 Item No.19.
cD(PXE)

GREENIIOUSE GAS REQUIREMENTS
cD (PXB)cD (PXB)
cD (PXB)cD (PXB)
cD (PXB)
I
BB
BB
B
Additional landscape plantings shall be provided where feasible along the southern, western, and eastern perimeter of Lot 1 to the satisfaction of the Community Development Department.In accordance with the City General Plan GHG Reduction Measure T-3, the project shall provide a minimum of five percent more bicycle parking than required in theCiW's Municipal Code Section l7 .57 .090 (for a total of 54 bicycle parking spaces).In accordance with the City General Plan GHG Reduction Measure T-6, the project shall use high-performance diesel (also known as Diesel-HPR or Reg-9000/RHD) for all diesel-powered equipment utilized in construction of the proiect.In accordance with the City General Plan GHG Reduction Measure T-8, the project shall provide electric vehicle capable parking spaces in ten percent ofthe total parkingspaces on the proiect site (for a total of 49 EV Capable charging spaces).

In accordance with the City General Plan GHG Reduction Measure SW-l, the project shall divert to recycle or salvage a minimum 65 of nonhazardous construction and demolition waste generated at the project site in accordance with Appendix ,A'4(Residential) of the as outlined in the California Green Building Standards Code (2019CALGreen).In accordance with the City General Plan GHG Reduction Measure W-1, the project shall comply with all applicable indoor and outdoor water efficiency and conservation measures required under 2019 CALGreen Tier 1, as outlined in the California Green Buildine Standards Code.
44 4546
4748.

49. Resolution No. 10849Page23 of31

05/10/2022 Item No.19.

TRAF'FIC, ACCESS, CIRCULATION, AND PARKING
I cD (PXE), PW
Based on the recommendations of the Transportation Impact Study dated February 2022 (Attachment 2l),the following condition of approval shall be implemented to the satisfaction of the Community Development Deparlment and the Public Works Department:
o The owner/applicant shall modif' Prairie City Road/ Iron Point Road signal timing plan by shifting 1 second from the eastbound through movement to the westbound left turn movement, reduce the vehicle extension setting from adding five to six additional seconds to the green phase for through movements to adding four seconds to the green phase for through movements for each vehicle passing the detector afterthe minimum green phase length has been exceeded. This mitigation measure shall be implemented by the City through the reimbursement agreement with theowner/applicant to cover any City costs. The implementation of this mitigationmeasure shall occur prior to issuance of the first building permit. 50 Resolution No. 10849Page24 of3l

05/10/2022 Item No.19.
cD (PXE)
CD (PXE)cD (PXE)
I
I,OI,O
To further ensure safe travel within the project site, the following measures shall be implemented to the satisfaction of the Community Development Department:r A "stop" sign and appropriate pavement markings shall be installed at the internal approach to the private ring road at the two primary project driveways. o The vehicle entry gates at the two primary project driveway locations shall open inward, away from the private ring road or retract sideways. In addition, the design ofthe vehicle entry gates and the vehicle entry gate area shall conform to all requirements established by the City of Folsom for gated multi-family residential developments. . If vehicles are observed backing up into the private ring road at either of the two gated primary project entries, City staffwill evaluate and require appropriate measures to alleviate the traffic congestion including but not limited to requiring the two project entry gates to remain open during the AM (7:00 a.m. to 9:00 a.m.) and PM (4:00 p.m. to 6:00 p.m.) peak hours on weekdays.
o Residents of the Folsom Corporate Center Apartments project shall be issued remote transmitters to allow them to open the entry gates without needing to stop to enter a code in the keypad at either entrance location.
o The owner/applicant shall provide at least one pedestrian connection from Lot I to the southern propefiy boundary to allow for a connection to the future Class I bicycletrail expected to be located within the S0-foot-wide landscape easement between the project site and U.S. Highway 50.

A minimum of 462 on-site parking spaces shall be provided for the project.A minimum of 51 on-site bicycle parking spaces shall be provided for the project in the two clubhouse buildings and at locations that are close proximity to the primary entrances.

51. 5253
Resolution No. 10849Page 25 of3l

05/10/2022 Item No.19.

NOISE REQUIREMENTS
G, I,B cD (PXE)
Compliance with Noise Control Ordinance and General Plan Noise Element shall berequired. Hours of construction operation shall 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. No construction is permitted on Sundays or holidays. Construction equipment shall be muffled and shrouded to minimize noise levels.

54. Resolution No. 10849Page 26 of31

05/10/2022 Item No.19.

G'I,B cD (PXE)
Construction activities shall be required to comply with the following and be notedaccordingly on construction contracts:

Construction hours/Scheduling: The following are required to limit constructionactivities to the portion of the day when occupancy of the adjacent sensitivereceptors are at the lowest:
a. Construction activities for all phases of construction, including servicing of construction equipment shall only be permitted during the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and between 8:00 a.m. to 5:00 p.m. on Saturdays. Construction is prohibited on Sundays and on all holidays.
b. Delivery of materials or equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above.

2. Construction Equipment Mufflers and Maintenance: All construction equipment powered by internal combustion engines shall be properly muffled and maintained.

3. Idling Prohibitions: All equipment and vehicles shall be turned off when not in use. Unnecessary idling of internal combustion engines is prohibited.

4. Equipment Location and Shielding: All stationary noise-generating construction equipment, such as air compressors, shall be located as far as practical from theadjacent homes. Acoustically shield such equipment when it must be located nearadjacent residences.

5. Quiet Equipment Selection: Select quiet equipment, particularly air compressors, whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working order.

6. Staging and Equipment Storage: The equipment storage location shall be sited as far as possible from nearby sensitive receptors.
55 Resolution No. 10849Page27 of3l