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HomeMy WebLinkAboutAgenda Report - April 20, 2011 G-02 PHAGENDA ITEM (04L CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Conduct a Public Hearing to Consider: a) Certification of the South Hutchins Annexation Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as Adequate Environmental Documentation for the Proposed South Hutchins Annexation Project. b) Approve the South Hutchins Annexation Project,Which Includesan Annexation and Pre -zoning. C) Direct staff to Prepare and Submit an Annexation Application to San Joaquin Local Agency Formation Commission (LAFCO). MEETING DATE: April 20,2011 PREPARED BY: Community Development Director RECOMMENDED ACTION: Conduct a Public Hearing to consider: a) Certify the South Hutchins Annexation Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as adequate environmental documentation for the proposed South Hutchins Annexation project. b) Approve the South Hutchins Annexation project, which includes an annexation and pre -zoning. c) Direct staff to prepare and submit an annexation application to San Joaquin County Local Agency Formation Commission (LAFCO). BACKGROUND INFORMATION: The applicant, Michael Carouba, on behalf of FF LP, submitted applications for Annexation and General Plan Amendments for the proposed South Hutchins Annexation in December 2007. The project consists of annexation of one parcel covering a total of approximately 30 acres of farm land from San Joaquin County into the City of Lodi. The project site is located in northern San Joaquin County, within the southwest portion of the City of Lodi Planning Area, immediately south of the City's southern boundary (along Harney Lane) and west of State Route (SR) 99. Implementation of the proposed projectwould result in development of medical facility with a laboratory, professional offices, a retail center, a restaurant, a bank and related infrastructure required to accommodate the project. Following preliminary work, the applicant was advised to withdraw his application until the City completed its General Plan update process. The City's concern was that the General Plan and associated land -use analysis should be done as part of a Citywide document (General Plan) as opposed to a project level analysis, which may or may not be in sync with the General Plan Environmental Analysis, the General Plan document itself and land -use patterns. The applicant stated his intention to proceed with the application because he had prospective tenants with whom he had entered into an agreement. Per the applicant's request to process his application, the City determined Konradt Bartlam, City Manager South Hutchins Annexation Project Page 2 of 7 that an Environmental Impact Report (EIR) would be the appropriate California Environmental Quality Act analysis for this project, and that action on the development applications (annexation, general plan amendment, planned development rezone, tentative parcel map and SPARC approvals) would all be subjectto simultaneous review by the Planning Commission for recommendation to the City Council. The City released a Request for Proposal (RFP) and hired a consulting firm PBS&J and commenced to process the application. In August of 2009, the applicant informed the City of his desire to postponethe project due to termination of his contract with his prospective tenant; however, he stated his desire to continue with the project once the City completed updating its General Plan, which occurred in April of 2010. In August of 2010, the applicant submitted revised applications for Annexation, Planned Development Prezone, and SPARC. Upon review of the applications and the materials submitted in support of the applications, it was determined a Mitigated Negative Declaration would be the appropriate CEQA analysis for this project. Because most of the land use and infrastructure analyses (water, wastewater, circulation, land uses, and traffic) related to the project site and this project in particular have been completed by the General Plan 2010 and General Plan EIR 2010, it was determined a Mitigated Negative Declaration would be an appropriate CEQA analysis for this projectto address project -specific concerns related to environmental issues. Staff also determined that a Tentative Parcel Map was required for the project and that action on the development applications would all be subject to simultaneous review by the Planning Commission for recommendationto the City Council. On March 9, 2011, the Planning Commission held a public meeting to consider the certification of the South Hutchins Annexation Mitigated Negative Declaration, and the multiple entitlements related to the project. At that meeting, the Commission heard a presentation based on the staff report for these items; asked questions of staff, the applicant, and the general public; heard public testimony in support and in opposition to these items; closed the public hearing, and based on the record as whole voted (5-1) to recommend to the City Council to: 1. Certify the Mitigated Negative Declaration, adopt the proposed Mitigation Monitoring and Reporting Program; and 2. Adopt a resolution of application to the San Joaquin Local Agency Formation Commission (LAFCO) to annex approximately 30 acres of property located on the southwest corner of West Lane and Harney Lane to the City of Lodi, and simultaneously detach the property from the Woodbridge Fire Protection District; and 3. Approve a prezoning designation of Planned Development43 (PD-43)for the project. The Commission also reviewed and approved an application for a Vesting Tentative Map and development plans for the annexation project. Proiect Summary The Proiect site is located adjacent to the City's southern boundary and consists of one parcel covering a total of approximately 30 acres (Assessors Parcel Number 058-100-03). The 30 -acre Project site is bound by Harney Lane to the north, West Lane to the east, and agricultural fields to the south and west. The Project's southern boundary lies approximately 1,025 feet to the south of Harney Lane while the Project's western boundary lies about 1,230 feet to the west of the West Lane. While the project site is located outside the City of Lodi's jurisdictional boundary, it is within the City's Sphere of Influence. The City's current General Plan designates the project site as Commercial and it is within Phase I of annexation priority map. The proposed project would permit the development of a mix of retail and office uses including the entire infrastructure needed to support future development of the site. Implementation of the proposed Project would result in the development of up to 103,350 square feet of commercial/retail use, including a 5,000 -square -foot bank, 6,400 -square -feet of restaurant space, and 179,200 -square -feet of office space, including a 68,000 -square -foot medical office building with a laboratory (3,000 square feet). The proposed Project would also provide a total of 1,501 parking spaces, 147 more parking spaces than is required by the parking regulations set forth in the Lodi Municipal Code. To implement the proposed South HutchinsAnnexation Project Page 3 of 7 project, the applicant has submitted applications for annexation, prezoning, Vesting Tentative parcel Map and Site Plan and Architecture Review (SPARC). Additional approval required includes certification of a Mitigated Negative Declaration (MND). ANALYSIS: Principal vehicular access to the site is provided along Harney Lane while regional access is provided via SR 99 to the east. An existing private drive extending south from Harney Lane serves as vehicle access to an abandoned golf driving range. Other unpaved access roads occur throughout the site principally to serve existing agricultural operations on the eastern portion of the property. The existing on-site uses include a strawberry field (15 acres) planted seasonally on the eastern half of the Project site and an abandoned golf driving range (15 acres) on the western half of the Project site. Existing structures on the Project site include a strawberry stand on the northeastern corner. Mitigated Negative Declaration: The environmental review for the South Hutchins Annexation project included the analysis of the series of actions to be undertaken by the City and LAFCO and was undertaken pursuant to CEQA. CEQA Guidelines Section 15152 (Section 21083.3) allows a Negative Declaration to be adopted when an Environmental Impact Report (EIR) has previously been prepared for a program, policy, plan or ordinance, and a later project consistent with that program or other action will not result in any significant effects which were not examined in that previous EIR. The City of Lodi General Plan EIR 2009 (SCH#2009022075) serves as the project's program level EIR. In accordance with CEQA guidelines, staff prepared an Initial Study and Mitigated Negative Declaration (SCH # 2010112055) and published a Notice of Availability (NOA) announcing that South Hutchins Annexation Project Draft Mitigated Negative Declaration had been prepared and is available to the public for review. The NOA was submitted to the State Clearinghouse, distributed to local agencies, sent to interested persons, posted with the County Clerk's office, mailed all property owners of record within a 300 -foot radius of the project site, posted on the site and published in the Lodi News Sentinel. The required 30 -day public review period commenced on Monday, November 22,2010 and concluded on Thursday, December 30, 2010. During the public review period, six comments were received on the proposed Mitigated Negative Declaration [State Clearing House, State Department of Conservation, State Department of Transportation (Caltrans) District 10, San Joaquin County Council of Governments (SJCOG), Inc., San Joaquin Valley Air Pollution Control District and from Citizens for Open Government (COG)]. State Department of Transportation District 10 letter indicates that a traffic impact study (TIS) is required for this project in order to determine the proposed project's near-term and long-term impacts to State facilities. The City feels this issue has already been addressed via a previous Mitigated Negative Declaration (Harney Lane Interim improvements Project SCH#2010072040). The San Joaquin Valley Air Pollution Control District requiresthe applicant to prepare health risk assessment in accordancewith the district's regulations, preparation of Air Impact Analysis (AIA) prior to building permit issuance and adherence to other applicable regulations. These requirements have been added into the project Mitigation Monitoring and Reporting Program as well as to the SPARC conditions of approval. The San Joaquin County Council of Governments (SJCOG, Inc.) notes that the project site is within a habitat zone and that appropriate steps need to be taken prior to site disturbance. These standard requirements have been noted and are part of the Mitigation Monitoring and Reporting Program. State Department of Conservation notes that the project site is located within prime farmland and recommends that the project proponent secure permanent agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land. Staff notes the City's General Plan and the proposed Mitigated Negative Declaration require the applicant to secure a permanent agricultural easement on land of at least equal quality and size at a ratio of 1:1 (one lost/one secured) in northern San Joaquin County. Citizens for Open Government (COG) expressed concerns related to the relationship between the Lodi General Plan and the Mitigated Negative Declaration. In particular, COG expressed concerns related to permanent loss of agricultural land, degradation of air quality, greenhouse gas emissions, and traffic. Staff notes the proposed Initial Study/Mitigated Negative Declaration tiers of the Lodi General Plan 2010 and General Plan EIR 2010, which exhaustively deal with the issues raised by Citizens for Open Government. Transportation (Chapter 5) element of the General Plan outlines Level of Service (LOS) and lay out a set of policies that mitigate traffic impacts to levels of less than significant. Conservation South HutchinsAnnexation Project Page 4 of 7 (Chapter 7) element of the General Plan detailed conservation and agricultural mitigation plan, and air quality mitigation plan. Finally, the last comment came from the State Clearinghouse, which acknowledges that the City complied with the State Clearinghouse review requirements for draft environmental documents pursuant to the California Environmental Quality Act. The City responded to all comments received. The Draft Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program and the response to comments constitute the Final Draft Mitigated Negative Declaration. Based upon the findings in the Initial Study, staff has determined that the proposed annexation projectwill not have a significant impact on the environment and that a Negative Declaration is the appropriate document to complete the CEQA process. Annexation: As mentioned previously, the South Hutchins Annexation Project area is located south of the current southern Lodi City limit (along Harney Lane), on the southwest corner of West Lane and Harney lane. It is within San Joaquin County. Annexation of lands into the City requires review and approval by the Local Agency Formation Commission (LAFCO). LAFCO will consider applications for annexation, upon a request of the City Council. Lands must be within the City's Sphere of Influence (SOI) in order to be annexed. A Sphere of Influence is a planning tool adopted and used by LAFCO to designate the future boundary and service area for a City. The proposed side project area is within the City of Lodi Sphere of Influence. The City's General Plan 2010 designates the project site within annexation Phase I. In addition, the General Plan designates the project area as Commercial and the proposed development is consistent with the Commercial land use designation of the General Plan, which encourages a variety of commercial, medical and professional office uses within a cohesive development plan. The project area to be annexed is within the SOI, consistent with the General Plan designation, would provide for contiguous urban growth, and a logical extension of public services; therefore, staff recommends the City Council request LAFCO approve the South Hutchins Annexation project area. If the Council decides to proceed with an annexation application, staff will assemble an annexation application and submit it to LAFCO. The application consists of a number of parts, the specifics of which are outlined in the Filing Requirements for Submitting Boundary Change Applications form from LAFCO (see Attachment 8). As can be seen from the checklist, many of the items required are administrative in nature. Some, such as the Resolution of Application and Completed Proposal Questionnaire, require Council input and/or action. The Resolution of Application is the document adopted by the Council that conveys to LAFCO the City's annexation proposal for their consideration. The Completed Proposal Questionnaire also asks for information on the City's plan for providing services to the annexation area. Law Enforcement and Fire Services The major change in the provision of services to the annexation area would be that pertaining to law enforcement and fire protection services. The responsible agency for law enforcement for the annexation area would switch from the Sheriffs Department to the Lodi Police Department (LPD) and fire protection services would switch from the Woodbridge Fire Districtto the Lodi Fire Department. The analysis in the Initial Study regarding the provision of law enforcement and fire protection services focused on the City's ability to properly serve the area. The LPD currently has 113 full-time employees and 120 volunteers, with 73 sworn officers. The LPD serves the city in three districts - the Central District, Heritage District and Sunset District - that encompasses five patrol beats. In addition, the California Highway Patrol provides law enforcement and traffic safety services on SR -12 (Kettleman Lane) and is available to assist the Lodi Police Department during emergencies when requested. The Lodi Fire Department provides a range of emergency and non -emergency services. The Lodi Fire Department covers the city from four fire stations. A fifth fire station location has been reserved as part of the approved Reynolds Ranch project located south of Harney Lane and west of SR -99. Another change in the provision of services that would affect some of the proposed annexation area would be the maintenance of streets and highways. A concern expressed in the past was regarding maintenance responsibility where a street or highway is split between jurisdictions. Staff has done a review of the proposed annexation area that would be located at the proposed new City limit boundary to determine if this would be an issue, and if so, where. There are no adjacent South Hutchins Annexation Project Page 5 of 7 streets where this conflict could occur. The entire parcel and adjacent streets would be within the city limits and, therefore, there will be no conflict. Prezoning/Zoning Pursuant to State regulations, annexing cities are required to prezone land prior to annexation. Upon annexation, the annexing city's zoning designation would supersede the county's zoning designation and subsequent development of the annexed area would be subject to the development standards and regulation of the annexing city. Further, in accordance with State law, zoning designations must be consistent with annexing City's General Plan designations. The South Hutchins Annexation project includes a request for a pre -zoning designation to change the zone from the County zone of AG40 to a City zoning designation. In accordance with City standards and requirements, staff proposes a Planned Development -43 (PD) Zoning designation for the South Hutchins Annexation Project. The proposed PD Zone would be consistent with the existing General Plan designation of Planned Residential Reserve (PRR) and the proposed General Plan designation of Planned Residential, Office and Neighborhood Community Commercial. The following provides a brief description of the PD Zone and the components of the Development Plan: A. Intent and Requirementsfora PD Zone A PD zone is intended to allow deviations from standard zoning requirements in an effort to create a development pattern specifically designed for a project site that allows a more desirable and efficient use of land. In accordance with Municipal Code Section 17.33, a PD zone is intended to accommodate various types of development, including residential developments, public, quasi -public, commercial, retail, office, schools, and open space. B. Discussion of Proposed PD Zone As discussed above, a PD zone allows flexibility from the standard zoning regulations. The Reynolds Ranch Project will include a variety of land uses, including commercial/retail, office, mini -storage, residential, public/quasi public areas, and parks/open space. Each increment of development will be subject to the review and approval of a Development Plan (see discussion below) that sets forth the proposed development standards for each increment of development. It is expected that these precise plans will incorporate development standards and design features common to previously approved projects of a similar nature in nearby or adjoining areas. C. Discussion of Proposed Development Plan Prior to the approval of any PD zone, a Program/Project Level Development Plan must be reviewed and recommended for approval by the Planning Commission. Once approved, the project site must be developed in accordance with the general policies of said development plan. Thus far, the applicant has submitted development plans depicting proposed layout and development phases. Fully built -out plans illustrate the following land uses: a retail center, a restaurant, medical/professional office uses and associated parking and other infrastructures. Implementation of the proposed Project would result in the development of up to 103,350 square feet of commercial/retail use, including a 5,000 square foot bank, 6,400 square feet of restaurant space, and 179,200 square feet of office space, including a 68,000 square foot medical office building with a laboratory (3,000 square feet). Phase I Development subdivides the single 30 -acre parcel into nine various sized lots for the development of the proposed project and development of one of the parcels for medical use. The applicant has submitted a Vesting Map application. Public infrastructure improvements covered by this Vesting Tentative Parcel Map application include installation of street frontages along the southern and western boundaries, dedication for widening of Harney Lane; installation of bicycle and pedestrian path of travel and utilities necessaryto provide service to the site. The South HutchinsAnnexation Project Page 6 of 7 project includes onsite retention basin, onsite parking and landscaping including the area around the site perimeter designated for drainage. As conditioned, the Vesting Tentative Map application can be found consistent with the City's General Plan and other applicable City plans and policies. Therefore, staff is recommending approval of the entitlements now before the Planning Commission as a recommendation to the City Council. Phase I also involves construction of a three-story 65,000-sqare-foot medical office building with an associated lab of 3,000-sqare-foot on a 5.88 -acre parcel. It includes 453 parking spaces onsite, which exceeds city requirements by 113 spaces, landscaping, street access from Harney Lane and a new road located on the southern boundary of the project site. The site plan and building design are conditioned to meet minimum mandatory requirements for nonresidential California Green Building Standards Code for planning and design, energy efficiency, water efficiency and conservation, material conservation, and resource efficiency. The City's Green Building Standards also require onsite bicycle parking, and permanent parking designations for low -emitting fuel efficient vehicles and carpool/van pool vehicles. The Planning Commission reviewed and conditionally approved the development plan on its meeting of March 9,2011. Appeal: On March 24, 2011, the City Clerk's office received a letter from Catherine A. Kaehler requesting an appeal of the Planning Commission's decision to recommend approval of the environmental documentation and annexation of this project. The appeal was filed timely in accordance with Lodi Municipal Code Section 17.72.110. According to the appeal letter (Attachment 13), the appellant opposes the project due to potential loss of fertile farm land, lack of preparation of an adequate environmental document and how the project fits long-term city growth. As mentioned previously, staff prepared and circulated a mitigated negative declaration for the South Hutchins Annexation project, which tiers off the Lodi General Plan EIR 2009 (SCH #2009022075). The Initial Study and Mitigated Negative Declaration (SCH # 2010112055) were prepared for this project in accordance with the California Environmental Quality Act (CEQA) Guidelines. As required by law, the City published a Notice of Availability (NOA) announcing that the South Hutchins Annexation Project Draft Mitigated Negative Declaration had been prepared and is available to the public for review. The NOA was submitted to the State Clearinghouse, distributed to local agencies, sent to interested persons, posted with the County Clerk's office, mailed to all property owners of record within a 300 -foot radius of the project site, posted on the project site and published in the Lodi News Sentinel. The 30 - day window for persons to review and comment on the draft Mitigated Negative Declaration commenced on Monday, November 22, 2010 and concluded on Thursday, December 30, 2010. All requirements related to preparation, and noticing of an environmental document have been met. With respect to loss of open space and fertile land, staff notes that the Lodi General Plan EIR 2009 (SCH #2009022075) and City's General Plan Conservation Element exhaustively deal with this subject. Specifically, General Plan Policy C -P7 requires the City to adopt an agricultural conservation program establishing mitigation fee to protect and conserve agricultural lands. In addition, the attached Mitigation Monitoring and Reporting Program Section Agricultural Resources, Mitigation Measure No. 1 requires the applicant to secure agricultural conservation easement in perpetuity at a rate of 1:1 (acreage converted/easement secured) in northern San Joaquin County, as defined by Lodi General Plan 2010, excluding areas designated as nature or areas already secured as agricultural easements. In addition, the applicant has entered into a private agreement with Citizensfor Open Government (COG) regarding the loss of agricultural mitigation measures. The project site is also classified as an Open Space in the San Joaquin County Multi Species Habitat Conservation and Open Space Program (SJMHCP), which this project will participate in order to offset impacts to biological resources on the project site. Participation in the said plan would be sufficient to mitigate the loss of agricultural land to urban development. Finally, the applicant's request does not include a General Plan amendment request. The City's General Plan 2010 designates the project site Commercial, which precisely allows the proposed South Hutchins Annexation Project Page 7 of 7 annexation and subsequent development. The South Hutchins Annexation project involves land that is incorporated into and planned for development in Lodi's 2010 General Plan, which seeks to establish controlled and orderly growth. As a tiered document, the South Hutchins Annexation Initial Study/Mitigated Negative Declaration relies on the General Plan 2010 and General Plan EIR 2010; therefore, there was no need to prepare another environmental document to study issues that have been covered by General Plan EIR. As the analysis demonstrates, there are no new significant impacts beyond those identified in the General Plan 2010. Because there are no new significant impacts identified there are no new alternatives to the project that need be examined and, therefore, the previous analysis is sufficient. Additionally, because there are no new significant impacts identified, the cumulative impacts remain the same. The proposed South Hutchins Annexation is considered to be responsible growth and not "urban sprawl" as the project site is contiguous to the City's existing urban area, located within the City's Sphere of Influence and is identified in the City's General Plan as "Commercial" land. Development of the project would accommodate planned growth and represents a natural progression of the City's southern development boundary. FISCAL IMPACT: Not Applicable FUNDING AVAILABLE: Not Applicable Konradt Bartlam Community Development Director KB/jw Attachment: 1. Aerial Map 2. Vicinity Map 3. Draft Final Mitigated Negative Declaration for the South Hutchins Street Annexation Project 4. Proposed Mitigation Monitoring and Reporting program for the South Hutchins Street Annexation Project 5. Lodi Sphere of Influence 6. General Plan Map 7. General Plan Annexation Priority Map 8. LAFCO Application 9. Development Plans 10. Planning Commission Staff Report 11. Planning Commission Resolutions 12. Planning Commission minutes of March 9,201 1 13. Appeal Letter 14. Draft Resolutions Ad IL Z L%IT A 16 ye ILIA IL ;Vow , 4,5 1!i t ts JL ! LAM AJIF �V!l Eli 06i h 4 L 3i d IL -idk' H40NEL CTW 0 -7 7 k r 7 r ik 4y^ GOD -*Xar !Pro, 425 L :'0 .'SCOT -TS DALES: R W. - AP: mgm 4 - ZIA .'SCOT -TS DALES: R W. - AP: mgm FINAL INITIAL STUDY / MITIGATED NEGATIVE DECLARATION SOUTH HUTCHINS STREET ANNEXATION State Clearinghouse # 2010112055 February 2011 Lead Agency: City of Lodi Community Development Department • Planning Division City Hall, 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 (209)333-6711 (209)333-6842 (Fax) www.lodi.gov MITIGATED NEGATIVE DECLARATION PROJECT TITLE: South Hutchins Annexation Project LEAD AGENCY: City of Lodi FILE NUMBER: 10 -MND -06 PROJECT DESCRIPTION: The project site is located within the southwest portion of the City of Lodi Planning Area, immediately south of the City's southern boundary (along Harney Lane) and west of State Route (SR) 99. The project site is located in northern San Joaquin County, in the northern portion of California's Central Valley. Geographically, the project site lies between the Sierra Nevada Mountains to the east and San Francisco Bay to the west. From a regional perspective, the project site is located approximately 34 miles south of Sacramento, 6.5 miles north of Stockton, and 90 miles east of San Francisco. The Project site is located adjacent to the southern boundary of the City of Lodi in San Joaquin County. The project site consists of one (1) parcel covering a total of approximately 30 acres (Assessors Parcel Number 058-100-03). The 30 -acre Project site is bound by Harney Lane to the north, West Lane to the east, and agricultural fields to the south and west. The Project's southern boundary lies approximately 1,025 feet to the south of Harney Lane while the Project's western boundary lies about 1,230 feet to the west of the West Lane. While the project site is located outside the City of Lodi's jurisdictional boundary, it is within the City's Sphere of Influence. The project site has been given a land use designation in the City's General Plan, and the goals and policies of the General Plan are applicable. The current General Plan designation for the project site is Commercial. The project proposes a mix of retail and office uses including the entire infrastructure needed to support future development of the site. The proposed project would include the following land uses: a retail center, a restaurant and medical office uses. Implementation of the proposed Project would result in the development of up to 103,350 square feet of commercial/retail use, including a 5,000 square foot bank, 6,400 square feet of restaurant space, and 179,200 square feet of office space, including a 68,000 square foot medical office building with a laboratory (3,000 square feet). In total, implementation of the proposed project would result in the development of up to 103,350 square feet of commercial/retail use, 6,400 square feet of restaurant use, and 179,200 square feet of office space, including 3,000 square feet of laboratory space. The proposed Project would also provide a total of 1,501 parking spaces, 147 more parking spaces than is required by the parking regulations set forth in the Lodi Municipal Code. Of these spaces, 517 stalls would be provided for the retail component, 80 stalls would be provided for the restaurant component, and 904 stalls would be provided for the office component. Principal vehicular access to the site is provided along Harney Lane while regional access is provided via SR 99. An existing private drive extending south from Harney Road serves as vehicle access to an abandoned golf driving range. Other unpaved access roads occur throughout the site principally to serve existing agricultural operations on the eastern portion of the property. Final Mitigated Negative Declaration 2 February 2011 PUBLIC REVIEW PERIOD: The Draft Initial Study/Mitigated Negative Declaration (IS/MND) was submitted to the State Clearinghouse # 2010112055 on Monday, November 29, 2010 for a 30 -day public review period ending on Thursday, December 30, 2010. Copies of the Initial Study and the proposed Mitigated Negative Declaration are on file and available for review at the following locations: • Community Development Department, 221 West Pine Street, Lodi, CA 95240 • Lodi Public Library, 201 West Locust Street, Lodi, CA 95240 • Public Works Department, 221 West Pine Street, Lodi, CA 95240 • Online on the City's website: http://www.lodi.gov/com dev/EIRs.html FINDINGS: An initial study (IS) has been prepared to assess the Project's potential effects on the environment and the significance of those effects. Using the results of the IS, the South Hutchins Annexation would not have any significant effects on the environment once mitigation measures are implemented. This conclusion is supported by the following proposed findings: • The South Hutchins Annexation Project would result in no impacts to forest resources, mineral resources, population/housing, public services and land use/planning. • The South Hutchins Annexation Project would result in less -than -significant impacts to greenhouse gas emissions, and geology and soils. • Mitigation would be implemented to reduce potentially significant impacts to less than significant for aesthetics (potential impacts related to visual character/quality of the site and light/glare), agricultural resources ( potential impacts related to permanent loss of Prime Farmland) air quality (potential impacts related to short-term construction emissions), biological resources (potential impacts to Swainson's hawk and other raptors and migratory birds; and local policies/ordinances protecting trees), cultural resources (potential to disturb or damage undiscovered subsurface cultural or paleontological resources or human remains during construction), hazards and hazardous materials (potential spills of hazardous substances during construction), hydrology and water quality (potential soil erosion and spills of hazardous substances during construction), noise (impacts during construction and operation), and transportation (potential conflicts with traffic in the Project area during construction) and utilities and service systems (potential impacts related to wastewater generated and expansion and/or construction of new storm water drainage facilities) • Although there are no known cultural resources that might be disturbed, mitigation is included to address the potential for discovering archaeological, paleontological, and/or human remains during the construction. • The South Hutchins Annexation would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, reduce the number or restrict the range of a special -status species, or eliminate important examples of California history or prehistory. Final Mitigated Negative Declaration 3 February 2011 • The South Hutchins Annexation project would not achieve short-term environmental goals to the disadvantage of long-term environmental goals. • The South Hutchins Annexation project would not have environmental effects that are individually limited but cumulatively considerable. • No substantial evidence exists that the South Hutchins Annexation project would have a significant negative or adverse effect on the environment. • The South Hutchins Annexation project incorporates all applicable mitigation measures, as listed below and described in the IS. Final Mitigated Negative Declaration 4 February 2011 SUMMARY TABLE The following pages contain Summary of Impacts and Mitigation Measures, which presents the potential environmental effects of the project and the mitigation measures proposed to reduce those effects to less than significant. The Summary of Impacts and Mitigation Measures is drawn from the Public Review Draft IS/MND that was circulated for public review. The table has been revised as necessary to respond to any comments submitted by agencies and the public. Changes to the table, if any, are shown in underline (additions) and strikeout (deletions). These changes, if any, are explained or documented as required in Section 3.0, Responses to Comments. The potential environmental impacts of the proposed project are summarized in the first column. The level of significance of the impact is indicated in the second column, mitigation measures proposed to minimize the impacts are shown in the third column, and the significance of the impact, after mitigation measures are applied, is shown in the fourth column. Final Mitigated Negative Declaration 5 February 2011 Final Mitigated Negative Declaration 6 February 2011 SUMMARY OF IMPACTS AND MITIGATION MEASURES Potential Impacts Significance Before Significance After Mitigation Measures Significance after Mitigation 1.0 AESTHETICS Overall Aesthetic Effects of Project LS 1. A building height of no more than sixty (60) feet or three (3) LS Construction and Operation stories in height. Exceptions can be made for structures such as towers, spires, cupolas, chimneys, flagpoles, monuments, scenery lofts, and other similar structures and necessary mechanical appurtenances covering not more than 10 percent of the ground area covered by the structures and extending no more than 25 feet above the height limit. 2. All mechanical equipment, including all roof mounted equipment such as satellite dishes or any other communications devices, shall be fully screened from ground -level view within 150 feet of the property, from public and private property, including developed or undeveloped properties. Exceptional may be made for solar equipments. 3. Ground mounted mechanical equipment shall be screened by solid masonry wall with solid metal gates. 4. Outdoor refuse containers shall be located in trash enclosures, which shall be constructed of solid masonry walls with solid gates, which meet the access, size, and location standards provided by the refuse collection service, and shall comply with the following standards: a. Trash enclosures storing containers with a cumulative capacity of one cubic yard shall be constructed with decorative masonry walls with solid metal doors. The exterior shall be compatible with the design of the main building. b. A minimum 8 ft -by -10 ft -wide thickened concrete paving section shall be provided in front the enclosure gates. S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration February 2011 Final Mitigated Negative Declaration a February 2011 5. The applicant shall submit a detailed landscaping plan to the Community Development Department for review and approval and make specific reference to those landscaping details that meet the provisions of the City of Lodi Public Works Department requirements including but not limited to the following: a. The Project shall provide 1 shade tree for each 4 parking spaces, which must be planted within the parking lot end stall islands, tree wells, and perimeters planters to maximize shade on the paved areas. b. The Project shall provide one tree for every 500 sq. ft of open space. c. A landscape plan shall be submitted and implemented which demonstrates that 50 percent of the parking lot will be shaded within 10 years. d. All landscaped areas adjoining parking and drive area(s) are to bordered by a 6 -inch continuous vertical concrete curbing, with exceptions to allow curb breaks to comply with Stormwater Runoff Management Program. 6. The applicant shall submit site lighting plan to the Community Development Department as part of a SPARC application for review and approval. The said plan shall include, but not be limited to, the following design features: a. Full -cutoff lighting fixtures to direct lighting to the specific location intended for illumination (e.g., roads, walkways, or parking lot) and to minimize stray light spillover into adjacent residential areas, sensitive biological habitat, and other light sensitive receptors; b. Appropriate intensity of lighting to provide safety and security while minimizing light pollution and energy consumption; and shielding of direct lighting within parking areas, sensitive biological habitat, and other light- sensitive receptors through site configuration, grading, li hting design, or barriers such as earthen berms, walls, or Final Mitigated Negative Declaration a February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration y February 2011 landscaping. c. A photometric exterior lighting plan and fixture specification shall be submitted for review and approval of the Community development Director. Said plans and specification shall address the following: i. The plans shall demonstrate that lighting fixtures on the building and grounds shall be designed and installed so as to contain light on the subject property and not spill over onto adjacent private properties or public rights-of- way. ii. The equivalent of one (1) foot-candle of illumination shall be maintained throughout the parking area. iii. All parking light fixtures shall be a maximum of twenty-five 25 feet in height. iv. All fixtures shall be consistent throughout the center. 2.0 AGRICULTURAL RESOURCES 1. Prior to issuance of a grading permit for any area of the Project site that includes prime agricultural soils, the affected Impacts on Agriculture and/or Williamson Act LS landowner(s) shall secure agricultural conservation easement in Contracts perpetuity at rate of one 1:1 (acreage converted/easement LS secured) in the northern San Joaquin County area, excluding areas designated as nature or areas already secured as agricultural easements. The said easement shall be designated by the State as Prime Farmland. In addition, the location, size and terms of the easement shall be approved by the City of Lodi City Manager or designee. 2. The applicant shall inform and notify prospective buyers in writing, prior to purchase, about existing and on-going agricultural activities in the immediate area in the form of a disclosure statement. The notifications shall disclose that the Project site is located in an agricultural area subject to ground and aerial applications of chemical and early morning or nighttime farm operations which may create noise, dust, etcetera. The language and format of such notification shall be reviewed and approved by the City Community Development S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration y February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration W February 2011 Department prior to recordation of final map(s). Each disclosure statement shall be acknowledged with the signature of each prospective owner. Additionally, each prospective owner shall also be notified of the City of Lodi and the County of San Joaquin Right -to -Farm Ordinance. 3.0 AIR QUALITY Impacts on air quality due to project LS 1. The Project proponent shall prepared an Air Impact construction and operation Assessment (AIA) study for review and approval by the San LS Joaquin Valley Air Pollution Control District. The said AIA shall be completed and submitted prior to issuance of any building permit for the project include grade and site clearance permits. 2. The City shall not issue a building permit for grading, clearing or construction of the proposed Project until the applicant obtains grading and building permits from the San Joaquin Valley Air Control District. 3. Construction of the proposed Project shall comply with all applicable regulations specified in the San Joaquin Valley Air Pollution Control District Regulation VIII (Fugitive Dust Rules). 4. During construction, all grading activities shall cease during periods of high winds (i.e., greater than 30 mph). To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. 5. Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. 6. Trucks and other construction vehicles shall not park, queue and/or idle at the Project site or in the adjoining public rights- of-way before 7:00 AM or after 10 PM, in accordance with the permitted hours of construction stated in the City of Lodi Municipal Code. 7. Disturbed areas designated for landscaping shall be prepared as S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration W February 2011 Final Mitigated Negative Declaration 77 February 2011 soon as possible after completion of construction activities. 8. Areas of the construction site that will remain inactive for three months or longer following clearing, grubbing and/or grading shall receive appropriate BMP treatments (e.g., revegetation, mulching, covering with tarps, etc.) to prevent fugitive dust generation. 9. All exposed soil or material stockpiles that will not be used within 3 days shall be enclosed, covered, or watered twice daily, or shall be stabilized with approved nontoxic chemical soil binders at a rate to be determined by the on-site construction supervisor. 10. Unpaved access roads shall be stabilized via frequent watering, non-toxic chemical stabilization, temporary paving, or equivalent measures at a rate to be determined by the on-site construction supervisor. 11. Trucks transporting materials to and from the site shall allow for at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). Alternatively, trucks transporting materials shall be covered. 12. Where visible soil material is tracked onto adjacent public paved roads, the paved roads shall be swept and debris shall be returned to the construction site or transported off site for disposal. 13. Wheel washers, dirt knock -off grates/mats, or equivalent measures shall be installed within the construction site where vehicles exit unpaved roads onto paved roads. 14. Diesel powered construction equipment shall be maintained in accordance with manufacturer's requirements, and shall be retrofitted with diesel particulate filters where available and practicable. 15. Heavy duty diesel trucks and gasoline powered equipment shall be turned off if idling is anticipated to last for more than 5 minutes. Final Mitigated Negative Declaration 77 February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 7z February 2011 16. Where feasible, the construction contractor shall use alternatively fueled construction equipment, such as electric or natural gas -powered equipment or biofuel. 17. During grading and site preparation activities, exposed soil areas shall be stabilized via frequent watering, non-toxic chemical stabilization, or equivalent measures at a rate to be determined by the on-site construction supervisor. 18. During windy days when fugitive dust can be observed leaving the construction site, additional applications of water shall be required at a rate to be determined by the onsite construction supervisor. 19. Prior to issuance of a building permit, the Project proponent shall prepare and submit health risk screening analysis using Project -specific information pursuant to the requirements of the San Joaquin Valley Air Control District. 20. Al exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, excluding the winter season. 21. Al visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4.0 GREENHOUSE GAS EMISSION 1. The proposed Projects shall be required, prior to final City approval, to implement a GHG reduction program that uses Significant or cumulatively considerable LS Transportation Systems Management, building design for contributions to global climate change energy conservation, water conservation techniques, solid waste LS reduction techniques or other green technologies to demonstrate compliance with the City's goal reduction in GHG emissions compared to normal operations. 5.0 BIOLOGICAL RESOURCES 1. The project proponent shall obtain coverage of the project by the San Joaquin County Multi -Species Habitat Conservation LS Project Impacts on General Biological PS Plan (SJMSCP) by implementing the required Incidental Take Resource vales and on Special -Status Species Minimization Measures (ITMMs) specified by the SJCOG in its letter of November 30, 2010. S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 7z February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 7s February 2011 2. The Project proponent shall contact the San Joaquin County Council of Governments, Habitat Division, to schedule a pre - construction biological resources inventory survey. The said re- construction biological resources inventory survey shall occur 30 -days prior to issuance of a building permit. They City shall not issue a building permit for grading, clearing, staging or any form of permit that would allow site disturbance. The City shall only issue a building permit after it receives a signed ITMM from the San Joaquin County Council of Governments, Habitat Division authoring site disturbance. 6.0 CULTURAL RESOURCES 1. If evidence of an archaeological site or other suspected historical resource as defined in CEQA Guidelines section Project impacts on Archaeological and LS 15064.5, including midden, that could conceal material remains LS Historical Resources (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during Project -related earth -moving activities, all ground -disturbing activity within 100 feet of the resources shall be halted and the City of Lodi shall notified within 24 hours of the discovery. The Project applicant shall hire a qualified archaeologist to assess the significance of the find. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) forms and filed with the Central California Information Center. If the resource is a historical resource or unique archaeological resource which cannot be avoided, a qualified archaeologist shall prepare a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the resource. 2. Should paleontological resources be identified on the Project site during any ground disturbing activities related to the Project, all ground disturbing activities within 100 feet of the discovery shall cease and the City of Lodi shall be notified within 24 hours of the discovery. The Project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less -than -significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the Project applicant shall determine whether avoidance is necessary and S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 7s February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 74 February 2011 feasible in light of factors such as the nature of the find, Project design, costs, specific plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the Project site while mitigation for paleontological resources is carried out. 3. If human remains (including disarticulated or cremated remains) are discovered at any Project construction sites during any phase of construction, all ground -disturbing activity within 100 feet of the resources shall be halted and the City of Lodi and the San Joaquin County coroner shall be notified immediately. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The Project applicant shall retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The Project applicant will be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The Project applicant shall implement approved mitigation before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. 7.0 GEOLOGY AND SOILS 1. Each Project's conditions of approval shall require the Project be designed according to the most recent California Building Exposure of New Development to Geologic LS Code and UBC Seismic Zone 3 requirements, applicable local LS Hazards and Soil Constraints codes, and be in accordance with the generally accepted standard for geotechnical practice for seismic design in Northern California. 2. Prior to the approval of grading plans, the Project applicant shall erform design -level geotechnical investigations and S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 74 February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 70 February 2011 incorporate all recommendations into the Project construction documents and grading plans. 3. Prior to issuance of a grading or development permits, the Project proponent(s) shall obtain a National Pollutant Discharge Elimination System (NPDES) permit from the California Water Resources Control Board and a copy of the permit shall be provided to the City prior to or along with the first building permit submitted for the Project. 4. Prior to issuance of grading or development permits, applicant(s) shall retain a qualified geologic/geotechnical consultant to prepare detailed, design -level geotechnical investigations including an appropriate number of borings, test pits, trenches and laboratory testing to address final Project design issues. Such geotechnical reports shall be appropriately detailed to address final Project construction requirements and should conform to applicable San Joaquin County and City of Lodi standards. Where appropriate, specific measures shall be depicted on plans prepared by the geotechnical engineer of record or on plan sheets included with final grading plans to reduce any soil hazards to an acceptable level, including the potential for landslides, shrink -swell potential, liquefaction, differential settlement and other similar hazards. 8.0 HAZARDS AND HAZARDOUS MATERIAL Exposure of Construction Workers to LS None Required LS Environmental Contamination Associated with Adjacent or Nearby Land Uses 9.0 HAZARDS AND HAZARDOUS 1. Prior to issuance of a grading or development permits, to the MATERIAL satisfaction of the City of Lodi Public Works Department, the Project proponent shall provide a private retention basin either Project Effects on or Exposure to Flooding, PS onsite on adjacent properties to serve the proposed annexation LS direct Effects of the Project on Surface Project. Waters, Project Impacts on Surface Water 2. To the satisfaction of the City of Lodi Public Works Quality Department, as part of the design process, a detailed drainage S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 70 February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 70 February 2011 master plan shall be developed to identify collection and storage facilities, phasing and other appurtenances needed to insure that the system meets the requirements of the City drainage system. 3. The Project proponent shall prepare a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the construction period of the Project. The SWPPP must be maintained on-site and made available to City inspectors and/or RWQCB staff upon request. The SWPPP shall include specific and detailed BMPs designed to mitigate construction -related pollutants. At minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify properly designed centralized storage areas that keep these materials out of the rain. 10.0 LAND USE AND PLANNING Project impacts on land use. LS None Required LS 11.0 MINERAL RESOURCES Project impacts on mineral resources LS None Required LS 12.0 NOISE 1. Construction activities shall be limited to the hours of 7:00 a.m. Noise Associated with construction and LS to 10:00 p.m. Monday through Sunday, consistent with the LS operation of Project. City's Ordinance. 2. All noise -producing Project equipment and vehicles using internal combustion engines shall be equipped with mufflers, air -inlet silencers where appropriate, and any other shrouds, shields, or other noise -reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc -welders, air compressors) must be equipped with shrouds and noise control features that are readily available for that type of equipment. 3. All mobile and fixed noise -producing equipment used on the S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 70 February 2011 S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 71 February 2011 Project that is regulated for noise output by a local, state, or federal agency shall comply with such regulation while in the course of Project activity. 4. Electrically powered equipment shall be used instead of pneumatic or internal combustion—powered equipment, where feasible. 5. Mobile noise -generating equipment and machinery shall be shut off when not in use. 6. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise -sensitive receptors. 7. Construction site and access road speed limits shall be established and enforced during the construction period. 8. The use of noise -producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only. 9. A site-specific noise study shall be performed for future individual land use proposals within the Project area by a qualified acoustic specialist. If measured noise levels exceed applicable City of Lodi standards, then noise reduction measures shall be incorporated into the individual Project design to ensure consistency with the general plan noise standards. Noise reduction measures could include, but would not be limited to, noise barriers and site orientation for outdoor spaces and sound rated building constructions for indoor spaces. In addition the acoustic report shall demonstrate how noise from the Project will conform to the noise level requirements for stationary noise sources as outlined in City's General Plan and other applicable noise standards. 13.0 POPULATION AND HOUSING Project impacts on population and housing LS None Required LS S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 71 February 2011 14.0 POPULATION AND HOUSING 1. The Project shall pay all applicable impact fees according to the Project Impacts on population and housing LS rules and regulations in effect at the time of development of LS each phase. 15.0 RECREATION Project Impacts on public parks and LS None Required LS recreational facilities 16.0 TRANSPORTATION/TRAFFIC 1. The Project shall be subject to Development Impact fees as Project Impacts on transportation facilities PS outlined in City's Municipal Code Section 15.64.030. LS and traffic 2. The Project proponent shall pay for a transit study to determine whether or not modifications to the existing transit services are required. 3. The project proponent shall install bus turnout improvements as required by the Transportation Manager. 17.0 UTILITIES AND SERVICES 1. Extend a sanitary sewer to the Project area that can provide SYSTEMS adequate capacity to serve future development. Sewer PS improvement plans shall be designed to City of Lodi LS Project Impacts on Police and Protection engineering standards. The applicant shall obtain any permits Services, utility services and clearances from appropriate biological resource agencies that may be required, including any CEQA determinations. 2. To the satisfaction of the City of Lodi Public Works Department, a detailed engineering analysis for the development of a stormwater collection system that will serve the Project shall be prepared. Said analysis shall include sizing of the pipe network and sizing of the retention basin. 3. Prior to building permit issuance, the applicant shall submit landscape and irrigation plans for the common open space areas for the review and approval of the Community Development Director. Said plans shall incorporate, at a S = Significant CS= Cumulatively Significant PS = Potentially Significant LS = Less than Significant Final Mitigated Negative Declaration 7s February 2011 Final Mitigated Negative Declaration 79 February 2011 minimum, the following water -conservation measures: Extensive use of native plant materials; Low water -demand plants; Minimum use of lawn or, when used, installation of warm season grasses; Grouped plants of similar water demand to reduce over -irrigation of low water demand plants; Extensive use of mulch in all landscaped areas to improve the soil's water -holding capacity; Drip irrigation, soil moisture sensors, and automatic irrigation systems. 4. Extend water distribution pipelines to and within the Project area that can provide adequate capacity to serve future development. Water distribution pipeline improvement plans shall be designed to City of Lodi engineering standards. The applicant shall obtain any permits and clearances from appropriate biological resource agencies that may be required, including ani A determinations. 5. Project shall be required to pay a fee based on the proportionate share of the costs of designing and constructing -.q water treatment system for treatment of water acquired by the City from the Woodbridge Irrigation District. Landowner shall pay the fee required under the fee program to be developed by the City, but in no event later that when water service connection for each office and commercial unit is provided. Final Mitigated Negative Declaration 79 February 2011 COMMENTS ON THE ENVIRONMENTAL DOCUMENT AND LEAD AGENCY RESPONSES TO COMMENTS The City of Lodi received a total of six (6) comment letters from agencies and private/civic groups regarding the Initial Study/Mitigated Negative Declaration for the South Hutchins Annexation project. The comment letters are reproduced in this section, and the agencies and the civic group that submitted the comments are listed below. 1. Governor's Office of Planning and Research 2. California Department of Transportation (Caltrans) 3. California Department of Conservation 4. San Joaquin Valley Air Pollution Control District 5. San Joaquin Council of Governments (SJCOG Inc.) 6. Osha Meserve, on behalf of Citizens for Open Government On the following pages, each of the comment letters received is followed by the Lead Agency's response to the comments. Each commenter is assigned a code number above, and each substantive comment within each comment letter is assigned a letter code. Thus, each comment has a unique code made up of the commenter number and the comment letter code. For example, comment "IA" is the first comment made by the Governor's Office of Planning and Research. The lead agency's responses are shown following each comment letter, and the responses are keyed to the comment codes described above. Final Mitigated Negative Declaration 20 COMMENT #1 STATE OF CALIFORNIA r Governor's Office of Plan sing and Research mm State Clearinghouse and Planning Unit �ts� Arnold Sdmwas®egge< Olean dwm oovw w S»° RECEIVED Dewrober 31, 2010 .IAN 0 4 2GII 00MMUNi74' DEVELOPMIENTOEFT Immanuel Berekee CITY OF LODI City of Lodi 221 West Pine Stress Lodi, CA 95240 Subject: -Sourh I3urehim AnnmilianProjeat SC O: 20tOlt7.055 Dear Iorinaaeel Bereket: The State Clearinghouse submitted the above named Mitigated' Negative Declaration to selected stale - Wricies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your docuaxot. The review period closed on December 30, 2010, and fie comments firm the responding agancy (en) is (are) enclosed. Ifthis comment package is not in order, please notify the State Clearinghouse inunodiately. Please refer to the project's tea -digit State Clearinghouse number is harm oorrespotldence so that w0 tray rcipond prorupOy, Please note that Section 21104(c) ofthe California Public Reaourees Code slates that "A responsihlo or other public agency shall. only n -Ake substantive rte..,.., ends regarding those activities involved in a project which are within an area of ekpertisa of the agency or which are required to be carried out or approved by the agency. Those comments shell be supported by specific docuDlentabon." These comments are forwarded for use in preparing your final envirommcntal domemaor. Should you need more information or clarification ofthe enclosed comments, we recommend that yon contact the commeotiog agency directly. This letter sekrtowledges that you have complied with the State Clearimghwsa review requirements for draft environmental doounnems, pursuant to the California Environneaml Quality Act Please 000tact the State Clearinghouse at (916) 445.0613 ifyou have any gwdow regarding the environmental review promm- - Sincerely, Scott Morgan Director, State Cleatingbouse Enclosemes ce: Msourcea Agency UMTRWM P.O. an soca •AAOIAMWnv. CALi8OUnk 9619-90x4 TAW93,0440-ce19. BYISta>:91t189-8019 wwwaproa P Final Mitigated Negative Declaration 21 COMMENT #1 Document Details Report State Clearinghouse Data Base SCH# 2010112055 Pnofo t 770@ Soutar Hukdrins AnmaxaWn Project LeadAgency Lod', Clty of Type MNO Milgatad Negative Dedaradan DescnWhon NUT -E'. Extended R"aw per lead. The pre1so proposes a retsil center, a restaurant, end on offloo park with amra mmume required to support future deve"mem of the site. In total, implemenralon 0 the proposed project would result in the development of up to 103,350 square feet of commercfaUrelal use, inducing a 5,000 square foot beret, 6,400 sgtrare feet of restaurant spare, and 179,200 square toot of elks epaoe, IndudRtg a 68,000 square foot mediWl office building with a Iaborat" [3,000 square (NQ. The proposed projeet would also provide a later of 1,554 parting apacea, 495 more parking aprons than Is required by the parking regiAtions set forth in Ore Wall Municipal Coda. Of these spaces, 578 Wats would be provided for bre retail Component. 80 stalls would be provided for the restaurant component. anc 896 stale would be prcwlded far the oflce component. Lead Agency CoWmot Name Immanuel6areket Agency City of Lodi Phone [269)333.6711 rex ems@ Adadess 221 West Pine Street City Lodi Stats CJI Zip 95240 Project Location Counly San Joaquin CHY Lodi Region LaflLong 86`81.86-N1121.1&W �A Corsa Suwta 13333 N. West Lena. Cross Streets: Homey Lane and HuMns Street Parcel ft Township 3N Range 6E Secdan 23 ease MDUN Proximity to: fthwwys SRT 99 and Hwy 12 Afrports naumsys urrm: CGT Mhuwoys Schools 6edarum and Century Land Use Pretfactlssues Reviewing Resources Apanty; Department of Fish and dame. Region 2; Department of Parks and Recreation; Agemclas Department of Water Resources: California Highway Patrol: Caltrans. DWct 10: Reglonal Water malty Control Bd., Reglan 5 (Sacramento); Deportment 61 Ta)dc Substances Control; Moth* Amartcan Heritage Commission; OdwAgancy(iae); Department of Conadnadton oab Roaw"d I11T,2i2010 Sbd ofRevhw 11=010 C'nd of RNhW 174MO10 Nota: elarM In data fields result from insufRdant information provided by 60 agency. Final Mitigated Negative Declaration 22 Response to Comment Letter #1 from Governor's Office of Planning and Research, December 31, 2010 Response 1A: This comment letter documents the close of the review period for the submit IS/MND. The letter includes no comment on the IS/MND and requires no response. Final Mitigated Negative Declaration 23 COMMENT #2 MTR or AVMNAM1H=F=A0E=V DEPARTMENT OF TRANSPORTATION AM 10 F.Q. E*X 2048 STOCKTON. CA 95201 (1976 la. CHARTER WAYIl976 E, DR. MAFMN LUTHE8 KM IR. BLVD, 95205) TTY; Califaoia RchySwiaa [8001735.2434 FAayaupaineN Be PHONE (2139)941•1921 PAX M943-719 November 29, 2410 Immanuel Bereket City of Lodi Planning Division 221 'Blest Pine Stract Lodi, CA 95241.1910 Dear Mr. BerAkct: 10 -SJ -99 —PM 29.3 ,SM#2010112055 Soutb Hutchins Annexation Project The California Department of Transportation (Deparunent).appreciates the opportunity to have reviewed the Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed South Hutchins A.attentiorl Project. The 30 -acre Project site is located along Harney Lane and west of Stage Route (SR) 99. The Department has the following tommettts: 2 n Please prepare and submit for the Department's review and comment a traffic impact study 1 1 (TIS). A TIS is necessary to determine thin proposed project's near»term and long-term impacts to Stat facilities — both existing and proposed — and to propose appropriate mitigation measures. The Department recommends that the study be prepared in accordenm with the Caltrans Guide for the Preparation of Traffic Impact Studies, dated December 2002 (OWde). Please use SynchrolSim traffic version 7.0 to provide detailed traffic opemdons analyses. The following interchange and ramp intersection including frontage roads need to be evaluated. ■ SR 991Hamey Lane If you have any questions or would like to discuss our comments in more dctail, please contact Kathy Selsor at (209) 949-7190 selsor or ma at (M9) 941-1921. Sincerely, TOM D AS, CH[FP OFFICE OF METROPOLITAN PLANNING V SMorgan State Clearinghouse "ColNanr imya ore+urod,P4r oa.ms Cattya..ra" Final Mitigated Negative Declaration 24 Response to Comment Letter #2 from California Department of Transportation, dated November 29, 2010 Response 2A: CITY COUNCIL JOHNSON, CITY OF L O D I JOA JOANNE MDUNCE. E. Mayor Pro 7ernpore Community Development Department LARRY D. HANSEN CITY HALL, 121 WEST PINE STREET PHIL KAMOAN P.O. 90%3006 AWN NRICANISHi LODI. CALIFORNIA 95241.1910 (108) 333-6114 - Building (109) 333-6711 - Plann€np 6 Neiphborhnod SOM1098 (209) 338.6842 - Fa% w-Iodi.gov December 28, 2010 Mr. Tom Dumas California Departmem of Transportation, District 10 P. D. Box 2058 Stockton, CA 95201 RE, South Hutchins Annexation Project SCH # 2010112055 Dear Mr. Dumas: NDNRADT $ARTLAM C1Sy Manager RANDI JOHL, City Clark D. STEPHEN SCHWASAUER City Altorney Thank you for your comments regarding the South Hutchins Annexation Project. Your interest is appreciated and it is hoped that this response will help to answer your questions. Count Your comments indicate that a traffic impact study (TIS) Is required for this project in order to detennirle tree proposed projects near-term and long-term impacts to State facilities. Specifically, a TIS is needed to evaluate the proposed projects impact on interchange and ramps at the interaectian of Slate Route 99 and Hamey Lane. jResoonse: ICF Intemational, on behalf of the City of Lodi, prepared and published a Draft Initial Study/Mitigated Negative Declaration for She Harney Lane Interim Improvements Project (SCH#2010072040). This project would improve I,* Harney Lane interchange to maintain the level of service (LOS) at level D or better and assure acceptable operating conditions of the interchange untll and boyand 2016. The City will shortly be receiving the encroachment permit from Caltrans to begin the construction of the Harney Lane Interim improvements Project. The South Hutchins Annexation Project will be required to pay for their fair Share of the estimated $1.4 million Improvements based on their Impact to the Homey Lane/State Route 99 interchange. It you have arty questions regarding this letter, or if you'd like to discuss this matter, please feel free to contact me at the address or phone number listed above. The City would appreciate a prompt response concerning this matter. SincereEy, ko`niadt Bargain Community Development Director Final Mitigated Negative Declaration 25 COMMENT #3 W"MU0cWMNA$* a 52M AR&W AG 61CR DEPARTMENT OF CONSERVATION Mana~ Croda +rn(w'r k''""ap L DIVISION OF LAND RIESOUNCE PROTECT104 NJ KTME[ . Ma 1601 • SgCAIMEN(a CAUPO(11M9U14 /11th! -•1813749160 • MX 416112moo • 1C0 4161:24+7573 • NWE111 mwftamnC *w Decarnber 29, 2010 VIA FA t "24 2110.333 6847 Manny Berakdet. AwAstant Planner Community Development Departrnent City of Lodi City Hap, 221 West Pine street P.O. Box 3008 Lodi, CA 95241-19-10 SuMact City of Lodi SOLO Hutchins Annexation Project Mitigated Negative Declaration Dow Mr. BemW: pp The Department of Conservation's (DapaAment) DKts[an of Land Rewume Protection 1'1 (Dhftion) has revieromd the Mitigated Nagafim Declaration (MND) far tree rdwomed project. The DMalr,,n monitors faffniand conversion an a statewide basis and adrrosters the CaUfomla Land Conservation (Williamson) Act and other agrkuhurel land conservation programs. We offer the following oommants sand recommendations with respect to the project's potential impacts on agriculsural nand and resources. n The purpose of tM: South Mvtchins Annexation project is the development of a retail center, restaurant, and a medical Office. The 30 sem, project is fitted In the City of Lodi and Is bordered by Harney Lane to the north. Weal Lane to the ea#, and agrloultural fields to the south and west. The project alta is not under a Wifileamw Aar contraOL However, implameRdalion of the project would oordlict with the site's current zoning designation. Addidonallly, implementation of Ilse project would convert 36 apes of Prima Farmland to non-agricuitiurai uses. Bath the ss&sninrq oonlliat and convemlon have been categorized as having a poterttlalty significant impact to agrfculturat resourc". Therefore, the Dlalelon necornmends that any subsequent CEQA document address the Wowing Items to provide a comprehensive disouselnn of potential impacts of the project on agricultural land and act Mw. Yhel7ypm.aneene q/'Can7�rwrke's nri7aiwl nsm bafexes abday''s+aeea�lvul6 anronvw i e+6cArnrPes andfpvn' ibnrrl6gnr, ••••�,+-••�'+ti 1mdRQ"rcF�nraaeaPCarg�wienerpnlalmff sxd211i11f/ffi:r+e431utiaa Final Mitigated Negative Declaration 26 COMMENT #3 Nianny 6eraKet, A:aslatara Planner Oecernher 29, 2010 Page 2 of 8 �ltural SetUrmck of the P� ■ Location and extent of Prima Farmland, Farmland of Statsvdde Importance. Unique Farmland, and other 41m of farmland in and od)Bcem to the project area. r Current and past agnouthuel use of tha projw area. Free {mdWe data on the VW of amps grown, and crap yields and boom gate sales rak=. To help desorlbe V* fW agdoulhual resource value of the *OA& on the site, the De"Ont recommends the use of economic multipNers to assess the total coWbution of" We potential of wheal egricult taI production to the tical, regional and state economitw Two souncos of soorwmia muldplim can be found at lima Univeraily of CaftWa CoepwaRve Extension SaMca and the United States Department of Agriculture NSDAj. Pro,Pcojig 1MQaCft ort AiRlPyltural Mmol ■ Type, arnou,k, and location of farmland canvereion resulting directly and lrtdlracdy from project Wplemtentallon and gro%Ah inducement respectively. ■ Impacts on uummt and future agricultural operations; e.g., land -use oordlicts, WWWSW In land values and twm. vandat'ism. etc. ■ incremental project impacts leeding to cumulative Impacts on agricultural land. This would iwkide impacts hum gte proposed pw*ct, as well as impacts from past, currars, and likely projects In the Adura. 3A Under Catllcnnla Conde of Regulations §1SW4.7, impwW on agricultural resources may also be both quantified and qualified by use of astel*zhed throestuft of elgr*liicance. As such, the DK4sk n has developed a Callfamla version of the USDA Land Evaluation and Site Assessment (LE.SA) Model. The CoMomin L.E5A model a a semi-quandtatNa rating system for wdabllshing the environmental ftfflicamce of project-speem impacts on farmland. The rodal may also be used to rats the relative value of shame" project sites. The L.ESA Model Its available on the Division's webske at: The loss of agn m*md land represents a permanem reduction in tits State's agricultural WW rosouroes. As such, the Deparhmant reoarrenends the use of permanent agricultural conservation easements on land of at lea" equal quaff and sura as partial, ownpans t on fol tte diced loss of agricultural land. If growths Inducing or cumulative agricultural impacts are involved. the Depadment rommmemk that this mamma of Final Mitigated Negative Declaration 27 COMMENT #3 Manny 9etoltd, Assistant Planner December 29, 2010 Page 3 of 3 emservatfon easements to lost agricultural land be inoreased. Conservatlon easements will promo a portion of those remaining land rewuraes and leasen pn*ct impaata in accordance with CECA Guideline §15370, The Departfnerd highlights this measure because X its acceptance and use by lead agendas as an appropriate millgaWn measure under CEQA. and Because it fok4w an eatatfthed rationale slmllar to that far wildlife haN>ilat motion. bAlnpatfon via agricultural conservation eawmonta can he implemented by at least two alternative approa:hes: the outright purchase of easements, or the donation of mWigation fees to a local, ra&nal or statawWe organeolion or agency v w90 purpose includes aha aogt*AWn and stwawdship of agrleullwal conservation easements. The conversion of agrkultural land should he deemed an Impact of at loam regional signif canoe• Henri, the search far replacement lanais can be conducted negionasy or stdwMde, and nw—d not be limited strictly to tarda within the project's surrounding area. The Department also has avatlab[e a ➢sting of appro:1imately 30 'conservation Seats" that have been used tc conserve or millgate project Impacts on agdouftwal land. This compilation report may be requested from the Oivlskin at the address or phone number below. Gerwal in forrim bw about agricultural conservation easements, the Williamson Act A and provisions noaad above is available on the Deperlrnmrs websito: vldlmlkrdM.wm Of COUM. the U$9r of conservaltan easements is only one form of mslgallon that should be considered. Any other feasible mitigation measures siwuld alae be conaldered. Thank you for giving us the opportunity to comment on this MNO. It you have questions regarding our corrrrterrte, or require tache" assft4nce or lydornWlon on agricultural land conservation, please contact Fillott Lum, Environmental Planner, at 801 K Street, MS 18-01, Secrarnentc, CA 05814: ptw w (916) $24-0688; ematl: EIWt UAQOonservWon.ca.gov. Sincerely, V `. otle Program Managor Williamson Act Rogram CV Slate Clearinghouse Final Mitigated Negative Declaration 28 Response to Comment Letter #3 from California Department of Conservation, dated December 29, 2010 Response 3A: This comment is noted. The IS/Mitigated Negative Declaration requires the project proponent to secure prime agricultural conservation easement in perpetuity at rate of one 1:1 (acreage converted/easement secured) in the northern San Joaquin County area, excluding areas designated as nature or areas already secured as agricultural easements. The said easement shall be designated by the State as Prime Farmland. In addition, the location, size and terms of the easement shall be approved by the City of Lodi City Manager or designee. Final Mitigated Negative Declaration 29 San Joaquin Valley AIR POLLUTION CONTROL DISTRICT December 29, 2010 Community Development Director City of Lodi P.O. Box 3008 Lodi, California 95241 Project: South Hutchins Annexation Project District CEQA Reference No: 20080832 To Whom It May Concern: HEALTHY AIR LIVING - RECEIVED JMO32" The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the Draft Mitigated Negative Declaration for the South Hutchins Annexation Project located in Lodi, California. The District offers the following comments: Comments 1) The District recommends the discussion on page 51 of the Draft Mitigated Negative Declaration (MND) be amended to reflect the Districts current attainment status. 4A More information on the Districts current attainment status can be found an the District's website at: httP7LMW.vaIleya'r. oMLaginfolattainment.htm . 2] The MND (page 52) indicates "the proposed project would result in substantial construction activities." The District recommends feasible mitigation of construction exhaust emissions include use of construction equipment meeting, at a minimum, Tier II emission standards, as set forth in §2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 Code of Federal Regulations, The District recommends incorporating, as a condition of project approval, a requirement that off-road construction equipment used on site achieve fleet average emissions equal to or less than the Tier II emissions standard of 4,8 Op -hr NOx. This can be achieved through any combination of uncontrolled engines and engines complying with Tier It and above engine standards. 89"d £adred1n ' Eural"nv 0KaC1rIAlf P1r1Aa. 9ifroE 0fker YuUan Wenn Crlinl Woo Wmin Offk* SweMm bow 46M EMKPfn Fh4 IMF. Bellphur Arra 34949 Flom CW 1 Modem. CA 953W511a F WCA 937269244 6YrafNd,CA999069725 Tot M557.6190 FAX: =I 557.5475 Tk 1559 NU MW FAX; 1602*W$1 Tk M1,392 -55M FAX: 561-M-5515 nrlw.r111rai,ar w1rwFwAtr�i�vn Final Mitigated Negative Declaration 30 0-1 COMMENT #4 atM CECM ftfwwm No MWW COMMENT #4 P&P 2w3 3) The MND (page 61) indicates the SJVAPCD adopted guidance for addressing GHG emissions requires projects to "employ a 2% reduction in GHG emissions, 4Cconsistent with AB 32 emission reduction targets." The Draft MND should be amended to reflect the SJVAPCD adopted 29% reduction in GHG emissions, consistent with AB 32 emission reduction targets. 4) Based on information provided to the District, the proposed project would equal or exceed 2,000 square feet of commercial space. Therefore, the District concludes that the proposed project is subject to District Rule 9510 (Indirect Source Review). District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to subm€t an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. p approval of the subject project constitutes the last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at: httg:/1www.vallevair.oM/I8R118RHome. him. 5) The proposed project may require District permits. Prior to the start of construction I the project proponent should contact the District's Small Business Assistance 4E Office at (559) 230-5888 to determine N an Authority to Construct (ATC) is required. 6) The proposed project may be subject to the following District rules: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural 4 C Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving r and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). T) The District recommends that a copy of the District's comments be provided to the 14G project proponent. The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requ€rements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 234-5888. Current District rules can be found online at: www.vallevair.oralrules/1ruleslist.htm. Final Mitigated Negative Declaration 31 DIS► CfC A Relererx* ft: 200MM COMMENT #4 Pape 3 013 District staff is aval101e to meet with you and/or the applicant to further discuss the regulatory requirements that are associated with this project. If you have any questions or require further information, please call Mark Montelongo at (559) 230-5905. Sincerely, David Warner Director of Permit Services -01� -"�&Agj Arnaud Marjollet Permit Services Manager DW: mm Final Mitigated Negative Declaration 32 Response to Comment Letter #4 from San Joaquin Valley Air Pollution Control District ("District"), December 29, 2010. Response 4A: Comment noted. The San Joaquin Valley is designated non -attainment of state and federal health based air quality standards for ozone and irrespirable particulate matter (PM). Under the federal classification scheme, the San Joaquin Valley is classified „ .,,-taro,. e Attainment for beth the PMIO (particulate matter less than 10 micrometers in diameter) standard and the 8 -hour ozone standard is classified as Nonattainment/Extreme. The rest of the air quality attainment status has not changed since the preparation of the Initial Stud gated Negative Declaration. Response 4B: Comment noted. A condition has been added to project approvals, which reads as follows: All off-road construction equipment used on site shall achieve fleet average emissions equal to or less than the Tier II emissions standard of 4.6/ghp-hr NOx. Response 4C: Comment noted and correction made below: Climate Change Threshold The SJVAPCD adopted guidance for addressing GHG emission on December 17, 2009. No numerical thresholds have been established, but Projects will be required to employ a 2-074 29%reduction in GHG emissions, consistent with AB 32 emission reduction targets. Response 4D: This comment is noted. The Proposed Project would exceed 2,000 square feet of commercial space. Therefore, District Rule 9510 (Indirect Source Review) applies to the project. As conditioned, the project proponent is required to prepare and submit an Air Impact Assessment to the the District prior to issuance of a building permit, and to pay any applicable offsite mitigation fees before issuance of the first building permit. The City will not issue until it receives written approval from the District to issue a permit for the project. Response 4E: Comment noted and the applicant has been provided with a copy of the District's comments and their contact information. Response 4F: Comment noted. Response 4G: Comment noted and the applicant has been provided with a copy of the District's comments and their contact information. Final Mitigated Negative Declaration 33 COMMENT #5 5 jCd% me xV NftKIRECEIVED Tac Kn1m*e Om%Cm" Omft&#olLcd Kc 0; X10 Rios ry se x3 inn 1ria"rrr �-mif 130k Nprratnr79� 14 Y'k �� �fia�otT�C�4MFFAt�alaAla�n P firmarrFaForlliire�rjr� idF10GOd: La��14�1lAni�ae iUiA�{s IfA4�AiC T� W ba QYIMRF�k p14rbwMaal Iir14MtM4iIeF�f ip�Md�rld�1'� OarJlk. �R sxm wapurU&PMjW-FAIN afi!#ofcaafAmddit braniilcf�Y�Mrrtaf�oruawilran iruorMnudedba4----.OAInba44rdpir�apta ftmL ler p000Md QIr 11q� Y1o111de 04a�9p i nFlrlcr IM a UNNO ardapd I d*2 ML �FOt IM�dprai�cl4rVntlfaNFki4ni totupItr.id3m hatnfwxnrtlrm k����1�g1tl�f����#. ir4K6AGGagawfrrtafar�urrt apdFrlli¢uFafalkifoifr�y�r*, �6}AI*1i L�� 1.401 yrllyg �/4 ��lsd �J' �LiFlf bfl� �101R 1f1� LaIrF i1M. and aw-ftn iM lib 10"9o4AF NW OWL tiq afl.I4dl i � d�8an Cam ASMI-t�r� FwCA* Ct�F+W4�l++rq oPN TIF in rFraAes Iag4i�rinrlpk of Ce�r rrF am,". am wig alum i W rfM an �i Inr•t of IIMOMIOf qI OOI�MI4! 4rwF 111f� C0m 4u" Ail I$'i LOCAL H .#�OAYd lot y to gp"Aw 1�d1 pw yft N&UM #+4 P iud gKrYl[fatl rw 9* ISM as OMPA 41 mom"we *Q ump, min Irtr —s"l arrB Y "�� �a�wrr4*REP& ae and rlld•quda, tlwr fro,ldrl n�, a{pAor41 cel�sa � atrlf i• � as r aYe f�Grertl/d � � prgad � *r i0Gn4dGPF prolotge.1�11tb4airm� RlewonMaotraffla�tlYFp ��� �a+b.� w�p�Iaadt ■ �idlyd4fa a tip � Prone s pa�ioerr4rlbe rrviK�r++adb►lr�Fr,idp>�prlrr�r� ■aap Y 11rre+1+ 4r s7YdCP W IOr+n 1a P+ai1iR+�P B � 1 4 afi�rrr�errt�e�l R�� F~++1W er and Ts �awa+rR ti MId � qYr * Qm*1a 00 OPEC* d R1pMFmtsm "1Ii0►lrrr« - 1-f- POWA 14�Ijwla��+lit Oigw5 ";*pia �R+�I+��rt�r4� Iw�fi4adiFM�a#�r�/�fi a �4PF)��� ��1/l�a�K MO#1L�1�1��11f1E1�10�1Fl�MfJ�FI�iMe�M11� Final Mitigated Negative Declaration 34 COMMENT #5 21SJCOG, Inc. Quahly Canhrot Board MWQCB mi dd have re"fary audxwfty over those mapped areas [pursuant m section 404 and 401 of ft [leen Water Act ruspacafvetyjand pmu dfs would he m%drad hwn each dthass resource agencies pnor to grading the prgwdt SO. If you have any questions, please call (209) 235-0600. Final Mitigated Negative Declaration 35 COMMENT #5 315JC00. Inc. ]C0 G, hr. Sm G Hwww c4uwpa&ff 4& opm spm. PAN W3 Ems WdW Ayww a SW ckm CA 94202+M235 -M • FAX (M M6+Ci7e F .i •�i. •-�i fig �. 5 k - .77, 770 1X i7 i is e Fry '.i'I�-��k' '.:1 .' F ..J'i� �. �+. 3 �+•.il.�. �:I:l �• �F-�' ':i'L�-�: L-. .i:-. a FRW: KkvbwlllAww,Sr-M.Ina 00 NOTAUT14ORIZE SITE DISTURBANCE OO NOT ISSUE A BUIWING PERMFr DO NOT ISSUE FOR THIS PROJECT 1'hs hK tllla aIF.1r.s �aqu�d ciarrrape pulrwlM la iha Sen,lcw�quln CKft IIl1-9pad.s FAA" Conrfn Won and Open SPSM Plan "91M. Fn Mdaarea W vft dWapmermarA, qw Appmd bm mwgmd U T _R .e *x, Load. wbn COMO* Tb& LOC& MUMCTM R*dna nap"h ty kWgM Xft fto ft #pprnp Olin Indd*rrWTab. NMb*alft 4 MU1111pMAM oup•ily MW ■nd Hit appmprWo 111mas an p.ld In umvowm wft dw 6.I 3CP. Final Mitigated Negative Declaration 36 Response to Comment Letter #5 from San Joaquin County Council of Government (SJCOG, Inc), dated November 30, 2010. Response 5A: This comment is noted. The Project proponent plans to participate and seek coverage in the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP). The City has informed the applicant of the process and has conditioned project approval that no building permit is to be issued until appropriate Incidental Take and Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Response to Comment 5B: This comment is noted. Project approvals require the applicants to contact SJCOG for preconstruction biological survey at least 30 days prior to building permit issuance. The City will not issue a building permit for the project until it receives a signed Incidental Take and Minimization Measures letter from SJCOG, Inc. Response to Comment 5C: This comment is noted. The City will implement Incidental Take Minimization Measures disturbance and pay SJMSCP fees prior to ground disturbance. Final Mitigated Negative Declaration 37 COMMENT #6 SOLUIU MESERVE A Law Corporation 1822 21" Street; Suite 202 Swzameom, c aliform" 95811 916.455.7300 (telephone) 916.244.7300 (Simile) WWW.semlaWAu COM Deoember 29, 2010 Na Facsimile (209} 333-6$07 Via Email kchadwi"odi.iz ibereketlgllodUzov Mr. Rad Bartlam Interim Community Development Director City of Lodi 221 W. Fine Street Lodi, CA 95240 Re: Comments on Mitigated Negative Declaration for South Hutchins Annexation Project Dear Mr. Bartlam: This film represents Citizens for Open Government ("COG"}, which has been working to preserve farmland and improve the quality of development m, the Lodi area for many years. In particular, COG has worked with the City and developers to ensure, that mitigation (primarily in the form of conservation easements) is provided when agricultural land is developed. COG also has a strong interest in the creation of a community separator that remains in agricultural use. Such a separator would preserve the quality of life for residents of Lodi as well as promote the continuing productivity and viability of farming in the area. COG is concerned that the South Hutchins Annexation Project ["Project"} is yet another significant incursion into the undeveloped land between the City and Stockton. Moreover, the Draft initial StudylMidgatcd Negative Declaration ("MND„} prepared for the Project does not adequately disclose or mitigate the potentially significant impacts of the Project. As a result, a full Environmental Impact Report ("EIR") trust be prepared prior to approval of the Project in order to comply with the California Environmental Quality Act CICEQN }. (Pub. Resources Code, § 21000 et seq.; Cal. Code Regs., tit. 14, § 15000 et seq. ["CEQA Guidelines").) As discussed in detail below, the potential adverse environmental effects of the Project have not been adequately considered or evaluated and in some cases have been misapprehended or overlooked altogether. Use of a negative declaration is improper in Final Mitigated Negative Declaration 38 COMMENT #6 Mr. Rad Bartlam December 29, 2010 Page 2 this case because substantial evidence supports a fair argument that the proposed project may have an adverse impact on the environment. As a result, the MND for the proposed project fails to comply with CEQA. CEQA Requires an EIR Whenever a "Fair Argument" Can Be Made that a Significant Impact Will Occur Because of a Project Under CEQA, an EIR is required whenever substantial evidence supports a "fair argument" that a proposed project may have a significant effect on the environment, even where other evidence supports a contrary conclusion. (See, e.g., No 011, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68,74 [No Oil]].) This "fair argwnent" standard creates a "low threshold" for requiring the preparation of an EIR- (Citizens Action to Serve All Students v Yhornley (1990) 222 Cal.App.3d 491, 504.) Thus, a project need not have an "important or momentous effect of semi-permanent duration" to require an EIR. (No Oil I, supra, 13 Ca1.3d at 87.) Rather, an agency must prepare an EIR "whenever it perceives some substantial evidence that a project may have a significant effect environmentally." (Id. at p. 85.) An EIR is required even ija different conclusion may also be supported by evidence. A decision by the City to not prepare an FIR, but instead to approve the proposed project based on an EAIMl D that concludes the project has no potential adverse environmental impacts, can therefore only be adequate if "clearly no significant effect on the environment would occur and there is no substantial evidence in light of the whole record" that such impacts may occur as a result of project approval, taking into account the proposed mitigation measures. (Pub. Resources Code, § 21080, subd. (c); CEQA Guidelines, § 15064, subd. (f)(2).) To lawfully approve the project based on the MND, the City must approve mitigation measures sufficient to reduce potentially significant impacts "to a point where clearly no significant effects would occur." (CEQA Guidelines, § 15074, subd. (b)(1).) A lead agency may satisfy its CEQA obligations by preparing a MND instead of an EIR if. (1) revisions in the project would mitigate the effects of the proposed project to a point `where clearly no significant effects on the environment will occur, and (2) 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." (Pub. Resources Code, § 21064.5.) The City must also adopt a legally adequate mitigation monitoring or reporting program in compliance with CEQA. (CEQA Guidelines, § 15074, subd. (d)_) To comply with CEQA "[t]he reporting or monitoring program shall be designed to ensure compliance during project implementation," (Pub. Resources Code, § 21081.6, subd. (a)(1); CEQA Guidelines, §§ 15074, subd. (d), 15097, subd. (a).) The City may not Final Mitigated Negative Declaration 39 COMMENT #6 h4r. Rad sartlam December 29, 2010 Page 3 simply rely on a "summary" that merely relists the various mitigation measures in the absence of a discussion of implementation or evidence that the measures will be enforced, (MND, pp. 190-200.) Furthermore, an agency will not be allowed to hide behind its own failure to gather relevant data.. Specifically, "deficiencies in the record [such as a deficient initial study] may actually enlarge the scope of fair argument by lending a logical plausibility to a wider range of inferences." (Su ubftm v. County of Mendocino (1988) 202 Cal,App.3d 296, 311.) For example, in Sundstrom the court held that the absence of information explaining why no alternative sludge disposal site is available `hermits the reasonable inference that sludge disposal presents a material environmental impact." (Ibid.) In this case, the lack of data or other substantial evidence to support the conclusions of the MND gives rise to a strong inference that the proposed project has potential adverse environmental effects. Moreover, as discussed below, there is ample• evidence in the record supporting a fair argument that the project may have a significant effect on the environment. For these reasons, an EIR must be prepared. II. Substantial Evidence Supports a Fair Argument that the Project may have a Significant Impact on the Environment An EIR is required because the evidence as a whole contains a fair argument that the proposed project may result in significant impacts to human health and the environment. A. The Project Will Result in Potentially Significant Agricultural Impacts The MND acknowledges that the Project would result in the loss of approximately 30 acres of Prime Farmland on the edge of the currently developed City core, which would then lead to conflicts between urban and rural land uses. (N ND, p. 36.) To partially mitigate this impact, Mitigation Measure AG 1 would require that the Project proponent secure conservation easements at a 1:1 ratio. (MND, p. 40.) The MND then concludes that even with implementation of Ntigation Measure AG 1, conversion of Prime Farmland to non-agricultural uses would result in a significant and unavoidable impact. There are several problems with this analysis. If a significant impact will result from the Project, an EIR must be prepared. [Pub. Resources Code, § 21080, subd. (c); CEQA Guidelines, § 15064, subd. (f)(2),) Here, the MND explicitly admits that a significant impact would result from the Project. To the extern the MND attempts to rely on General Plan policies and the General Plan EIR to Final Mitigated Negative Declaration 40 COMMENT #6 Mr. Rad Bartlarn December 29, 2010 Page 4 excuse preparation of an EIR for this Project, that approach is impermissible. In particular, the tiering provisions of Public Resources Code section 21083.3 are inapplicable where, as here, the parcel is not even within the City's jurisdiction, there are peculiar Project effects that have not been analyzed, and all feasible mitigation is not incorporated into the Project. Moreover, the mitigation provided for conversion of Prime Farmland to non- agricultural uses is inadequate. At a minimum, a conservation easement measure must specify that: (1) the replacement farmland be threatened by development and within a reasonable distance from the Pmject, or otherwise meet the easement selection criteria of the Cenral Valley Farmland Trust (attached as Exhibit 1 ; and (2) an adequate endowment be provided to manage the easement in perpetuity. Mitigation Measure AG 2 is also inadequate to reduce conflicts between ongoing agricultural operations and uses that would occur within the Project site. Mitigation Measure AG 2 simply requires disclosure to buyers about ongoing agricultural activities. A much more effective mitigation measure would be a requirement to include buffers within the Project site to ensure that surrounding agricultural activities can continue without interference. Indeed, the Lodi General Plan itself includes Policy C -P5, which directly addresses this issue: Ensure that urban development does not constrain agricultural practices or adversely affect the economic viability of adjacent agricultural practices. Use appropriate buffers consistent with the recommendations of the San Joaquin County Department of Agriculture (typically no less than 150 feet) and limit incompatible uses (such as schools and hospitals) near agriculture. (MND, pp. 36-37, bold added.) Thus, the City's own General Plan policies require inclusion of buffers to protect ongoing agricultural uses. Moreover, the City's General Plan counsels specifically against siting of medical facilities — such as those proposed here — near ongoing agricultural operations. An EIR must be prepared to analyze the admittedly significant impacts associated with conversion of Prime Familand by the Project. Moreover, adequate mitigation for these impacts must be provided. COG is willing to work with the City and the Project proponent to correct these deficiencies. Final Mitigated Negative Declaration 41 COMMENT #6 Mr. Rad Bartlam December 29, 2010 Page 5 B. The Project Will Result in Potentially Significant Air Quality Impacts Air quality impacts of the Project are also potert"ly significant. Without even bothering to quantify air quality emissions from construction or operation, the MND concludes that air quality impacts will be less than significant. Analysis of Project- specific rojectspecific emissions — at least through use of readily available models — is necessary to make such a determination. (See CEQA Guidelines, § 15151.) Moreover, the fact that the local Air District does not require quantification of emissions does not excuse noncompliance with the minimum public disclosure requirements of CEQA. Mitigation Measure AIR 1 acknowledges that: Parcel Maps, Prezo ing designation, future Conditional Use Permits, Site Plan Review, and Planned Development Review must be evaluated to ensure compliance with air quality standards, including construction, area source, and operational emissions. (MND, p. 52, bold added.) This "mitigation measure" impermissibly defers not only the formulation of mitigation for the Project but also the substantive analysis of potentially significant impacts. This analysis must be conducted before not after Project approval. C. The Project Will Result in Potentially Significant Greenhouse Gas Impacts Greenhouse Gas ("GHG"} emissions would also result in significant and unavoidable impacts. While Mitigation Measure GHG 1 requires implementation of GHG reduction program, the measure does not include an enforceable performance standard as required by CEQA. (CEQA Guidelines, § 15126.4, subd. (a)(1)(B).) Nevertheless, the MND concludes that the Project's GHG impact would be less than significant. in order to properly address GHG emissions, use of the Attorney General's Guidance for Addressing Climate Change at the Local Level (available at help://aii,,ca.eav/alobalwarn inL,/DdVGW ,met ggon measures.pdt) is suggested. This document includes numerous measures to reduce GHG emissions at the project level. Moreover, Project buildings should be certified by the LEER (Leadership in Energy and Environmental Design) system developed by the U.S. Green Building Council or other equivalent green building rating system to reduce energy use and GHG emissions. (See General Plan Policy CD -P40 ("implement green building and construction guidelines and/or standards, appropriate to the Lodi context"}.) Final Mitigated Negative Declaration 42 COMMENT #6 Mr. Rad Bartlam December 29, 2010 Page6 D. The Project Will Result in Potentially Signifleaut Traffic Impacts The MND's analysis of traffic and circulation is inadequate and relies on assumptions and methodologies that work in conjunction to understate the proposed ProjeWs significant impacts on traffic and circulation. Just a few of the deficiencies include: • The MND does not include a traffic study detailing the baseline traffic assumptions, affected intersections, and trips that would be allocable to the Project and cumulative conditions. (MM, p. 168.) • The traffic generation assumptions in the MMD appear to rely in part on unsupported high pass -by assumptions to reduce the number of trips assumed to be generated by the Project. ( vMl), p. 167.) • The MMD illogically assumes that patient trips would be reduced by: (1) use of public transit that, in fact, does not serve the site and is actually 16 mile away; and (2) patients being dropped off by others who are also driving. (MND, p. 168.) ■ There is no information in the MND supporting the finding that a Regional Traffic Study is not required (MND, p. 169.) For example, the Project would generate 1,512 peak PM hour vehicle trips. (MND, Table 16-1.) When a 20 percent distribution is assigned to these trips (Table 16-3), it appears that 302 vehicles travelling northbound along Highway 99, which is approximately twice the threshold for preparing a Regional Traffic Analysis. . • The conceptual site plan does not appear to conform to General Plan Policy CD -PS (configure parking areas to balance a vital pedestrian environment with automobile convenience). In particular, the planned buildings would not be located along the street with parking in the rear. The mitigation provided for the potentially significant impacts of the Project is also deficient. It is not clear that Mitigation Measure TRANS 1, requiring payment of impact fees (MND, p. 170), would in fact reduce cumulative traffic impacts to less than significant levels in conformance with CEQA Guidelines, section 15130, subdivision (a)(3). Anderson First Coalition v City ofAnderson (2005)130 Cal.AppAth 1173, 1 IM .1189, identified the information required for a' fair share" mitigation measure: (i) An identification of the required improvement; (ii) An estimate of ft cost of the required improvement; Final Mitigated Negative Declaration 43 COMMENT #6 Mr. Rad Bartlam December 29, 2010 Page 7 (iii) Sufficient information to determine how muck the project would pay towards the improvement; and (iv) The fees roust be part of a reasonable, enforceable plan or program sufficiently tied to the actual mitigation of the impacts at issue. In contravention to Anderson First, the MIND fails to include any of this information. The MND simply mentions "intersection and roadway improvements in the Project's area, including widening Harney Lane, and construction of two arterial streets along the southern and western borders of the Pmject site." (MND, p. 169.) Mitigation Measure TRAINS 2 would not reduce impacts associated with the Project's potentially significant conflicts with adopted policies, pians and programs supporting alternative transportation. (MND, p. 171.) Mitigation Measure TRANS 2 simply requires the Project proponent to pay for a transit study, anddoes not actually require the Project proponent to pay for any transit improvements. Moreover, feasible mitigation for the design of the Project was not considered and should be required. Potential mitigation measures include: (1) pedestrian enhancing infrastructure such as sidewalks and pedestrian paths, direct pedestrian connections, street trees to shade sidewalks, pedestrian safety designs/infrastructure, street lighting and/or pedestrian signalization and signage; (2) bicycle enhancing infrastructure such as bikeways/paths connecting to a bikeway system as well as secure bike parking. Both Mitigation Measure TRANS 1 and TRANS 2 also impermissibly defer formulation of mitigation to a future date after completion of the environmental review period. Under Communities for a Better Environment et at, v. City of Richmond or at. (2010)184 Ca1.App.4th 70, 95 (CBE) and other applicable authority, such an approach to mitigation violates CEQA. Specifically, the CBE court struck down the decision to defer development of a Greenhouse Gas mitigation plan until after project approval. (Ibid.) Studies regarding the traffic and related impacts of the Project must therefore be analyzed within the environmental document, and not deferred to a later date. As described above, the MIND's traffic study is flawed and does not support a finding that the Project will have less than significant traffic impacts, at both the Project - and cumulative level. To the contrary, the record as a whole establishes that the proposed project will result in significant traffic impacts thereby necessitating preparation of an E1R and EIS. (CEQA Guidelines, § 15074, subd. (b) (negative declaration appropriate "only•if ... there is no substantial evidence that the project will have a significant effect on the environment").) Final Mitigated Negative Declaration 44 COMMENT #6 Mr. Rad BartIam December 29, 2010 Page 8 Thank you for considering these comments. Please feel free to contact me if you have any questions or I can provide any further information that would assist the City in its consideration of this important Project. Very truly yours, SOLURt MESERVIE A Law Corporation By: Y R Osha R. Meserve ORMImre cc: Ann Cerney, Citizens for Open Government, acerae cr,inreach.com Final Mitigated Negative Declaration 45 EXHIBIT 1 Central Valley Farmland Trust 1. Soils: Farmland evaluated by the California Department of Conservation Farmland Mapping and Monitoring Program as being "Prime farmland" or "Farmland of Statewide Significance" will receive the highest priority. The Central Valley Farmland Trust might also consider farmland designated as property that has significant value to the regional agricultural industry regardless of soil characteristics. 2. Water: The property has a dependable and sustainable supply of high quality water for irrigation. a. The land is large enough to sustain commercial agricultural production. b. The property is not substantially surrounded by urban development such that its continued agricultural viability is threatened. 4. Urbanization pressure. The property may be subject to urbanization pressure within the foreseeable future. g. Consistent with Community plans and goals. Existing community goals, plans, and political boundaries are compatible with permanent agricultural use of the property: a. The property is currently zoned for agriculture. b. The property is outside the primary sphere of influence of a city or a community service district. C. An agricultural easement on the property would have the potential to have a long term impact on urban growth in the area and encourage growth on less productive farmland. Data ofRdoption' Final Mitigated Negative Declaration 46 Date of Last Revision, May 27, 2005 Response to Comment Letter #6 from Osha Meserve, on behalf of Citizens for Open Government, dated December 29, 2010. CITY HALL 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIPORNIA 43241-1910 (209) 333-6701 (209) 333.6807 FAX March 3, 2011 CITY OF LODI CITY ATTORNEY'S 0FFICB (D Ms. Osha Meserve Soluri Meserve 1822 21" Street, Sub 202 Sacramento, California 95811 Re. Comments on Mitigated Negative declaration South Hutchins Annaxatlon Dear Ms. Meserve: D. STEPHEN SCHWABAU£R City Attorney JANICE D. MAGDICH Deputy City Attorney Thank you for your comments on the South Hutchins Initial Study and Draft lNiligated Negative Declaration (981ND"). Your concerns seem to primarily focus an a belief that the IS/ND faits to establish a connection between the Lodi General Plan, which serves as the projects program level EIR, and the IWND. I trust this Introduction and specific comments will help clarify the document. As you know, the proposed South Hutchins Annexation Project includes land that is incorporated into, and planned for development In Lodl's 2010 General Plan. Having been so included, all General Plan level environmental effects were of necessity, therein addressed. The General Plan EIR identifies itself as a program EIR as authorized by CEQA Guideline Section 15168, Subsection 15168(b) notes the advantages of program EIR's to include: (3) Avoid duplicative reconsideration of basic policy considerations... land) (5) allow reduction in paperwork. in short, a program EIR reduces the environmental consequences of environmental review Itself by avoiding multiple EIR's (section 15168[c]], simplifying later environmental review (section 15188[d] and allowing the City to consider broader programmatic issues at an early stage in the planning process. Section 15168(b)(10X4). The relationship between Lod!'s carolled program EIR and this subsequent document are explained in subsection 151Wc]. The Initial Study Is prepared to determine whether any of the CEQA Guideline section15162 conditions are present In addition, subsection 15168(4) explaais that `a program EIR can be used to simplify the task of preparing environmental documents on later parts of the program." As such, broader environmental Issues evaluated In Lades certified Program EIR need not be repeated. This rule Is especially applicable to your comments about loss of agricultural land which are addressed at len®Ih in the program level General Plan documents. Cmment; AGRICULTURAL LAND CONVERSION. Your comments indicate #sit the, project will convert agricultural land to urban uses. Final Mitigated Negative Declaration 47 March 3, 2011 Re: South Hutchins Annexation ISIND Page 2 Resoonag: As discussed above, the conversion of the project specific land was considered exhaustively in the Program Level General Plan EIR. Chapter 7 of the General Plan lays out a detailed conservation and mitigation plan and lays the CEQA foundation for all of the conclusions and requirements in the ISIND. Indeed, the General Plan EIR Agricultural land conversion mitigations are fully applied to this project. As such, the General Plan EIR's program Level analysis need not (and indeed for the resource based reasons discussed above should not) be repeated in the ISMD. Comment: AIR QUALITY. As discussed above, the air quality impacts of the project development were considered exhaustively in the Program Level General Plan EIR. Chapter 7 of the General Plan lays out a detailed Air Quality mitigation plan and lays the CEQA foundation for all of the conclusions and requirements in the ISIND. Indeed, the San Joaquin Valley Air Pollution Control District standards are fully considered and applied to this project and were Imposed on the project. In sum, program level analysis need not (and indeed for the resource based reasons discussed above should not) be repeated in the ISIND. Comme : GREENHOUSE GAS EMISSIONS. Your comment suggests that therewill be unavoidable green house gas impacts associated with the project and that the project requirements will be unenforceable Response: Your letter cites no evidence or facts to establish a significant environmental effect. As such, no rebuttal is offered here, other than the observation that the Program Level General Plan and IS/ND fully address the issue. Moreover, contrary to your assertions, the City is fully confident in its ability to enforce its imposed mitigation measures and to assess its mitigation measures as fully laid out in Chapter 7 of its certified General Plan. Comment: TRAFFIC. Your comment suggests that the methodology of the traffic study was flawed. However, a dispute over methodology does not support a CEQA claim, where, as here, the Agency uses a reasonable methodology. (Association of Irritated Residents v. County of Madera (2003) 107 CaLApp.4t' 4383.) As indicated in the attached responses of the City's traffic engineer and public works director, the traffic study was prepared using industry standard assumptions approve by the Institute of Transportation Engineers Recommended Practice, Trip Generation Handbook and Caltrans staff's longstanding previous practice. As such, the City is satisfied that its traffic study supports the documents conclusions. rely, D. STEPHEN SCHWABAUER City Attorney DSSIpn J:NCANC11T\C-unityDtvelopment\L-Moserve-S HUtCLinnannar.doc Final Mitigated Negative Declaration 48 CITY COUNCIL CITY OF L O D I BOB JOHNSON, Mayor JOANNE MOUNCE, PUBLIC WORKS DEPARTMENT Mayor Aro Tempore CITY HALL, 221 WEST PINE STREET l P.O. BOX LARRY 0. HANSEN 3006 PHIL KATZAKIAH LODI, CALIFORNIA 9$241.1910 ALAN NAKANISHI TELEPHONE (209) 333-6708 I FAX (209) 333-6710 EMAIL pwdept@Iodi.gov http:llwww.ladi.gov March 1, 2011 Attention: Steve Schwabauer KONRADT BARTLAM City Manager RANDI JOHL, City Clerk o. STEPHEN SCHWABAUER, City Attorney F. WALLY SANDELIN, Public Works Director Subject: Comments on Mitigated Negative Declaration — TrafFc/Transk South Hutchins Annexation As requested, the Public Works Department has responded to the comments from Osha Meserve for item "D. The Project WIi Result in Potentially Significant Traffic Impacts". The responses to the comments are described below. Po 6 - Item 'D" (first bullet]: o The MND did in fact rely on a detailed traffic study from the April 2010 General Plan. The projected traffic generation of this project conformed to the April 2014 GP land use assumptions and no projects have materialized which would change those assumptions. This project is fully supported by the April 2010 program level GP Traffic Study. Pa S -_ Item _°D° (aegond bullet): • The pass -by assumptions are based on the Institute of Transportation Engineers Recommended Practice, Trip Generation Handbook. The MND included Table 16-2 on page 167, showing the Restaurant, Bank and Shopping Center categories pass -by percentages of 43, 47 and 34 percent, respectively. However, to provide a more conservative analysis, the AM -PM Peak Hour Trip Generation was based on a pass -by percentage of 25 percent, based on Caltrans staffs recommendations on previous projects. Pa 6 - Itl m "D" third bullet): * The MND did not assume any reduction in Medical -Office and General Office Building trip generations. See Table 113-2 on page 167 for results. Pp 6 - Item 'D" (orth pullet): ■ ICF Intemational, on behalf of the City of Lodi, prepared and published a Draft Initial Study/Mitigated Negative Declaration for the Harney Lane Interim Improvements Project (SCH#2010072040). This project would improve the Harney Lane interchange to maintain the level of service (LDS) at level D or better and assure acceptable operating conditions of the interchange until and beyond 2016. The City has received the encroachment permit from Caltrans and begun construction of the Harney Lane Interim Improvements Project, The South Hutchins Annexation Project will be required to pay for their fair share of the estimated $1.4 million improvements based on their impact to the Hamey LanelState Route 99 interchange. Final Mitigated Negative Declaration 49 Pc 6 - Item V' [fifth bullet]. ■ The project is sufficient in each of these aspects of the parking areas as specified in the GP Policy CD -P5. ❑ GP Policy CD -P5 - Parking areas should be: • 'Located in locations less visible from the sidewalk -behind buildings and away from the street edge." ■ "Sized and located to take advantage of shared parking opportunities." ■ "Accommodating to pedestrians and bicycle traffic with pedestrian - only pathways through parking areas." Pa 6- item "D" (second paragraph) ■ You indicated that the development impact fee is not quantified. This is incorrect; the City of Lodi's impact fee program is fully delineated in a detailed Fee program entitled 'City of Lodi Development Impact Fee Study" prepared for the city by Nolte and Associates and Angus McDonald & Associates, dated August, 1991, a copy of which is on fife with the city clerk. P - Item "D" nd gar An r s onse Jo in lu ding "f asible miti ation for the design of the Prosect was not considered and should be required.": • The MND requires the project proponent to pay for a transit study to determine the required modifications to the existing transit service. After the transit study is completed, with City Council's approval, City staff will amend the Short Range Transit Plan (SRTP). Based on the GP, T -P27, the City will ensure the project proponent provides the needed transit facilities to serve the development and provide all needed facilities andlor contribute a fair share for improvements not covered by other funding sources. • Based on GP, T -P33, City will require the new development to provide transit improvements where appropriate and feasible, including direct pedestrian access to transit stops, bus turnouts and shelters, and local streets with adequate width to accommodate buses. If you have any questions about this letter, or if you'd like to discuss this matter, please don't hesitate to contact me at the address or phone number listed above. The City would appreciate prompt response concerning this matter. AF. F. Wally Sandelin V Public Works Director Final Mitigated Negative Declaration 50 Staff -initiated Text Changes to Draft IS The following corrections have been made to the Draft Initial Study/Mitigated Negative Declaration text. These staff -initiated text changes update information presented in the Draft IS. These changes do not alter any of the analysis or conclusions presented in the Draft IS. Text deletions are shown with st-Fiketh-r-ough, and additions are shown with underline. Page 21: 1.13 - PUBLIC ACTIONS AND APPROVALS REQUIRED This Environmental impact Repo Mitigated Negative Declaration will be used by the following jurisdictions and agencies when deciding whether to grant the following discretionary actions: ■ City of Lodi: Annexation/Pre-Zone Change/Tentative Parcel Map and Site Plan and Architecture Review and Approval ■ City of Lodi: Development Plan and Infrastructure Master Plan approval ■ LAFCO: Annexation approval (Municipal Plan of Services, County of San Joaquin Detachment, etc.). CEQA Guidelines Section 15152 (Section 21083.3) allows a Negative Declaration to be adopted when an Environmental Impact Report (EIR) has previously been prepared for a program, policy, plan or ordinance, and a later project consistent with that program or other action will not result in any significant effects which were not examined in that previous EIR. In order to tier upon an EIR, the later project must be consistent with the general plan and zoning of the applicable City or county. The Negative Declaration must clearly state that it is being tiered upon a previous EIR, reference that EIR, and state where a copy of the EIR can be examined. This section of the Guidelines applies equally to a mitigated Negative Declaration. Of course, M potential significant effects that were not examined in the previous EIR must be avoided or completely mitigated if a mitigated Negative Declaration is to be adopted. Findings -- In addition to the findings required of a mitigated Negative Declaration pursuant to Sections 21080 and 21064.5, Office of Planning_ and Research recommends that the Lead Agency find that: 1. The project is consistent with the program, policy, plan or ordinance for which the previous EIR was prepared; 2. The project is consistent with the general plan and zoning of the applicable city or county; and 3. The project, as revised or mitigated, will not result in any significant effects which were not examined in the previous EIR. The proposed Mitigated Negative Declaration tiers of the City of Lodi General Plan 2010 and General Plan EIR 2010, which serve as the project's program level EIR. The proposed South Final Mitigated Negative Declaration 51 Hutchins Annexation Project includes land that is incorporated into, and planned for development in Lodi's 2010 General Plan. Having been so included, all General Plan level environmental effects were of necessity, therein addressed. Mitigation measures required by the General Plan apply to this project. The proposed Mitigated Negative Declaration supplements the previous General Plan EIR with the necessary information, in the form of additional miti - ag tion measures to fully address any negative environmental impacts that could occur due to the project. As a tiered document, the Initial Stud. /gated Negative Declaration for the project relies, in part, on the General Plan 2010 and General Plan EIR 2010, for: 1) A discussion of general background and setting information for environmental topic areas; 2) Overall growth -related issues, land uses, level of service related to traffic; 3) Issues that were evaluated in sufficient detail in the 2010 General Plan EIR, for which there are no significant new information or changes in circumstances that would require further analysis; 4) Analysis of long-term cumulative impacts. This Tiered Initial Stud., analyzes the potential site-specific and localized impacts of the project. As the analysis demonstrates, there are no new significant impacts. Because there are no new significant impacts identified there are no new alternatives to the project that need be examined and therefore, the previous alternatives analysis is sufficient. Additionally, because there are no new significant impacts identified, and there are no new projects in the area of this project, the cumulative impacts remain the same. Thus, the information contained in this Subsequent Mitigated Negative Declaration is sufficient to meet the requirements of CEQA Guidelines Section 15163. IMPACTS AND MITIGATION MEASURES Based on the analysis presented in the Tiered IS/Mitigated Negative Declaration, it was determined that this project would not result in any significant impacts that cannot be mitigated to less than significant levels or are not sufficiently addressed by the General Plan 2010 and General Plan EIR 2010. As such, project -specific mitigation measures are have been proposed to address the proposed project's impacts. Final Mitigated Negative Declaration 52 MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SOUTH HUTCHINS ANNEXATION PROJECT STATE CLEARINGHOUSE #2010112055 City of Lodi 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 February 2011 --2-- Responsibility Date Compliance MITIGATION MEASURE Initiation of Monitoring for Verification Performance Completed Mitigation Fre uency of Compliance Criteria AESTHETICS 1. Pursuant to Chapter 17.81 of the Lodi Municipal Code, the applicant A Minimum Through out City Staff Conditions of shall submit detailed site plan and architectural elevations for review requirement to application approval and approval by the City of Lodi Planning Commission. The said process the process, and once plans shall illustrate the design details and make specific reference to project approved to those features that meet the provisions of Chapter 17.33 Planed ensure Development District (PD) including, but not limited, to the compliance with following: conditions of approval i. A building height of no more than sixty (60) feet or three (3) stories in height. Exceptions can be made for structures such as towers, spires, cupolas, chimneys, flagpoles, monuments, scenery lofts, and other similar structures and necessary mechanical appurtenances covering not more than 10 percent of the ground area covered by the structures and extending no more than 25 feet above the height limit. ii. All mechanical equipment, including all roof mounted equipment such as satellite dishes or any other communications devices, shall be fully screened from ground -level view within 150 feet of the property, from public and private property, including developed or undeveloped properties. Exceptional may be made for solar equipments. iii. Ground mounted mechanical equipment shall be screened by solid masonry wall with solid metal gates. iv. Outdoor refuse containers shall be located in trash enclosures, which shall be constructed of solid masonry walls with solid gates, which meet the access, size, and location standards provided by the refuse collection service, and shall comply with the following standards: a. Trash enclosures storing containers with a cumulative capacity of one cubic yard shall be constructed with decorative masonry walls with solid metal doors. The exterior shall be compatible with the design of the main building. b. A minimum 8 ft -by -10 ft -wide thickened concrete paving --2-- MITIGATION MEASURE Initiation of Mitigation Monitoring Fre uency Responsibility for Verification of Compliance Performance Criteria Date Compliance Completed section shall be provided in front the enclosure gates. 2. The applicant shall submit a detailed landscaping plan to the Community Development Department for review and approval and make specific reference to those landscaping details that meet the provisions of the City of Lodi Public Works Department requirements including but not limited to the following: i. The Project shall provide 1 shade tree for each 4 parking spaces, which must be planted within the parking lot end stall islands, tree wells, and perimeters planters to maximize shade on the paved areas. ii. The Project shall provide one tree for every 500 sq. ft of open space. iii. A landscape plan shall be submitted and implemented which demonstrates that 50 percent of the parking lot will be shaded within 10 years. iv. All landscaped areas adjoining parking and drive area(s) are to bordered by a 6 -inch continuous vertical concrete curbing, with exceptions to allow curb breaks to comply with Stormwater Runoff Management Program. 3. The applicant shall submit site lighting plan to the Community Development Department as part of a SPARC application for review and approval. The said plan shall include, but not be limited to, the following design features: i. Full -cutoff lighting fixtures to direct lighting to the specific location intended for illumination (e.g., roads, walkways, or parking lot) and to minimize stray light spillover into adjacent residential areas, sensitive biological habitat, and other light sensitive receptors; ii. Appropriate intensity of lighting to provide safety and security while minimizing light pollution and energy consumption; and shielding of direct lighting within parking areas, sensitive biological habitat, and other light-sensitive receptors through site configuration, grading, lighting design, or barriers such as earthen berms, walls, or landscaping. iii. A photometric exterior lighting plan and fixture specification -3- MITIGATION MEASURE Initiation of Mitigation Monitoring Fre uency Responsibility for Verification of Compliance Performance Criteria Date Compliance Completed shall be submitted for review and approval of the Community development Director. Said plans and specification shall address the following: a. The plans shall demonstrate that lighting fixtures on the building and grounds shall be designed and installed so as to contain light on the subject property and not spill over onto adjacent private properties or public rights-of-way. b. The equivalent of one (1) foot-candle of illumination shall be maintained throughout the parking area. c. All parking light fixtures shall be a maximum of twenty- five 25 feet in height. d. All fixtures shall be consistent throughout the center. -4- MITIGATION MEASURE Initiation of Mitigation Monitoring Fre uency Responsibility for Verification of Compliance Performance Criteria Date Compliance Completed AGRICULTURAL RESOURCES 1. Prior to issuance of a grading permit for any area of the Project site Prior to issuance Once, prior to City Staff, Conditions of that includes prime agricultural soils, the affected landowner(s) shall of a building issuance of a site Project Approval secure agricultural conservation easement in perpetuity at rate of one permit for site disturbance proponent 1:1 (acreage converted/easement secured) in the northern San Joaquin disturbance County area, excluding areas designated as nature or areas already secured as agricultural easements. The said easement shall be designated by the State as Prime Farmland. In addition, the location, size and terms of the easement shall be approved by the City of Lodi City Manager or designee. 2. The applicant shall inform and notify prospective buyers in writing, prior to purchase, about existing and on-going agricultural activities in the immediate area in the form of a disclosure statement. The notifications shall disclose that the Project site is located in an agricultural area subject to ground and aerial applications of chemical and early morning or nighttime farm operations which may create noise, dust, etcetera. The language and format of such notification shall be reviewed and approved by the City Community Development Department prior to recordation of final map(s). Each disclosure statement shall be acknowledged with the signature of each prospective owner. Additionally, each prospective owner shall also be notified of the City of Lodi and the County of San Joaquin Right -to - Farm Ordinance. -5- -6- Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed AIR QUALITY 1. The Project proponent shall prepared an Air Impact Assessment (AIA) Prior to issuance Ongoing, Project proponent A condition for study for review and approval by the San Joaquin Valley Air Pollution of any building throughout issuance of a Control District. The said AIA shall be completed and submitted prior to permit construction building permit issuance of any building permit for the project include grade and site clearance permits. 2. The City shall not issue a building permit for grading, clearing or Prior to issuance Ongoing, Project proponent A condition for construction of the proposed Project until the applicant obtains grading of any building throughout issuance of a and building permits from the San Joaquin Valley Air Control District. permit construction building permit 3. Construction of the proposed Project shall comply with all applicable Prior to issuance Ongoing, Project proponent A condition for regulations specified in the San Joaquin Valley Air Pollution Control of any building throughout issuance of a District Regulation VIII (Fugitive Dust Rules), including, but not limited permit construction building permit to, compliance with the following mitigation measures: i. Visible Dust Emissions (VDE) from construction, demolition, excavation or other earthmoving activities related to the Project shall be limited to 20% opacity or less, as defined in Rule 8011, Appendix A. ii. Pre -water all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and phase earthmoving. iii. Apply water, chemical/organic stabilizer/suppressant, or vegetative ground cover to all disturbed areas, including unpaved roads. iv. Restrict vehicular access to the disturbance area during periods of inactivity. V. Apply water or chemical/organic stabilizers/suppressants, construct wind barriers and/or cover exposed potentially dust - generating materials. vi. When materials are transported off-site, stabilize and cover all materials to be transported and maintain six inches of freeboard space from the top of the container. -6- -7- Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed vii. Remove carryout and trackout of soil materials on a daily basis unless it extends more than 50 feet from site; carryout and trackout extending more than 50 feet from the site shall be removed immediately. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. If the Project would involve more than 150 construction vehicle trips per day onto the public street, additional restrictions specified in Section 5.8 of Rule 8041 shall apply. viii. Traffic speeds on unpaved roads shall be limited to 15 mph. 4. During construction, all grading activities shall cease during periods of Ongoing, Ongoing, Project A condition for high winds (i.e., greater than 30 mph). To assure compliance with this throughout throughout proponent, onsite issuance of a measure, grading activities are subject to periodic inspections by City construction construction project manager, building permit staff. contractors, etc. 5. Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. 6. Trucks and other construction vehicles shall not park, queue and/or idle at the Project site or in the adjoining public rights-of-way before 7:00 AM or after 10 PM, in accordance with the permitted hours of construction stated in the City of Lodi Municipal Code. 7. Disturbed areas designated for landscaping shall be prepared as soon as possible after completion of construction activities. 8. Areas of the construction site that will remain inactive for three months or longer following clearing, grubbing and/or grading shall receive appropriate BMP treatments (e.g., revegetation, mulching, covering with tarps, etc.) to prevent fugitive dust generation. 9. All exposed soil or material stockpiles that will not be used within 3 days shall be enclosed, covered, or watered twice daily, or shall be stabilized with approved nontoxic chemical soil binders at a rate to be determined by the on-site construction supervisor. 10. Unpaved access roads shall be stabilized via frequent watering, non-toxic chemical stabilization, temporary paving, or equivalent measures at a rate to be determined by the on-site construction supervisor. 11. Trucks transporting materials to and from the site shall allow for at least -7- -8- Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). Alternatively, trucks transporting materials shall be covered. 12. Where visible soil material is tracked onto adjacent public paved roads, the paved roads shall be swept and debris shall be returned to the construction site or transported off site for disposal. 13. Wheel washers, dirt knock -off grates/mats, or equivalent measures shall be installed within the construction site where vehicles exit unpaved roads onto paved roads. 14. Diesel powered construction equipment shall be maintained in accordance with manufacturer's requirements, and shall be retrofitted with diesel particulate filters where available and practicable. 15. Heavy duty diesel trucks and gasoline powered equipment shall be turned off if idling is anticipated to last for more than 5 minutes. 16. Where feasible, the construction contractor shall use alternatively fueled construction equipment, such as electric or natural gas -powered equipment or biofuel. 17. Heavy construction equipment shall use low NOx diesel fuel to the extent that it is readily available at the time of construction. 18. The construction contractor shall develop a construction traffic management plan and submit it to the City for review and approval. The said plan shall include the following: i. Scheduling heavy-duty truck deliveries to avoid peak traffic periods ii. Consolidating truck deliveries 19. The construction contractor shall maintain signage along the construction perimeter with the name and telephone number of the individual in charge of implementing the construction emissions mitigation plan, and with the telephone number of the SJVAPCD's complaint line. The contractor's representative shall maintain a log of any public complaints and corrective actions taken to resolve complaints. 20. During grading and site preparation activities, exposed soil areas shall be stabilized via frequent watering, non-toxic chemical stabilization, or -8- -9- Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed equivalent measures at a rate to be determined by the on-site construction supervisor. 21. During windy days when fugitive dust can be observed leaving the construction site, additional applications of water shall be required at a rate to be determined by the onsite construction supervisor. 22. Prior to issuance of a building permit, the Project proponent shall prepare and submit health risk screening analysis using Project -specific information pursuant to the requirements of the San Joaquin Valley Air Control District. 23. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, excluding the winter season. 24. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 25. A11 visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 26. All vehicle speeds on unpaved roads shall be limited to 15 mph. 27. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. GREENHOUSE GAS EMISSIONS 1. The proposed Projects shall be required, prior to final City approval, to Prior to issuance Prior to issuance Prior to issuance Prior to issuance implement a GHG reduction program that uses Transportation Systems of a building of a building of a building of a building Management, building design for energy conservation, water permit for site permit for site permit for site permit for site conservation techniques, solid waste reduction techniques or other green grading, grading, grading, grading, technologies to demonstrate compliance with the City's goal reduction disturbance disturbance disturbance disturbance in GHG emissions compared to normal operations. -9- -10- Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed BIOLOGICAL RESOURCES 1. Swainson's Hawk Foraging Habitat. The Project applicant shall ensure Prior to issuance Prior to issuance Prior to issuance Prior to issuance that mitigation for loss of Swainson's hawk foraging habitat within San of a building of a building of a building of a building Joaquin County occurs through one of the following measures. Should permit for site permit for site permit for site permit for site measures b, c, or d be implemented, the Project applicant shall ensure grading, grading, grading, grading, that an appropriate number of acres (as approved by the California disturbance disturbance disturbance disturbance Department of Fish and Game [CDFG]) of agricultural land, annual grasslands, or other suitable raptor foraging habitat are preserved off site at a habitat preservation bank within San Joaquin County at a 1 to 1 (habitat lost to preserved) ratio. i. The Project Site is located within the boundaries of the San Joaquin County Multi -species Habitat Conservation and Open Space Plan (SJMSCP). Half of the site is an abandoned golf driving range located in a "no -pay" zone and half is within the "agricultural habitat pay zone." As such, the Project applicant could seek coverage under the SJMSCP. Additionally, the Project applicant would be required to conduct "Incidental Take Minimization Measures," that for this site would likely include preconstruction surveys for nesting birds. or ii. Purchase of mitigation credits at an approved CDFG mitigation bank that is within San Joaquin County. iii. Payment of a mitigation fee to a habitat development and management company, through a negotiated agreement between said company, the Project applicant, and CDFG. The lands must be within 10 miles of the nearest Swainson's hawk nest (consistent with CDFG guidelines). iv. Purchase of conservation easements or fee title in San Joaquin County. This mitigation must occur within 10 miles of the nearest Swainson's hawk nest, unless otherwise approved by CDFG (consistent with CDFG Guidelines). -10- -11 Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed 2. Nesting Birds. Between March 1 and September 15, the Project Prior to issuance Prior to issuance Prior to issuance Prior to issuance applicant shall have a qualified biologist conduct nest surveys no more of a building of a building of a building of a building than 30 days prior to any demolition/construction or ground disturbing permit for site permit for site permit for site permit for site activities that are within 500 feet of potential nest trees or suitable grading, grading, grading, grading, nesting habitat (i.e., trees, grassland). A pre -construction survey shall be disturbance disturbance disturbance disturbance submitted to CDFG that includes, at a minimum: (1) a description of the methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited and persons contacted; and (2) a map showing the location(s) of any bird nests observed on the Project site. If no active nests of Migratory Bird Treaty Act (MBTA) covered species are identified, then no further mitigation is required. If active nests of protected bird species are identified in the focused nest surveys, the Project applicant shall take the following steps. i. The Project applicant, in consultation with San Joaquin County and CDFG, shall delay construction in the vicinity of active nest sites during the breeding season (March 1 through September 15) while the nest is occupied with adults and/or young. A qualified biologist shall monitor any occupied nest to determine when the nest is no longer used. If the construction cannot be delayed, avoidance measures shall include the establishment of a non- disturbance buffer zone around the nest site. The size of the buffer zone shall be determined in consultation with the CDFG, but will be a minimum of 100 feet. The buffer zone shall be delineated with highly visible temporary construction fencing. ii. No intensive disturbance (e.g., heavy equipment operation associated with construction, or use of cranes) or other Project - related activities that could cause nest abandonment or forced fledging, shall be initiated within the established buffer zone of an active nest between March 1 and September 15. V. If construction activities are unavoidable within the buffer zone, the Project applicant shall retain a qualified biologist to monitor the nest site to determine if construction activities are disturbing the adult or young birds. If abandonment occurs, the biologist shall consult with CDFG or U.S. Fish and Wildlife Service (who monitor compliance with the MBTA) for the appropriate salvage measures. The Project applicant will be required to fund the full costs of the salvage measures. -11 -12- Responsibility Date MITIGATION MEASURE Initiation of Monitoring for Verification Performance Compliance Mitigation Fre uenc of Compliance Criteria Completed 3. Burrowing Owl. The Project proponent shall hire a qualified biologist to Prior to issuance Prior to issuance Prior to issuance Prior to issuance conduct a pre -construction burrowing owl survey. If nesting owls are of a building of a building of a building of a building found, no disturbance shall be allowed within 160 -feet of the active nest permit for site permit for site permit for site permit for site burrow between February 1 and August 31. Outside the nesting season, grading, grading, grading, grading, and/or upon confirmation by the qualified biologist, and in consultation disturbance disturbance disturbance disturbance with California Department of Fish and Game, that all young have fledged and left an active nest, burrowing owls present in the burrow shall be excluded from the burrow(s) by a qualified biologist through a passive relocation as outlined in the California Burrowing Owl Consortium's April 1993 Burrowing Owl Survey Protocol and Mitigation Guidelines. Once the burrows have been cleared, they must be hand -excavated and collapsed prior to Project construction. 4. Pre -Construction Survey. The Project proponent shall contact the San Prior to issuance Prior to issuance Prior to issuance Prior to issuance Joaquin County Council of Governments, Habitat Division, to schedule a of a building of a building of a building of a building pre -construction biological resources inventory survey. The said re- construction biological resources inventory survey shall occur 30 -days permit for site grading, permit for site grading, permit for site grading, permit for site grading, prior to issuance of a building permit. They City shall not issue a disturbance disturbance disturbance disturbance building permit for grading, clearing, staging or any form of permit that would allow site disturbance. The City shall only issue a building permit after it receives a signed ITMM from the San Joaquin County Council of Governments, Habitat Division authoring site disturbance. CULTURAL RESOURCES 1. If evidence of an archaeological site or other suspected historical Ongoing through Ongoing through Project Condition of resource as defined in CEQA Guidelines section 15064.5, including construction construction proponent, onsite approvals midden, that could conceal material remains (e.g., worked stone, fired construction clay vessels, faunal bone, hearths, storage pits, or burials) are discovered manager, during Project -related earth -moving activities, all ground -disturbing construction activity within 100 feet of the resources shall be halted and the City of workers Lodi shall notified within 24 hours of the discovery. The Project applicant shall hire a qualified archaeologist to assess the significance of the find. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) forms and filed with the Central California Information Center. If the resource is a historical resource or unique archaeological resource which cannot be avoided, a qualified archaeologist shall prepare a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the resource. -12- MITIGATION MEASURE Initiation of Mitigation Monitoring Fre uenc Responsibility for Verification of Compliance Performance Criteria Date Compliance Completed 2. Should paleontological resources be identified on the Project site during any ground disturbing activities related to the Project, all ground disturbing activities within 100 feet of the discovery shall cease and the City of Lodi shall be notified within 24 hours of the discovery. The Project applicant shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less -than -significant level. In considering any suggested mitigation proposed by the consulting paleontologist, the Project applicant shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, Project design, costs, specific plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the Project site while mitigation for paleontological resources is carried out. 3. If human remains (including disarticulated or cremated remains) are discovered at any Project construction sites during any phase of construction, all ground -disturbing activity within 100 feet of the resources shall be halted and the City of Lodi and the San Joaquin County coroner shall be notified immediately. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The Project applicant shall retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The Project applicant will be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of state law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section 5097.98. The Project applicant shall implement approved mitigation before the resumption of ground -disturbing activities within 100 feet of where the remains were discovered. -13- MITIGATION MEASURE Initiation of Mitigation Monitoring Fre uenc Responsibility for Verification of Compliance Performance Criteria Date Compliance Completed GEOLOGY AND SOIL 1. Each Project's conditions of approval shall require the Project be Prior to issuance During City staff Standard designed according to the most recent California Building Code and of a building permitting condition for UBC Seismic Zone 3 requirements, applicable local codes, and be in permit, during process building permit accordance with the generally accepted standard for geotechnical practice permitting issuance for seismic design in Northern California. process 2. Prior to the approval of grading plans, the Project applicant shall perform design -level geotechnical investigations and incorporate all recommendations into the Project construction documents and grading plans. 3. Prior to issuance of a grading or development permits, the Project proponent(s) shall obtain a National Pollutant Discharge Elimination System (NPDES) permit from the California Water Resources Control Board and a copy of the permit shall be provided to the City prior to or along with the first building permit submitted for the Project. 4. Prior to issuance of grading or development permits, applicant(s) shall retain a qualified geologic/geotechnical consultant to prepare detailed, design -level geotechnical investigations including an appropriate number of borings, test pits, trenches and laboratory testing to address final Project design issues. Such geotechnical reports shall be appropriately detailed to address final Project construction requirements and should conform to applicable San Joaquin County and City of Lodi standards. Where appropriate, specific measures shall be depicted on plans prepared by the geotechnical engineer of record or on plan sheets included with final grading plans to reduce any soil hazards to an acceptable level, including the potential for landslides, shrink -swell potential, liquefaction, differential settlement and other similar hazards. -14- -15- Responsibility for Date MITIGATION MEASURE Initiation of Monitoring Verification of Performance Compliance Mitigation Frequency Compliance Criteria Completed HYDROLOGY AND WATER QUALITY 1. Prior to issuance of a grading or development permits, to the Prior to issuance of During City staff Condition of satisfaction of the City of Lodi Public Works Department, the a building permit permitting approval Project proponent shall provide a private retention basin either processes onsite on adjacent properties to serve the proposed annexation Project. The said retention basin shall be designed with the following criteria: i. A 48-hour, 100 -year storm, total rainfall of 4.3 inches capacity shall be provided; ii. Fencing shall be provided around the basin greater than 3 feet in depth; iii. Adequate all weather access shall be provided; iv. Any additional requirements placed as a condition of approval shall be incorporated into the design. 2. To the satisfaction of the City of Lodi Public Works Department, as part of the design process, a detailed drainage master plan shall be developed to identify collection and storage facilities, phasing and other appurtenances needed to insure that the system meets the requirements of the City drainage system. 3. To the satisfaction of the City of Lodi Public Works Department, the proposed retention basin shall include no outflow facility to help manage nuisance flows. Other water quality control features shall be incorporated into the Project design to improve water quality to the satisfaction of the City of Lodi Public Works Department. 4. The Project proponent shall prepare a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the construction period of the Project. The SWPPP must be maintained on-site and made available to City inspectors and/or RWQCB staff upon request. The SWPPP shall include specific and detailed BMPs designed to mitigate construction -related pollutants. At minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with storm water. The SWPPP shall specify ro erl designed centralized storage -15- -16- Responsibility for Date MITIGATION MEASURE Initiation of Monitoring Verification of Performance Compliance Mitigation Frequency Compliance Criteria Completed areas that keep these materials out of the rain. NOISE 1. Construction activities shall be limited to the hours of 7:00 a.m. Prior to Ongoing construction Compliance with to 10:00 p.m. Monday through Sunday, consistent with the construction begins manager, onsite the City's Noise City's Ordinance. manager, project Ordinance 2. All noise -producing Project equipment and vehicles using proponent internal combustion engines shall be equipped with mufflers, air -inlet silencers where appropriate, and any other shrouds, shields, or other noise -reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc -welders, air compressors) must be equipped with shrouds and noise control features that are readily available for that type of equipment. 3. All mobile and fixed noise -producing equipment used on the Project that is regulated for noise output by a local, state, or federal agency shall comply with such regulation while in the course of Project activity. 4. Electrically powered equipment shall be used instead of pneumatic or internal combustion—powered equipment, where feasible. 5. Mobile noise -generating equipment and machinery shall be shut off when not in use. 6. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise -sensitive receptors. 7. Construction site and access road speed limits shall be established and enforced during the construction period. 8. The use of noise -producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only. 9. A site-specific noise study shall be performed for future individual land use proposals within the Project area by a qualified acoustic specialist. If measured noise levels exceed applicable City of Lodi standards, then noise reduction -16- -17 Responsibility for Date MITIGATION MEASURE Initiation of Monitoring Verification of Performance Compliance Mitigation Frequency Compliance Criteria Completed measures shall be incorporated into the individual Project design to ensure consistency with the general plan noise standards. Noise reduction measures could include, but would not be limited to, noise barriers and site orientation for outdoor spaces and sound rated building constructions for indoor spaces. In addition the acoustic report shall demonstrate how noise from the Project will conform to the noise level requirements for stationary noise sources as outlined in City's General Plan and other applicable noise standards. PUBLIC SERVICES 1. The Project shall pay all applicable impact fees according to Prior to issuance of Ongoing through City staff and project the rules and regulations in effect at the time of development of a building permit phases proponent each phase. for each phase TRANSPORTATION/TRAFFIC 1. The Project shall be subject to Development Impact fees as Prior to issuance of Prior to issuance City staff outlined in City's Municipal Code Section 15.64.030. a building permit of a building for each phase permit for eachphase 2. The Project proponent shall pay for a transit study to determine whether or not modifications to the existing transit services are required. 3. The project proponent shall install bus turnout improvements as required by the Transportation Manager. -17 -18- Responsibility for Date MITIGATION MEASURE Initiation of Monitoring Verification of Performance Compliance Mitigation Frequency Compliance Criteria Completed UTILITIES AND SERVICE SYSTEMS 1. Extend a sanitary sewer to the Project area that can provide adequate capacity to serve future development. Sewer improvement plans shall be designed to City of Lodi engineering standards. The applicant shall obtain any permits and clearances from appropriate biological resource agencies that may be required, including any CEQA determinations. 2. To the satisfaction of the City of Lodi Public Works Department, a detailed engineering analysis for the development of a stormwater collection system that will serve the Project shall be prepared. Said analysis shall include sizing of the pipe network and sizing of the retention basin. 3. Prior to building permit issuance, the applicant shall submit landscape and irrigation plans for the common open space areas for the review and approval of the Community Development Director. Said plans shall incorporate, at a minimum, the following water -conservation measures: Extensive use of native plant materials; Low water -demand plants; Minimum use of lawn or, when used, installation of warm season grasses; Grouped plants of similar water demand to reduce over -irrigation of low water demand plants; Extensive use of mulch in all landscaped areas to improve the soil's water -holding capacity; Drip irrigation, soil moisture sensors, and automatic irrigation systems. 4. Extend water distribution pipelines to and within the Project area that can provide adequate capacity to serve future development. Water distribution pipeline improvement plans shall be designed to City of Lodi engineering e�ering standards. The applicant shall obtain any permits and clearances from gppropriate biological resource agencies that may be required, including any CEOA determinations. 5. Project shall be required to pay a fee based on the proportionate share of the costs of designing ling and constructing a water treatment system for treatment of water acquired by the City from the Woodbridge Irrigation District. Landowner shall -18- MITIGATION MEASURE Initiation of Mitigation Monitoring Frequency Responsibility for Verification of Compliance Performance Criteria Date Compliance Completed pay the fee required under the fee program to be developed bX the City, but in no event later that when water service connection for each office and commercial unit is provided. -19- IP - i tII i t■ ■ �.�\Y" _ ■r ■■�1 1�■�I 1 ■� - ■ ,� �A���II��' r � ; , ■� ■ ■ City Of Lodi i r ���■tl � I�I. N ME p- I oal Oro I■ 12I• I��II■ IN MEN!!" J.� 11II 1 PL . ■ II 716■. lINbroil 111■ � �r�r±�-::�:>����.:���r �� � F.-vilm i. aft '�Yr�■— — I I 1� + ''�.:� �� WOR I� Parcels .■ City $phere Qf Influence 1 i I I Low Density Rcsidential Medium DerisiLy Residential - High Density Residential Commercial - DriwriWwn Mixed Use - Mixed Use Center Mixed Use Corridor Business Park Cyffir_e Public/Quasi-public CollegOSchool (Placeholder) Industrial � Open Space Armstrong Road Agricultural Cluster Study Area Urban Reserve ------- Sphere of Influence (2008) --- City Limits (2008) 1J x JO utia 10 } RW w.} - Rhasc � I'h�ase II F— Phase III Urban Reserve ------- Sphere of Influence (2008) —. — City Limits (2008) i�affe: O San Joaquin Local Agency Formation Commission 509 West Weber Avenue Stockton, CA 95203 209-468-3198 FAX 209-468-3199 JUSTIFICATION OF PROPOSAL Please complete the following information to process an application under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000: (Indicate N/A if Not Applicable) ......................................................................................................................................................... SHORT TITLE OF THE PROPOSAL: TYPE OF PROPOSAL F-1Sphere of Influence Amendment E]District Formation El City Incorporation ❑ Consolidation ❑ Sphere of Influence Update ❑ Annexation ❑ Detachment ❑ Addition of Services ❑ District Dissolution ❑ Reorganization (involving an Annexation and Detachment(s)) AGENCY CHANGES RESULTING FROM THIS PROPOSAL Agency or Agencies gaining territory: Agency or Agencies losing territory: NOTIFICATION Please indicate the names, addresses and telephone numbers of all Applicants, Applicant's Agents, and all affected Agencies who are to receive the hearing notice and the Executive Officer's Report: Name Mailing Address Telephone (Attach a separate sheet if necessary.) Justification of Proposal Revised: 6-3-10 Page 1 of 3 PROJECT INFORMATION Please provide project -related information for the following questions: 1. Do the proposed boundaries create an island of non -agency territory? 2. Do the proposed boundaries split lines of assessment or ownership? 3. Does the proposal involve public rights-of-way or easements? 4. Does the proposal involve public land or land assessed by the State? 5. Does any part of the proposal involve land under a Williamson Act Contract or Farmland Security Zone? 6. Does any part of the proposal involve land with a Wildlife/Habitat Easement or Agricultural Land Conservation Easement? []Yes [] No []Yes [] No []Yes [] No []Yes [] No []Yes [] No []Yes [] No 7. List the affected Assessor Parcel Numbers, Owners of record and Parcel Sizes: APN Owner Acreage (Attach a separate sheet if necessary) 8. Physical Location of Proposal: (Street or Road, distance from and name of Cross Street, quadrant of City) I• Has an application been filed for an underlying project (such as Development Plan, Conditional Use Permit, or Tentative Subdivision Map)? [ ] Yes [ ] No If Yes, please attach a Project Site Plan or Tentative Subdivision Map. If No, please provide an estimate of when development will occur: 10. List those public services or facilities which will be provided to the affected territory as a result of the proposed action: 11. Indicate which of these services or facilities will require main line extensions or facility up- grades in order to serve the affected territory: 12. Provide any other justification that will assist the Commission in reviewing the merits of this request. (Attach a separate sheet if necessary) Justification of Proposal Revised: 6-3-10 Page 2 of 3 INDEMNIFICATION AGREEMENT As part of this application, applicant and real property in interest, if different, agreed to defend, indemnify, hold harmless, and release the San Joaquin Local Agency Formation Commission, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of the above, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney's fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the San Joaquin Local Agency Formation Commission, its agents, officers, attorneys, or employees. Executed at APPLICANT Signature: _ Title: California, on , 20_. REAL PARTY IN INTEREST (If different from Applicant) Signature: Title: SUBMITTALS In order for this application to be processed, the following information needs to be provided: 1. Two copies of this Justification of Proposal, completed and signed with original signatures; 2. Five prints of a full-scale proposal map showing the affected territory and its relationship to the affected jurisdiction (Refer to Guide for Preparation): 3. Five copies of an 8.5" x 11" or 11" x 17" reduction of the proposal map; 4. Three copies of a metes and bounds description of the affected territory; 5. One certified copy of the City Council and/or Special District Board Resolution of Application, or a petition making application to LAFCo (as appropriate); 6. Written permission from each affected property owner (or signature form); 7. One copy of the project environmental document (One Compact Disc if more than 25 pages); 8. One copy of the project Notice of Determination; 9. Three 8.5" x 11" copies of the Vicinity Map (if not included on the proposal map); 10. One copy of the plan for providing services along with a schematic diagram of water, sewer and storm drainage systems (refer to Government Code Section 56653); 11. One copy of the Pre -Zoning map or description (as required by Section 56375); 12. One copy of the Statement of Open Space (Ag) Land Conversion (refer to Section 56377); 13. One Copy of the Statement of Timely Availability of Water Supplies (refer to Section 56668(k); 14. One copy of the Statement of Fair Share Housing Needs (if residential land uses are included in the proposal) (refer to Section 56668(1)); 15. One copy of the project design (site plan, development plan, or subdivision map); 16. One copy of the Residential Entitlement matrix form (if residential land uses are included in the proposal); and 17. Filing and processing fees in accordance with the LAFCo Fee Schedule and the State Board of Equalization Fee Schedule. Additional information may be required during staff review of the proposal. CERTIFICATION The undersigned hereby certifies that all LAFCo filing requirements will be met and that the statements made in this application are complete and accurate to the best of my knowledge. (Signature) Print or Type Name: Date: Daytime Telephone: Justification of Proposal Revised: 6-3-10 Page 3 of 3 GUIDE TO PREPARATION OF DESCRIPTONS AND MAPS FOR THE SAN JOAQUIN LOCAL AGENCY FORMATION COMMISSION The following guide will assist the preparer of the Descriptions and Maps, which accompany proposals filed with the Local Agency Formation Commission. These are general requirements and may not be complete. The guide is a composite of the requirements of the San Joaquin County Surveyor's Office, the State Board of Equalization and statutory requirements. Exceptions may be allowed in certain cases at the discretion of the County Surveyor. DESCRIPTIONS: The Description shall be substantially in the form of the attached Exhibit "A". 2. All Descriptions shall be metes and bounds. 3. Descriptions of contiguous annexations mast make reference to the point of joining, contiguous courses, and point of departure with the existing city limits or district boundary. MAPS: Maps should be 8'/2" x 11" whenever possible. If a larger map is necessary, an 8'/2" x 11" reduction shall also be submitted. 2. Maps must be drawn to scale and must include a north arrow and scale designation. 3. The point of beginning of the legal description must be shown on the map. 4. Existing boundaries and proposed boundaries should contrast with each other and other lines on the map. 5. Maps should show all existing streets, roads, and highways within and adjacent to the proposed annexation, together with the current names of these thoroughfares. 6. Maps should also show all property lines within and immediately adjacent to the proposed annexation; and, if a tentative subdivision map also has been approved for the proposed annexation site, the future lot lines and street names should be shown. 7. A separate 8'/2" x 11" vicinity map shall be submitted. Updated: January 3, 2003 EXHIBIT "A" (Date) DESCRIPTION OF PROPOSED TO THE (Name of Annexation) (City/District/CSA) San Joaquin County, California (Preamble) (Body of Description — Metes and Bounds) Containing acres, more or less. Updated: January 3, 2003 a OFFICES {2j 4EVLLS bE,m 5E' If " �+.*•�•1' - -s; a. _ = ,�. '. i�T, r.1' '# r�'Yf•Y•'•I'I:.f p,I' fl ifi�f1fTiFT3lTI 'I ` _[ 11111111i1J111n+T[l[Iff111T11'fT+Tfl 'JM1p`1T1'III[#Ill'-I' I = ���TI�TT�I+� ]111J11 O I r 41 4 !.l l I u jf�i a r � r� _ � � .L 1 _ Co fTilll[Ttf I r ICS UK] i 41V I I tIlI1 141��IlfII�I�_1.1��J:' fir' wf LAB ; I i IIIII Iall:l'Il:lrl�.r" r} FExcs I, ) tipc+lt s SS_I04 Ss V ?j I.I.I'_J Ili I;ll2.i. ' Ili llltII Il!li.i..l II i 5—..tii ai+,.yvrutilxay.� jar 13_Jp_ir" 1.'Y.FIm, i4 S..1 W air ��* um T M E SUMMARY J� ailLli`'ILiri . 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CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: March 9, 2011 APPLICATION NO: Mitigated Negative Declaration: 10 -MND -03 RELATED APPLICATIONS: Vesting Tentative Parcel Map: 10-P-01 San Joaquin County SPARC: 10 -SP -04 This is a County zoning designation that is intended to Annexation: 10 -AX -01 Agriculture (A/G). Prezoning: 10-Z-01 REQUEST: Request for Planning Commission to make recommendation urban development to the City Council to certify the proposed Mitigated Negative Declaration 10 -MND -03 as adequate environmental documentation for the proposed project (Applicant: Michael Carouba, on behalf of FF LP. File Numbers 10 -MND -03). LOCATION: 13333 North West Lane (APN: 058-100-03) Lodi, CA 95240 APPLICANT: Michael Carouba, on behalf of FF LP P. O. Box 2663 Lodi, CA 95241 PROPERTY OWNER: FF LP 540 South Mills Avenue Lodi, CA 95242-3428 STAFF RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing, review the proposed project, consider public testimony, and adopt the following resolutions: (1) Resolution recommending the City Council certify the proposed Mitigated Negative Declaration (SCH# 2010112055) as an adequate environmental document for the proposed project. PROJECT/AREA DESCRIPTION General Plan Designation City of Lodi N/A Project site is within the City's Sphere of Influence, San Joaquin County Commercial Planning Area and City's General Plan April 2010 San Joaquin County General This is a County zoning designation that is intended to Agriculture (A/G). retain in agriculture those areas planned for future urban development Zoning Designation. 1CIty of Lodi N/A N/A San Joaquin County AG -40 AU -40, Agricultural -Urban Reserve, minimum of 20 acres. POLICY SETTINGS: CEQA Guidelines Section 15152 (Section 21083.3) allows a Negative Declaration to be adopted when an Environmental Impact Report (EIR) has previously been prepared for a program, policy, plan or ordinance, and a later project consistent with that program or other action will not result in any significant effects which were not examined in that previous EIR. In order to tier upon an EIR, the later project must be consistent with the general plan and zoning of the applicable city or county. The Negative Declaration must clearly state that it is being tiered upon a previous EIR, reference that EIR, and state where a copy of the EIR can be examined. The proposed Mitigated Negative Declaration tiers of the City of Lodi General Plan 2010 and General Plan EIR 2010 (SCH#2009022075), which serve as the project's program level EIR. The proposed South Hutchins Annexation Project involves land that is incorporated into, and planned for development in Lodi's 2010 General Plan. Having been so included, all General Plan level environmental effects were of necessity, therein addressed. As a tiered document, the Initial Study/Mitigated Negative Declaration for the project relies, in part, on the General Plan 2010 and General Plan EIR 2010, for: 1) A discussion of general background and setting information for environmental topic areas; 2) Overall growth -related issues, land uses, level of service related to traffic; 3) Issues that were evaluated in sufficient detail in the 2010 General Plan EIR, for which there are no significant new information or changes in circumstances that would require further analysis; 4) Analysis of long-term cumulative impacts. This Tiered Initial Study/Mitigated Negative Declaration analyzes the potential site-specific and localized impacts of the project. As the analysis demonstrates, there are no new significant impacts. Because there are no new significant impacts identified there are no new alternatives to the project that need be examined and therefore, the previous analysis is sufficient. Additionally, because there are no new significant impacts identified, the cumulative impacts remain the same. Thus, the information contained in this subsequent Mitigated Negative Declaration is sufficient to meet the requirements of CEQA Guidelines Section 15163. PROJECT SITE CHARACTERISTICS The Project site consists of one (1) parcel covering a total of approximately 30 acres (Assessors Parcel Number 058-100-03). Principal vehicular access to the site is provided along Harney Lane while regional access is provided via SR 99. An existing private drive extending south from Harney lane serves as vehicle access to an abandoned golf driving range. Other unpaved access roads occur throughout the site principally to serve existing agricultural operations on the eastern portion of the property. The existing on-site uses include a strawberry field (15 acres) planted seasonally on the eastern half of the Project site and an abandoned golf driving range (15 acres) on the western half of the Project site. Existing structures on the Project site include a strawberry stand on the northeastern corner and two freight containers. In addition, there are two temporary storage containers placed onsite. The abandoned golf driving range (15 acres) previously contained pavement and 'club house', which have been removed as of May of 2009. The project site is located in northern San Joaquin County, within the southwest portion of the City of Lodi Planning Area, immediately south of the City's southern boundary (along Harney Lane) and west of State Route (SR) 99. 2 The adjacent zoning designations and land uses are as follows: North: PD -4, residences varying from Low Density to High Density Residences and neighborhood (commercial) shopping, contains a variety of small stores. This area is within the City limits. South: AG -40, General Agriculture (County designation). Harney Lane borders the southern most part of the limits on this part of City. West: AG -40, General Agriculture (County designation). Agricultural uses are located west of the project site. East: AG -40, General Agriculture (County designation). Agricultural uses are located west of the project site. Three staff reports have been prepared for the Planning Commission's review and consideration of the project applications: Certification of the Proposed Mitigated Negative Declaration; Annexation and prezoning; and Vesting Tentative Parcel Map and SPARC. SUMMARY An Initial Study was prepared for this project in accordance with the California Environmental Quality Act and the CEQA Guidelines. The study revealed that the project, as proposed, could have a significant impact on the environment; however mitigation measures have been recommended by staff to reduce the possible impacts to a less -than -significant level. Staff received written comments and have responded to those comments. The comments have been incorporated into the Draft Mitigated Negative Declaration. The Draft Mitigated Negative Declaration and the Response to Comment document constitute the Final Draft Mitigated Negative Declaration, and the Planning Commission will consider the analysis and conclusions in these documents prior to taking action on the proposed project for Annexation, Prezone, Vesting Tentative Parcel Map, and Site Plan and Architecture Review and approval. The Final Draft Mitigated Negative Declaration (Draft Mitigated Negative Declaration and Response to Comments document) is attached herein as Attachment 4 and will be presented to the City Council for certification, prior to the Council taking action on these items. Therefore, staff recommends the Commission recommend the City Council adopt the attached Mitigated Negative Declaration and Mitigation Monitoring Program contained therein. ANALYSIS The South Hutchins Annexation Project area is located south of the current southern Lodi City limits (along Harney Lane), on the southwest corner of West Lane and Harney lane. It is within San Joaquin County. As part of the proposed project, the applicant intends to annex the 30 acre project area into the City of Lodi. Annexation of lands into the City requires review and approval by the Local Agency Formation Commission (LAFCO). LAFCO will consider applications for annexation, upon a request of the City Council. Land must be within the City's Sphere of Influence (SOI) in order to be annexed. A Sphere of Influence is a planning tool adopted and used by LAFCO to designate the future boundary and service area for a City. The proposed site project area is within the City of Lodi Sphere of Influence (adopted by LAFCO on August 24, 2004). The City's General Plan 2010 designates the project vicinity as within annexation Phase I. In accordance with the California Environmental Quality Act and the CEQA Guidelines, the City, as the lead agency, prepared An Initial Study and Mitigated Negative Declaration and published a Notice of Availability (NOA) announcing that South Hutchins Annexation Project Draft Mitigated Negative Declaration had been prepared and is available to the public for review. The NOA was submitted to the State Clearinghouse, distributed to local agencies, sent to interested persons, posted with the County Clerk's office, mailed all property owners of record within a 300 -foot radius of the project site, posted on the site and published in the Lodi News Sentinel. The 30 -day window for persons to review and comment on the draft Mitigated Negative Declaration commenced on Monday, November 29, 2010 and concluded on Thursday, December 30, 2010. During the public review period, six comments were received on the proposed Mitigated Negative Declaration [State Clearing House, State Department of Conservation, State Department of Transpiration (Caltrans) District 10, San Joaquin County Council of Governments (SJCOG), Inc., San Joaquin Valley Air Pollution Control District and from Citizens for Open Government (COG)]. State Department of Conservation District 10 letter indicates that a traffic impact study (TIS) is required for this project in order to determine the proposed project's near-term and long- term impacts to State facilities. The City feels this issue has already been addressed via a previous Mitigated Negative Declaration (Harney Lane Interim improvements Project SCH#2010072040). The San Joaquin Valley Air Pollution Control District requires the applicant to prepare health risk assessment in accordance with the district's regulations, preparation of Air Impact Analysis (AIA) prior to building permit issuance and adherence to other applicable regulations. These requirements have been added into the project Mitigation Monitoring Program as well as to the SPARC conditions of approval. The San Joaquin County Council of Governments (SJCOG, Inc) notes that the project site is within a habitat zone and that appropriate steps need to be taken prior to site disturbance. These standard requirements have been noted and are part of the Mitigation Monitoring Program. State Department of Conservation notes that the project site is located within a prime farmland and recommends that the project proponent secure permanent agricultural conservation easements on land of at least equal quality and size as partial compensation for the direct loss of agricultural land. Staff notes the City's General Plan and the proposed Mitigated Negative Declaration require the applicant to secure a permanent agricultural easement on land of at least equal quality and size at a ratio of 1:1 (one lost/one secured) in northern San Joaquin Valley. Citizens for Open Government (COG) expressed concerns related to the relationship between the Lodi General Plan and the Mitigated Negative Declaration and issues related to permanent loss of agricultural land, degradation of air quality, greenhouse gas emissions, and traffic. Staff notes that the proposed IS/Mitigated Negative Declaration tiers of the Lodi General Plan 2010 and General Plan EIR 2010, which exhaustively deal with the issues Citizens for Open Government. Transportation (Chapter 5) element of the General Plan outlines Level of Service (LOS) and lay out a set of policies that mitigate traffic impacts to levels of less than significant. Conservation (Chapter 7) element of the General Plan detailed conservation and agricultural mitigation plan, and air quality mitigation plan. The final comment is from the State Clearinghouse, which acknowledges that the City complied with the State Clearinghouse review requirements for draft environmental documents pursuant to the California Environmental Quality Act. In preparing the Mitigated Negative Declaration, staff independently reviewed, evaluated, and exercised judgment over the project and the project's environmental impacts. The Final Mitigated Negative Declaration (MND), attached as Exhibit 5, identifies the areas where the project may have a potential effect on the environment. All areas listed as potentially significant have been mitigated to levels that are no longer significant. Please refer to the Mitigation Monitoring Reporting Program (MMRP) attached as Exhibit 3 for a summary of all the identified mitigation measures. Based on concerns identified in the IS/Draft MND and comments received during the public review period, the following topics were identified for evaluation within the MND: 4 • Aesthetics • Air Quality • Greenhouse Gas Emissions • Biological Resources • Cultural Resources • Geology and Soils • Hydrology and Water Quality • Noise Public Services • Transportation/traffic • Utilities and Service Systems Based on the analysis presented in the Tiered IS/Mitigated Negative Declaration, it was determined that this project would not result in any significant impacts that cannot be mitigated to less than significant levels or are not sufficiently addressed by the General Plan 2010 and General Plan EIR 2010. As such, project -specific mitigation measures are have been proposed to address the proposed project's impacts. City staff has determined that the incorporation of Mitigation Measures and project design and/or compliance with appropriate regulations and standards would reduce environmental impacts to a less than significant level. The proposed Negative Declaration determined that project -specific and cumulative air quality and noise impacts could be mitigated to less than significant through adoption of the proposed Mitigated Negative Declaration. These mitigation measures have been included into the attached resolution as minimum requirements for approval. Based on this determination, the City is proposing that a "mitigated negative declaration" be adopted for the proposed project. The initial study contains details regarding the location and construction of the project, as well as the environmental information that was prepared as a part of the environmental review for the project. PUBLIC HEARING NOTICE: Legal Notice for the proposed Mitigated Negative Declaration was published on February 26, 2011. 32 public hearing notices were sent to all property owners of record within a 300 -foot radius of the subject property as required by California State Law §65091 (a) 3. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the Requests with Alternate Conditions • Deny the Requests • Continue the Requests Respectfully Submitted, Immanuel Bereket Associate Planner Concur Konradt Bartlam Community Development Director ATTACHMENTS: 1. Aerial Map 2. Vicinity Map 3. Mitigation Monitoring Reporting Program 4. Draft Mitigated Negative Declaration 5. Final Mitigated Negative Declaration DRAFT 'INITIAL STUDY MITIGATED NEGATIVE DECLARATION SOUTH.HUTCHINS:-STREET ANNEXATION rKy'.0-f L-ptil O:IrrAu Kity -F) vqwp* w. a lyi6p 1: - M!W�6�- OW i�fn N Wcd , MR52*1 b 6) vAv.w. Draft Initial Study / Mitigated Negative Declaration for the South Hutchins Street Annexation Project is available for viewing at: . City Hall . Lodi Public Library . City of Lodi Environmental Document Web Page: htti)://www.lodi.gov/com dev/EIRs.html South Hutchins Street Annex Project - Michael Carouba (FF LP) Annexation and Zoning Designations Item 3 e CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: March 9, 2011 APPLICATION NO: Annexation: Prezoning: 10 -AX -01 10-Z-01 RELATED APPLICATIONS: Mitigated Negative Declaration: 10 -MND -03 Vesting Tentative Parcel Map: 10-P-01 SPARC: 10 -SP -04 REQUEST: Request for Planning Commission to make a recommendation to the City Council to annex 30 -acres of land south of the City limits for Commercial Development purposes; and request to Prezone associated with the annexation. (Applicant: Michael Carouba, on behalf of FFLP. File Numbers, 10 -AX -01 and 10-Z-01). LOCATION: APPLICANT: PROPERTY OWNER: 13333 North West Lane (APN: 058-100-03) Lodi, CA 95240 Michael Carouba, on behalf of FF LP P. O. Box 2663 Lodi, CA 95241 FF LP 540 South Mills Avenue Lodi, CA 95242-3428 STAFF RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing, review the proposed project, consider public testimony, and adopt the following resolutions: (1) Resolution recommending that the City Council adopt a resolution of application to the San Joaquin Local Agency Formation Commission (LAFCO) to annex approximately 30 acres of property located on the southwest corner of North West Lane and Harney Lane to the City of Lodi, and simultaneously detach the property from the Woodbridge Fire Protection District; (2) Resolution recommending the City Council approve the request of Michael Carouba, on behalf of FF LP, for prezoning of 30 acres located on the souththwest corner of North West Lane and Harney Lane to Planned Development (PD) 43; and PROJECT/AREA DESCRIPTION General Plan Designation City of Lodi Project site is within the City's Sphere of Influence, Commercial Planning Area and City's General Plan April 2010 San Joaquin County General This is a County zoning designation that is intended to Agriculture (A/G). retain in agriculture those areas planned for future urban development JACommunity Development\Planning\STAFF REPORTS\2011\ Zoning Designation. ICity of Lodi N/A N/A San Joaquin County AG -40 AU -40, Agricultural -Urban Reserve, minimum of 20 acres. PROJECT SITE CHARACTERISTICS The Project site consists of one (1) parcel covering a total of approximately 30 acres (Assessors Parcel Number 058-100-03). Principal vehicular access to the site is provided along Harney Lane while regional access is provided via SR 99. An existing private drive extending south from Harney lane serves as vehicle access to an abandoned golf driving range. Other unpaved access roads occur throughout the site principally to serve existing agricultural operations on the eastern portion of the property. The existing on-site uses include a strawberry field (15 acres) planted seasonally on the eastern half of the Project site and an abandoned golf driving range (15 acres) on the western half of the Project site. Existing structures on the Project site include a strawberry stand on the northeastern corner and two freight containers. In addition, there are two temporary storage containers placed onsite. The abandoned golf driving range (15 acres) previously contained pavement and 'club house', which have been removed as of May of 2009. The project site is located in northern San Joaquin County, within the southwest portion of the City of Lodi Planning Area, immediately south of the City's southern boundary (along Harney Lane) and west of State Route (SR) 99. The adjacent zoning designations and land uses are as follows: North: PD -4, residences varying from Low Density to High Density Residences and neighborhood (commercial) shopping, contains a variety of small stores. This area is within the City limits. South: AG -40, General Agriculture (County designation). Harney Lane borders the southern most part of the limits on this part of City. West: AG -40, General Agriculture (County designation). Agricultural uses are located west of the project site. East: AG -40, General Agriculture (County designation). Agricultural uses are located west of the project site. SUMMARY The proposed project would annex 30 acres of farm land from San Joaquin County into the City of Lodi, which could accommodate development of commercial retail, medical and general offices. A breakdown of the project is provided in Table A and the land use plan is included as Attachment 3. To implement the proposed project, the applicant has submitted applications for certification of a Mitigated Negative Declaration, Annexation, Prezoning, Vesting Tentative Parcel Map and Site Plan and Architecture Review (SPARC). The City's General Plan Priority Map classifies the site in Phase I for annexation (see Attachment 4). This staff report and attached resolutions deal with Annexation and Prezoning elements of the project. A separate staff report for Vesting Tentative Parcel Map and Site Plan and Architecture Review (SPARC) has been prepared. JACommunity Development\Planning\STAFF REPORTS\2011\ 2 Table A: Project Land Uses Land Uses Area (sq A.) Retail 71,100 Major retail store 27,250 3naller a°cessDry commercial stores 5,000 Bank 71,100 Tata/ 14350 Restaurant 6,400 (240 segs) Tota/ 4400 Office Office 111,200 Medid Office with laboratory 68,000 Tata/ VY,,2W While the project site is located outside the City of Lodi's jurisdictional boundary, it is within the City's Sphere of Influence. The project site has been given a land use designation in the City's General Plan 2010, and the goals and policies of the General Plan are applicable. The current General Plan designation for the project site is Commercial. The Commercial land use designation is applied to commercial retail and office uses. Detailed plans for development within the project area (including proposed setbacks, height, and architectural design of the proposed structures) are part of the applicant's request. PROJECT DESCRIPTION The project, if approved, could accommodate development of a retail center, a restaurant, an office park, and related infrastructure. Implementation of the proposed project would result in the development of up to 103,350 square feet of commercial/retail use, including a 5,000 square foot bank, 6,400 square feet of restaurant space, and 179,200 square feet of office space, including a 68,000 square foot medical office building with a laboratory (3,000 square feet). The proposed Project, if approved, would also provide a total of 1,501 parking spaces, 147 more parking spaces than is required by the parking regulations set forth in the Lodi Municipal Code. Infrastructure. The South Hutchins Annexation Project land use plan includes a proposed street network and retention basin system to accommodate development of the proposed uses. At this stage of the project, the street network and basin design of the project reflect the City standards and the direction that has been provided by City Engineering staff. The Public Works Department has reviewed the plans, and recommends that an Infrastructure Master Plan (Water, Recycled Water, and Sewer) be prepared by the applicant prior to approval of final development plans. The project requires the following discretionary actions: • City of Lodi: Annexation/Pre-Zone Change/Tentative Parcel Map and Site Plan and Architecture Review and Approval (SPARC) • Annexation approval (Municipal Plan of Services, County of San Joaquin Detachment, etc.) BACKGROUND The Community Development Department originally received an application for annexation and general plan amendment for the South Hutchins Annexation Project in December 2007. Following JACommunity DevelopmentOmning\STAFF REPORTS\2011\ 3 preliminary work, the applicant was advised to withdraw his application until the City completed its General Plan update process. The City's concern was that the General Plan and associated land use analysis should be done as part of a City wide document (General Plan) as opposed to a project level analysis, which may or may not be in synch with the General Plan Environmental Analysis, the General Plan document itself and land use patterns. The applicant stated his intention to proceed with the application because he had prospective tenants with whom he had entered agreement and he couldn't withdraw his application. Per the applicant's request to process his application, the City determined that an Environmental Impact Report (EIR) would be the appropriate CEQA analysis for this project, and that action on the development applications (annexation, general plan amendment, planned development rezone, tentative parcel map and SPARC approvals) would all be subject to simultaneous review by the Planning Commission for recommendation to the City Council. The City released a Request for Proposal (RFP) and hired a PBS&J consulting firm and commenced to process the application. In August of 2009, the applicant informed the City of his desire to postpone the project due to termination of his contract with his prospective tenants; however, he stated his desire to continue with the project once the City completed updating its General Plan, which occurred in April of 2010. In August of 2010, the applicant submitted revised applications for Annexation, Planned Development Prezone, and SPARC. Upon review of the applications and the materials submitted in support of the applications, it was determined a Mitigated Negative Declaration would be the appropriate CEQA analysis for this project. Because most of the land use and infrastructure analyses (water, wastewater, circulation, land uses, and traffic) related to the project site and this project in particular have been completed by the General Plan 2010 and General Plan EIR 2010, it was determined Mitigated Negative Declaration would be CEQA analysis for this project to address project -specific concerns related to environmental issues. Staff also determined that a Tentative Parcel Map was required for the project and that action on the development applications would all be subject to simultaneous review by the Planning Commission for recommendation to the City Council. ANALYSIS Annexation The South Hutchins Annexation Project area is located south of the current southern Lodi City limit (along Harney Lane), on the southwest corner of West Lane and Harney lane. It is within San Joaquin County. As part of the proposed project, the applicant intends to annex the 30 acre project area into the City of Lodi. Annexation of lands into the City requires review and approval by the Local Agency Formation Commission (LAFCO). LAFCO will consider applications for annexation, upon a request of the City Council. Lands must be within the City's Sphere of Influence (SOI) in order to be annexed. A Sphere of Influence is a planning tool adopted and used by LAFCO to designate the future boundary and service area for a City. The proposed side project area is within the City of Lodi Sphere of Influence (latest adopted by LAFCO on January 2008 -Attachment 3). The City's General Plan 2010 designates the project vicinity as within annexation Phase I (Attachment 4). In addition, the General Plan designates the project area as Commercial and the proposed development is consistent with the Commercial land use designation of the General Plan, which encourages a variety of commercial, medical and professional office uses within a cohesive development plan. The General Plan anticipated development of the areas designated Commercial within the lifetime of the current plan, by 2030. The project area to be annexed is within the SOI, consistent with the General Plan designation, and would provide for contiguous urban growth, and a logical extension of public services; therefore, staff recommends the Planning Commission recommend that the City Council request LAFCO approval of the South Hutchins Annexation project area. JACommunity Development\Planning\STAFF REPORTS\2011\ 4 Prezoning Properties must have a City zoning code designation prior to annexation. Upon annexation, the proposed City of Lodi designation of Planned Development would supercede the County designations, and development will be subject to the development standards and regulations of the City. The South Hutchins Annexation project includes a request for a pre -zoning designation to change the zone from the County zone of AG -40 to a City zone of Planned Development (PD), with underlying uses as indicated on the South Hutchins Annexation project land use plan. Pursuant to the State of California Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, annexing cities are required to prezone land. The City proposes a Planed Development (PD) Zone that would designate the project area with City of Lodi zoning classification. In accordance with State law, zoning designations must be consistent with General Plan designations. The proposed PD Zone would be consistent with the existing General Plan designation of Commercial because the proposed development (medical and professional offices, retail stores, band and restaurant uses) are consistent with land uses permitted under the City's General Plan designations. A PD zone is intended to allow deviations from standard zoning requirements in an effort to create a development pattern specifically designed for a project site that allows a more desirable and efficient use of land. In accordance with Municipal Code Section 17.33, a PD zone is intended to accommodate various types of development, including residential developments, public, quasi - public, commercial, retail, office, schools, and open space. Prior to the approval of any PD zone, a development plan must be reviewed and recommended for approval by the Planning Commission. Once approved, the project site must be developed in accordance with the development plan (See discussion on the next staff report under SPARC). In accordance with City standards and requirements, the City proposes a Planned Development 43 zoning district for the annexation project. The proposed Planned Development 43 (PD) zone would allow for the development of 179,200 sq. ft. of general and medical offices, 103,350 sq. ft. of commercial (retail) spaces, 6,400 sq. ft. of office space, and related infrastructure as per the South Hutchins Annexation development plan. The proposed development project would provide well designed commercial and office space that would employ up to 1,125 persons. Basic development standards for the proposed PD -43 zoning district have been outlined in the attached solution. These standards relate to setback, bulk, landscaping requirements, parking ratio etc. Staff feels the proposed project, as conditioned, would be a great addition to the City and recommends approval of the proposed prezoning to Planned Development with the implementation of the South Hutchins Annexation project development plan. ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration was prepared for this project. In preparing the Mitigated Negative Declaration, staff independently reviewed, evaluated, and exercised judgment over the project and the project's environmental impacts. The Final Mitigated Negative Declaration (MND) identifies the areas where the project may have a potential effect on the environment and recommends Mitigation Monitoring and Reporting Program. In accordance with CEQA, the Draft MND was circulated to responsible agencies as well as the State Clearinghouse for review. Also, the Draft MND was available for public review (it has been available at City Hall, at the Library, and on the City website. Notices were posted and published on November 22, 2010. The required 30 day review period for this project commenced on Monday, November 29, 2010 and concluded on Thursday, December 30, 2010. A total of six comments were received. At the conclusion of the public review period, all written comments were responded to and incorporated in the Final MND. JACommunity Development\Planning\STAFF REPORTS\2011\ 5 PUBLIC HEARING NOTICE: Legal Notice for the proposed project was published on February 26, 2011. 32 public hearing notices were sent for both meetings to all property owners of record within a 300 -foot radius of the subject property as required by California State Law §65091 (a) 3. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the Requests with Alternate Conditions • Deny the Requests • Continue the Requests Respectfully Submitted, Concur Immanuel Bereket Konradt Bartlam Associate Planner Community Development Director ATTACHMENTS: 1. Lodi Sphere of Influence 2. General Plan Map 3. General Plan Annexation Priority Map 4. Draft Resolutions JACommunity DevelopmentOmning\STAFF REPORTS\2011\ 6 South Hutchins Street Annex Project Vesting Parcel Map & Site Plan & Architectural Review Item 3 f CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: March 9, 2011 APPLICATION NO: Vesting Tentative Parcel Map: 10-P-01 SPARC: 10 -SP -04 RELATED APPLICATIONS: Mitigated Negative Declaration: 10 -MND -03 Annexation: 10 -AX -01 Prezoning: 10-Z-01 REQUEST: Request for a Vesting Tentative Map to divide one parcel into nine commercial lots; and Site Plan and Architecture Review of the proposed Phase I of the proposed development (Applicant: Michael Carouba, on behalf of FFLP. File Numbers 10-P-01 and 09 -SP -04) LOCATION: 13333 North West Lane (APN: 058-100-03) Lodi, CA 95240 APPLICANT: Michael Carouba, on behalf of FF LP P. O. Box 2663 Lodi, CA 95241 PROPERTY OWNER: FF LP 540 South Mills Avenue Lodi, CA 95242-3428 STAFF RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing, review the proposed project, consider public testimony, and adopt the following resolutions: (1) Approve a Vesting Tentative Map, based on findings, and subject to conditions. (2) Approve the site plan and architecture of the proposed Phase I development, subject to the conditions listed in the attached resolution. PROJECT DESCRIPTION The proposed project is phased project. Phase I would see development of a medical facility, associated parking lot, and related infrastructure. Consistent with the City's requirements for a vesting map, the applicant is concurrently processing an application for architectural review of proposed development plans for the medical facility, and related infrastructure to be constructed on lots with the boundaries of the map. The project would return to the Planning Commission for future development plan review. Public infrastructure improvements covered by this Vesting Tentative Parcel Map application include the installation of street frontages along the southern and western boundaries, dedication for widening of Harney Lane; installation of bicycle and pedestrian path of travel and utilities necessary to provide service to the site. PROJECT/AREA DESCRIPTION The adjacent zoning designations and land uses are as follows: North: PDA residences varying from Low Density to High Density Residences and neighborhood (commercial) shopping, contains a variety of small stores. This area is within the City limits. JACommunity Development\Planning\STAFF REPORTS\2011\ South: AG -40, General Agriculture (County designation). Harney Lane borders the southern most part of the limits on this part of City. West: AG -40, General Agriculture (County designation). Agricultural uses are located west of the project site. East: AG -40, General Agriculture (County designation). Agricultural uses are located west of the project site. SUMMARY The application proposes Vesting Tentative Parcel Map (VTPM) to subdivide the single parcel into 9 various sized lots for the development of the proposed project. The project site is vacant and is within Lodi's Sphere of Influence. The development site is bounded on the north by Harney Lane, and on the east by West Lane, and to the south and west by the San Joaquin County. Public infrastructure improvements covered by this Vesting Tentative Parcel Map application include installation of street frontages along the southern and western boundaries, dedication for widening of Harney Lane; installation of bicycle and pedestrian path of travel and utilities necessary to provide service to the site. The project includes onsite retention basin, onsite parking and landscaping including the area around the site perimeter designated for drainage. As conditioned, the Vesting Tentative Map application can be found consistent with the City's General Plan and other applicable City plans and policies. Therefore, staff is recommending approval of the entitlements now before the Planning Commission as a recommendation to the City Council. BACKGROUND The City has received applications for a Vesting Tentative Map and architectural review as part of Prezoning and Annexation project, which, if approved, would allow the development of 289,950 square -feet medical and commercial buildings. The Planning Commission will be reviewing a Vesting Tentative Map and architectural review. The subject site is a relatively flat 30 -acre vacant parcel in the San Joaquin County jurisdiction. It is within the City's Sphere of Influence. The project site has been given a land use designation in the City's General Plan 2010, and the goals and policies of the General Plan are applicable. The current General Plan designation for the project site is Commercial. The Commercial land use designation is applied to commercial retail and office uses. Detailed plans for development within the project area (including proposed setbacks, height, and architectural design of the proposed structures) are part of the applicant's Site Plan and Architecture Review request. Upon review and approval, these standards will become binding standards for the Planned Development (PD -43) zone. ANALYSIS The application proposes Parcel Map to subdivide the single parcel into 9 various sized lots for the development of the proposed project. The project site is vacant and is within Lodi's Sphere of Influence and Urban Growth Boundary. The development site is bounded on the north by Harney Lane, and on the east by West Lane, and to the south and west by the San Joaquin County. The proposed parcel map submitted by the applicant has been submitted as a vesting map. Approval of a vesting tentative map confers a "vested right" to develop in substantial compliance with the ordinances, policies and standards in effect when the application is approved per Chapter 16.10 (Vesting Tentative Map) of the City's Subdivision regulations and Sections 66474.2 and 66498.1 of the California Government Code (Subdivision Map Act). As illustrated, the proposed Vesting Tentative Parcel Map would subdivide a 30 -acre site into 8 lots. The eight lots range in size between 1.5 and 5.88 acres. The City's Municipal Code JACommunity Development\Planning\STAFF REPORTS\2011\ 2 requires that all commercial parcels, including offices, to be sufficient in size so as to provide the setback areas, landscape, onsite parking and required easements. As proposed, the parcels meet the minimum lot size standard as well as meet dimensional and frontage standards contained in the Subdivision Regulations. Parcel 1, the largest lot at 5.88 acres, is slated for future development of medical office with an attached laboratory. Parcel No. 3 contains a large area on the southwest side of the property noted as a detention basin easement. Parcel 1, which is located at the southeast corner, is the only parcel currently under review for development. Project Phasing As illustrated in their phasing plan, the project is currently proposed to be completed in four phases of development. In an effort to work with the applicant on coordination of phasing the physical improvements, staff has outlined a minimum improvements required for Phase I development. Installation street improvements per City Standards, including, but not limited to, curb, gutter, sidewalk, streetlights, and street pavement must occur prior to completion of Phase I. In addition, roadways along southerly and westerly boundaries must occur prior to issuance of a Certificate of Occupancy for the Phase I building. Installation of these improvements would provide adequate access to the site, onsite parking and other essential needs for the building to function. The project must also make dedication for Harney Lane widening and install associated improvements. In addition, the project must also construct the onsite retention basin prior to issuance of a certificate of occupancy for the first building. All future development phases will be subject to review and approval by the Planning Commission. Access and Circulation The proposed subdivision provides several egress/ingress points along Harney Lane, West Lane and the new roads. These access points as dispersed at appropriate distance to provide maximum access to and from the site as well as not to interfere with local traffic. There will be a new traffic signal installed at West Lane and the new southerly road. These access points have been deemed sufficient. The City has developed a Circulation Master Plan for future development along its southern boundaries (Attachment 2). The Circulation Master Plan requires the project to provide road accesses along the western and southern boundaries (Attachment 1). The proposed Vesting Tentative Parcel Map shows construction of roads on southerly and westerly boundaries of the project site. Construction of these two roads are requirements of Phase I development. Project plans show the development of the collector roads consistent with the Circulation Master Plan. The Circulation Master Plan includes a variable street section for the Commercial Collector depending on the need for a center turn lane. For this subdivision, a center turn lane on the new westerly and southerly roads is not required until the development of the adjacent properties in the future at which time the street section would include two 12 foot travel lanes, two 6 foot bike lanes and one 12 foot center turn lane. Drainage and Utilities The proposed subdivision includes onsite retention basin and dedication for public utility easements throughout the parameters of the site. The 12 -ft dedications for utility easement has been reviewed by Electric Utility Department and have conditionally approved the project as proposed. In addition, the proposed retention basin appears sufficient for the project. However, its construction would have to meet the City's minimum requirements for 100 -year flood event. The proposed Vesting Tentative Parcel Map lot layout is shown in Attachment 1. The evaluation of this proposed Vesting Tentative Parcel Map has been based upon the JACommunity Development\Planning\STAFF REPORTS\2011\ applicable development standards within the City's General Plan and the City's Subdivision Ordinance. Staff's determination for recommending approval are based on the standards and guidelines as set forth in those documents. 1. The proposed map substantially conforms to the zoning regulations/development plan. Staff believes that the vesting tentative map's design and improvements closely follow applicable development standards. The proposed Vesting Tentative Parcel Map makes dedications for street widening, utilities, drainages and other required dedications. The timing and installation of these dedications are addressed in conditions of approval. Therefore, this finding can be made. The map is also consistent with the rezoning and pre -zoning of the property, which are simultaneous applications for this project. 2. The subdivision, together with its design and improvement, is consistent with the General Plan. As proposed, the subdivision is compatible with the objectives, policies, land uses, and programs specified in both the General Plan, the Municipal Code, Circulation Master Plan and Harney Lane Specific Plan. Therefore, this finding can be made. 3. The subdivision is physically suitable for the type and density of development. The City adopted its General Plan in April of 2010. The General Plan designates the project site as Commercial, which allows for medical and professional offices, retail, restaurant and other similar uses. The proposed uses and density are consistent with the General Plan and physically suitable for the site. In addition, conditions have been added to the approved Planned Development zoning district, and mitigation measures are included in the accompanying Mitigated Negative Declaration Monitoring Program to help minimize impacts on surrounding uses. The site is predominately flat and currently uses for agricultural purposes. 4. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision is designed to be served by the City's utilities and by the City's sewer treatment plant. As conditioned, the project will pay its fair share for impacts related to utilities, sewer capacity, traffic impacts and other fees applicable to new developments. The General Plan designates the property for Commercial uses. Subdivision of the property does not change this designation. The resulting parcels generally appear appropriate for such uses as commercial and medical offices, retail uses, banks and restaurant, which are commercial activities and uses. In addition, the Municipal Code does not specify a minimum lot size requirement for commercial properties. All commercial properties are required to provide onsite parking, as this project does. Therefore, all nine lots are consistent with lot size standards. The subdivision appears to be consistent with General Plan policies. As conditioned, it can be developed with commercial, without significant environmental effects. The map should be approved. Architectural Review: The current site plan and architecture review is limited to the medical facility. Future phases must be reviewed and approved by the Site Plan and Architecture Committee and/or the Planning Commission. This review is restricted to a three-story 65,000 sq. ft medical office JACommunity Development\Planning\STAFF REPORTS\2011\ 4 building with an associated lab of 3,000 sq. ft. on a 5.88 acre parcel. As illustrated, the parcel will have two frontages (along West Lane and a new road along the southern boundary). The proposed site layout maintains a minimum of 31 -ft setback for the proposed building along West Lane and 20 -ft setback along the southern property line. It places the parking in the front, between the structure and the roadway. Around the east side of the site, there is an access driveway proposed, along with additional parking. The trash enclosure and loading/unloading area are proposed to be located to the rear of the building, at the southern end of the site. The proposed architecture for the building is modern design. The building is three stories high with an arched portico that leads to a covered front entryway. A recessed tower element extends upward from the second story located at the center of the building. A large outdoor terrace is provided on the second story and false balconies are located on the third story overlooking the terrace. The exterior building finish proposed is smooth trowel red -colored stucco. The roof material is a medium brown clay tile. The window frames are dark brown with dusty blue -colored shutters. As an accent, bands of decorative glazed tile run horizontally in between stories and on the tower element. The arched portico, second story terrace, and recessed tower element provide depth to the building. The colors and materials enhance the building's character. Architectural treatment utilized on the front of the building is carried to the sides and rear of the building. The main entrance for the structure is proposed to be placed along the building's east elevation; this entrance would be delineated with a large overhead canopy that is proposed to extend out into the parking area and provide a covered shelter for people entering and exiting their vehicles. There is another public access door proposed along the north elevation; however, the applicant states that this would be primarily used for exiting, not entering the building. Off -Street Parking Requirements: In accordance with the City of Lodi Municipal Code (LMC) section 17.60.100, the parking requirement specified for a medical services office is one space per 200 square feet of floor area. The proposed building is 68,000 square feet, which would require 340 total spaces (5/1000). The project applicant has proposed 453 parking spaces on-site, which exceeds by 113 spaces above the requirement; therefore, the project is in compliance with LMC section 17.60.100 (B). In addition, the site plan and building design are conditioned to meet minimum mandatory requirements for nonresidential California Green Building Standards Code for planning and design, energy efficiency, water efficiency and conservation, material conservation, and resource efficiency. The City's Green Building Standards also require onsite bicycle parking, and permanent parking designations for low -emitting fuel efficient vehicles and carpool/can pool vehicles. Landscaping The applicant is dressing the area around the building and in the parking lot with landscaping. The landscape plan will be reviewed by the Planning Division Staff and a Landscape Maintenance Agreement will be required for the project. Most of the site landscaping has been proposed around the south and west sides of the building and around those perimeters. Landscaping is also proposed along the north side of the building and along the property frontage adjacent to Harney Lane. Total landscaping coverage proposed for the site is approximately 41 percent. The applicant is not requesting review of signage by the Planning Commission at this time. If signage is proposed for individual tenants in the future, a sign program would be required. A Condition of Approval is included requiring Planning Commission review of a master sign program for the project. JACommunity Development\Planning\STAFF REPORTS\2011\ ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration was prepared for this project. In preparing the Mitigated Negative Declaration, staff independently reviewed, evaluated, and exercised judgment over the project and the project's environmental impacts. The Final Mitigated Negative Declaration (MND) identifies the areas where the project may have a potential effect on the environment and recommends Mitigation Monitoring and Reporting Program. In accordance with CEQA, the Draft MND was circulated to responsible agencies as well as the State Clearinghouse for review. Also, the Draft MND was available for public review (it has been available at City Hall, at the Library, and on the City website. Notices were posted and published on November 22, 2010. The required 30 day review period for this project commenced on Monday, November 29, 2010 and concluded on Thursday, December 30, 2010. A total of six comments were received. At the conclusion of the public review period, all written comments were responded to and incorporated in the Final MND. PUBLIC HEARING NOTICE: Legal Notice for the proposed project was published on February 26, 2011. 32 public hearing notices were sent for both meetings to all property owners of record within a 300 -foot radius of the subject property as required by California State Law §65091 (a) 3. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the Requests with Alternate Conditions • Deny the Requests • Continue the Requests Respectfully Submitted, Concur Immanuel Bereket Konradt Bartlam Associate Planner Community Development Director ATTACHMENTS: 1.Vesting Tentative Parcel Map 2.Site Plan 3.Phasing Plan 4.Master Circulation Master Plan 5. Elevations 61andscape Plan 7.Draft Resolutions JACommunity Development\Planning\STAFF REPORTS\2011\ 6 P.C. RESOLUTION NO. 11- 07 A RESOLUTION OF THE CITY OF LODI PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT ENVIRONMENTAL ANALYSIS FOR THE SOUTH HUTCHINS ANNEXATION PROJECT, FOR WHICH AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, in July of 2010, the City of Lodi received an application from Michael Carouba, on behalf of Fink LL., to annex, develop, subdivide 30 -acre land and related development plans as shown on the submitted project plans and materials, located at 13333 N. West Lane, (APN: 058-100-03) Lodi CA; and WHEREAS, Michael Carouba, on behalf of Fink LL., (referred to as "applicant"), has presented substantial evidence which supports the application; and WHEREAS, the South Hutchins Annexation project analyzed under the Initial Study/Mitigated Negative Declaration consisted of a Annexation, Prezoning, Vesting Tentative Parcel Map, Site Plan and Architecture Review for Phase I of the proposed development, which consists of 103,350 square feet of commercial/retail use, 6,400 square feet of restaurant use, and 179,200 square feet of general and medical office space, and 3,000 square feet of laboratory space; and WHEREAS, the project has been slightly modified to address an agreement between the project applicant and project commenter Citizens for Open Government as follows: a. Fink shall identify and construct an electric car recharging station within the project. The station shall be reasonably accessible to electric cars; b) each building shall provide for, install and maintain bicycle racks for the use of employees and visitors to the businesses occupying the building; and, c) subject to the City of Lodi confirming in writing that this measure constitutes satisfaction with the Mitigation Measure, the easements required by Mitigation Measure AG 1 (MND, p. 40) shall be offered to the Central Valley Farmland Trust or equivalent non-profit organization, subject to the easements satisfying that organization's criteria for land accepted and held by the organization. WHEREAS, the Planning Commission finds that the Farmland Trust dedication measure constitutes satisfaction of the easements required by Mitigation Measure AG 1; and WHEREAS, the City prepared and adopted a General Plan 2010 and General Plan EIR 2010 (SCH#2009022075); and WHEREAS, the proposed Initial Study/Mitigated Negative Declaration tiers of off the General Plan 2010 and General Plan EIR 2010, which serve as the project's program level EIR; WHEREAS, the General Plan 2010 and General Plan EIR 2010 are available for public review at the Community Development Department, 221 West Pine Street, Lodi, CA 95240; and WHEREAS, the proposed tiered Initial Study/Mitigated Negative Declaration analyzes the potential site-specific and localized impacts of the project; and WHEREAS, the application is a "project" pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, prior to the adoption of this Resolution, the Community Development Department of the City of Lodi prepared an Initial Study and adopted a Mitigated Negative Declaration for the South Hutchins Annexation (Planning File No. 10 -MND -03) in accordance with the requirements of the California Environmental Quality Act of 1970, as amended, together with state and local guidelines implementing CEQA (collectively, "CEQA"); and WHEREAS, a Mitigated Negative Declaration was prepared pursuant to Section 15162 of CEQA; and WHEREAS, the Mitigated Negative Declaration was prepared and circulated for a 30 -day review period (November 22, 2010 through Thursday, December 30, 2010) and was made available for public review at the following locations: 1. Community Development Department, 221 West Pine Street, Lodi, CA 95240 2. Lodi Public Library, 201 West Locust Street, Lodi, CA 95240 3. Public Works Department, 221 West Pine Street, Lodi, CA 95240 4. Online at www,lodi.gov/com dev/EIRS.html WHEREAS, the Notice of Availability and proposed Mitigated Negative Declaration was published in the Lodi News Sentinel on November 22,2010; and WHEREAS, the project, as mitigated, is determined to not have a significant impact on the environment based upon the results of the environmental assessment; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in a number of significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level; and WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environment effects to a less -than -significant level; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program to ensure compliance with the mitigation measures during project implementation; and WHEREAS, the City of Lodi is the lead agency on the Project, and the City Council is the decision- making body for the proposed Project; and WHEREAS, the Planning Commission of the City reviewed the Initial Study/Mitigated Negative Declaration and found it prepared in compliance with CEQA on March 9, 2011; and WHEREAS, the Planning Commission has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and recommends the City Council certify the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and NOW, THEREFORE, BE IT FOUND that the Planning Commission of the City of Lodi as follows: THAT THE Planning Commission does hereby make the following findings: It has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, 2. The Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is also consistent with state and local guidelines implementing CEQA, 3. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City as lead agency for the Project, and 4 . That on the basis of the whole record before the Commission, there is no substantial evidence that the Project will have a significant effect on the environment. 5. The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plants or animal community, reduce the number or restrict the range of a rare or endangered plant or animals or eliminate important examples of the major periods of California history or prehistory, because no evidence has been found to indicate to this end. The project area has not been identified as being habitat for any rare or endangered flora or fauna. 6. No new impacts were identified in the public testimonies that were not addressed as normal conditions of project approval in the Initial Study/Mitigated Negative Declaration. 7. That Mitigated Negative Declaration 10 -MND -03 and its supporting documentation are located at the office of the Community Development Director, 221 West Pine Street, Lodi, CA. NOW, THEREFORE, BE IT DETERMINED, AND RESOLVED, that the Lodi Planning Commission hereby recommends the City Council certify the proposed Mitigated Negative Declaration (10 -MND - 03) and the associated Mitigation Monitoring and Reporting Program as adequate environmental documentation for the proposed project: The property owner and/or developer and/or successors in interest and management shall, at their sole expense, defend, indemnify and hold harmless the City of Lodi, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include, but is not limited to, any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Lodi shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. 2. Prior to any ground disturbance, property owner and/or developer and/or successors in interest and management shall notify the San Joaquin County Council of Governments (SJCOG, Inc) of their intention to disturb the land, and shall schedule a pre -ground disturbance survey, to be performed by SJMSCP biologist, to determine applicable Incidental Take Minimization Measures (ITMMS). The City shall not authorize any form of site disturbance until it receives an Agreement to Implement ITMMS from SJCOG, Inc. 3. The City shall not issue a building permit for the proposed project until the San Joaquin County Council of Governments determine what, if any, Incidental Take Minimization Measures (ITMMS) apply to the project and until the San Joaquin County Council of Governments verifies all applicable ITMMs have been fully and faithfully implemented. 4. All mitigation measures detailed in the attached Mitigation Monitoring and Reporting Program (MMRP), which mitigate or avoid the most significant environmental impacts for the project site, as identified in the attached MMRP shall be made conditions of approval of development of the proposed project. 5. Failure to comply with any part or portion of the attached Mitigation Monitoring and Reporting Program, conditions of approval and/or monitoring or reporting requirements shall result in a written notice of violation from the City to the applicant at which time the City may order that all or a portion of pre -construction, construction, post -construction activity or project implementation must cease until compliance is reached. 6. Contractors and construction personnel involved in any form of ground disturbance (i.e., trenching, grading, etc.) shall be advised of the possibility of encountering subsurface cultural resources or human remains. If such resources are encountered or suspected, work within 100 feet of the discovery shall be halted immediately and the City of Lodi Planning Department shall be notified. In accordance to CCR Section 15064 (9 and PRC Section 21083.2(i), a qualified professional archaeologist shall be consulted, who shall assess any discoveries and develop appropriate tnanagement recommendations for treatment of the resource. If bone is encountered and appears to be human, California Law requires that potentially destructive construction work is halted and the San Joaquin County Coroner is contacted. If the coroner determines the human remains are of Native American origin, the coroner must contact the Native American Heritage Commission. The Native American Heritage Commission will attempt to identify the most likely descendant(s), and recommendations will be developed for the proper treatment and disposition of the remains in accordance with CCR Section 15064.5(e) and PRC Section 5097.98. A note to this effect shall be included on all construction plans and specifications. 7 A Notice of Determination (NOD) shall be filed with the County Clerk within 5 -working days following certification of the proposed Mitigated Negativa Declaration. Appropriate Department of Fish and Game fees shall be filed. 8 No variance from any City of Lodi adopted code, policy or specification is granted or implied by this approval. Dated: March 9, 2011 1 hereby certify that Resolution No. 11-07 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on March 9, 2011, by the following vote: AYES: Commissioners: Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke NOES: Commissioners: Kiser ABSENT: Commissioners: Jones i r ATTEST: Secretary, Planning Commission EXHIBITS: 1. Final Mitigated Negative Declaration 2. Mitigation Monitoring and Reporting Program 3. Draft Mitigated Negative Declaration P.C. RESOLUTION NO. 11- 08 A RESOLUTION OF THE PLANN APPROVAL TO THE LODI CIT BEHALF OF FINIS LL., TO ANNE APN Site Address Property Owner WHEREAS, the project has been slightly modified to address an agreement between the project applicant and project commentor Citizens for Open Government as follows: a. Fink shall identify and construct an electric car recharging station within the project. The station shall be reasonably accessible to electric cars: b) each building shall provide for, install and maintain bicycle racks for the use of employees and visitors to the businesses occupying the building; and, c) subject to the City of Lodi confirming in writing that this measure constitutes satisfaction with the Mitigation Measure, the easements required by Mitigation Measure AG 1 (MND, p. 40) shall be offered to the Central Valley Farmland Trust or equivalent non-profit organization, subject to the easements satisfying that organization's criteria for land accepted and held by the organization. WHEREAS, the City must designate a "pre -zone" zoning designation prior to requesting annexation of lands from the County; and WHEREAS, the property is currently zoned San Joaquin County Zoning: AU -40 (Agriculture, Urban Reserve); and WHEREAS, the City of Lodi General Plan 2010 designates the project site Commercial; and WHEREAS, the Planning Commission did consider and recommend City Council certification of a Mitigated Negative Declaration 4(1 -MND -03) and adoption of an accompanying Mitigation Monitoring and Reporting Program; and WHEREAS, the request is to change the zoning of the property to City of Lodi Zone: Planned Development 43 (PD -43); and WHEREAS, the proposed Development Plan is consistent with all zoning and General Plan standards as amended; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence in the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. A Mitigated Negative Declaration (10 -MND -03) and Mitigation Monitoring and Reporting Program for this project was recommended for the City Council by Planning Commission. 2. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 3. The project site is entirely within the City's Sphere of Influence and the City's General Plan 2010 designates the project area as Commercial. The General Plan classifies the project area Priority Phase I for annexation to the City corporate limits. 4. It is found that the requested annexation does not conflict with adopted and proposed plans or policies of the General Plan. 5. It is further found that the parcel in the area proposed to be annexed is physically suitable for the development of the proposed project. 6. The proposed design and improvement of the site is consistent with all applicable standards adopted by the City in that the project, as conditioned, will conform to adopted standards and improvements mandated by the City of Lodi Public Works Department Standards and Specifications, Zoning Ordinance as well as all other applicable standards. 7. The size, shape and topography of the site are physically suitable for the proposed commercial development. 8. The site is suitable for the type of development proposed by the project in that the site can be served by all public utilities and creates design solutions for storm water, traffic and air quality issues. 9. The design of the proposed project and type of improvements are not likely to cause serious public health problems in that all public improvements will be built per City standards and all private improvements will be built per the California Building Code. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND QRDERED, that the Planning Commission of the City of Lodi hereby recommends approval of this Annexation (10 -AX -01) to the City Council. Dated: March 9, 2011 1 hereby certify that Resolution No. 11-08 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on March 9, 2011, by the following vote: AYES: Commissioners: Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke NOES: Commissioners: Kiser ABSENT: Commissioners: Jones ATTEST: Secretary, Planning Commission 2 P.C. RESOLUTION NO. 11- 09 A RESOLUTION OF THE CITY OF LODI PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT THE PROPOSED PLANNED DEVELOPMENT ZONING DISTRICT 43 STANDARDS FOR THE SOUTH HUTCHINS ANNEXATION WHEREAS, in July of 2010, the City of Lodi received an application from Michael Carouba, on behalf of Fink LL., to annex, develop, subdivide 30 -acre land and related development plans as shown on the submitted project plans and materials, located at 13333 N. West Lane, (APN: 058-100-03) Lodi CA; and WHEREAS, Michael Carouba, on behalf of Fink LL., (referred to as "applicant"), P. O. Box 2663, Lodi, CA 95241, has presented substantial evidence which supports the application; and WHEREAS, the property owner is FF LP, 540 Mills Avenue, Lodi, CA 95242-3428; and WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested rezoning/development plan in accordance with the Government Code and Lodi Municipal Code § 17.33.080, amendments; and WHEREAS, the project area is located 13333 North West Lane (APN: 058-100-03), in San Joaquin County, but within the City's Sphere of Influence and Planning Area; and WHEREAS, the City must designate a "pre -zone" zoning designation prior to requesting annexation of lands from the County; and WHEREAS, the property is currently zoned San Joaquin County Zoning: AU -40 (Agriculture, Urban Reserve); and WHEREAS, the project site has a General Plan land use designation of Commercial and is zoned Ag -40, Urban Reserve by the San Joaquin County; and WHEREAS, the request is to change the zoning of the property to City of Lodi Zone: Planned Development 43 (PD -43); and WHEREAS, the proposed Development Plan is consistent with all zoning and General Plan standards as amended; and WHEREAS, the applicant has submitted applications which consist of requests for Annexation, Prezoning, Vesting Tentative Parcel Map, and Site Plan and Architecture Review for Phase I of the proposed development; and WHEREAS, the project has been slightly modified to address an agreement between the project applicant and project commentor Citizens for Open Government as follows: a. Fink shall identify and construct an electric car recharging station within the project. The station shall be reasonably accessible to electric cars; b) each building shall provide for, install and maintain bicycle racks for the use of employees and visitors to the businesses occupying the building; and, c) subject to the City of Lodi confirming in writing that this measure constitutes satisfaction with the Mitigation Measure, the easements required by Mitigation Measure AG 1 (MND, p. 40) shall be offered to the Central Valley Farmland Trust or equivalent non-profit organization, subject to the easements satisfying that organization's criteria for land accepted and held by the organization. WHEREAS, the South Hutchins Annexation Phase I development plan required by Lodi Municipal Code Chapter 17.33 P -D Planned Development District, consists of 68,000 square feet of medical facility, parking lot, and associated onsite and offsite improvements; and WHEREAS, as required by the Planned Development Zoning Designation, future developments and construction plans shall be reviewed and approved by the Planning Commission and, if necessary, by Site Plan and Architectural Review Committee prior to the issuance of a building permit; and WHEREAS, the Community Development Department prepared an Initial Study for the project, consistent with the California Environmental Quality Act (CEQA), as amended that showed no significant impact to the environment; and WHEREAS, the Mitigated Negative Declaration was prepared and circulated for a 30 -day review period (November 22, 2010 through Thursday, December 30, 2010) and was made available for public review at the following locations: 1. Community Development Department, 221 West Pine Street, Lodi, CA 95240 2. Lodi Public Library, 201 West Locust Street, Lodi, CA 95240 3. Public Works Department, 221 West Pine Street, Lodi, CA 95240 4. Online at www.lodi.gov/com dev/EIRS.html WHEREAS, the Planning Commission did consider and recommend certification of a Mitigated Negative Declaration (10 -MND -03); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence in the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 2. The proposed Development Plan will be consistent with all applicable goals, policies and standards of the City's adopted General Plan Policy Document. 3. It is found that the requested Prezoning and Zoning of the project parcel to Planned Development 43 (PD -43) Zoning District does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 4. It is further found that the project parcel of the proposed Planned Development 43 (PD -43) Zoning District is physically suitable for the development of the proposed project. 5. The proposed design and improvement of the site is consistent with all applicable standards adopted by the City in that the project, as conditioned, will conform to adopted standards and improvements mandated by the City of Lodi Public Works Department Standards and Specifications, Zoning Ordinance as well as all other applicable standards. 6. The size, shape and topography of the site are physically suitable for the proposed commercial development. 7. The site is suitable for the type of development proposed by the project in that the site can be served by all public utilities and creates design solutions for storm water, traffic and air quality issues. 8. The design of the proposed project and type of improvements are not likely to cause serious public health problems in that all public improvements will be built per City standards and all private improvements will be built per the California Building Code. NOW, THEREFORE, BE IT DETERMINED and RESOLVED, by the Planning Commission of the City of Lodi hereby recommends adoption of the re -zone of the entire 30 acres of the South Hutchins Annexation to Planned Development 43 (PD -43), subject to the following development conditions and standards for the proposed PD -43 Zoning District: 1. The property owner and/or developer and/or successors in interest and management shall, at their sole expense, defend, indemnify and hold harmless the City of Lodi, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include, but is not limited to, any action to arbitrate, attack, review, set aside, 0) void or annul this development approval on any grounds whatsoever. The City of Lodi shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. 2. Approval granted herein authorizes the development, construction and operation of a parcel identified as Phase I development, the associated onsite retention basin, and all onsite and off site improvements required by the accompanying Vesting Tentative Parcel Map. 3. An approval granted by the Planning Commission does not constitute a building permit or authorization to begin any construction. An appropriate permit issued by the Division of Building and Safety must be obtained prior to construction, enlargement, relocation, conversion, or demolition of any building or structure within the City. 4. All mitigation measures for the project identified in the Mitigation Monitoring and Reporting Program and Final Mitigated Negative Declaration, are hereby incorporated into this recommendation of approval. 5. The project shall adhere to the following minimum setback standards: a. Buildings shall be located at least 15 feet away from northern property line(s). b. Buildings shall be located at least 20 feet away from eastern property line(s). c. Buildings shall be located at least 20 feet away from southern property line(s). d. Buildings shaii be located at least 20 feel away from western property line(s). 6. All buildings shall be limited to a maximum height of sixty (60) feet or three stories in height. 7. The property owner and/or developer and/or successors in interest and management shall submit a detailed Master Sign Program to establish sign criteria for the proposed PD -43 zoning district. The said Master Sign Program shall be subject to review and approval by the Planning Commission. 8. Final exterior materials and colors shall be consistent with what is shown on the SPARC plans and be approved by the Community Development Director prior to issuance of building permit. 9. Unless expressly changed by the terms of this resolution, the project shall be subject to all conditions, exactions, terms, and entitlements imposed on related applications Mitigated Negative Declaration 10 -MND -03, Vesting Tentative Parcel Map 10-P-01, SPARC 10 -SF -04, and Annexation 10 -AX -01. 10 All applicable state statutes, and local ordinances, including all applicable Building and Fire Code requirements for hazardous materials shall apply to the project. In an event of a conflict, the strictest law or regulation shall apply. Dated: Larch 9, 2011 1 hereby certify that Resolution No. 11-09 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on March 9, 2011, by the following vote: AYES: Commissioners: Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke NOES: Commissioners: Kiser ABSENT: Commissioners: Jones F ATTEST: Secretary, Planning Commission 3 RESOLUTION NO. P.C. 11- 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THE CITY COUNCIL APPROVE A VESTING TENTATIVE PARCEL MAP FOR THE SOUTH HUTCHINS ANNEXATION PROJECT WHEREAS, in July of 2010, the City of Lodi received an application from Michael Carouba, on behalf of Fink LL., to annex, develop, subdivide 30 -acre land and related development plans as shown on the submitted project plans and materials, located at 13333 N. West Lane, (APN: 058-100-03) Lodi CA; and WHEREAS, Michael Carouba, on behalf of Fink LL., (referred to as "applicant"), P. O. Box 2663, Lodi, CA 95241, has presented substantial evidence which supports the application; and WHEREAS, the property owner is FF LP, 540 Mills Avenue, Lodi, CA 95242-3428; and WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested rezoning/development plan in accordance with the Government Code and Lodi Municipal Code § 17.33.080, amendments; and WHEREAS, the project area is located 13333 North West Lane (APN: 058-100-03), in San Joaquin County, but within the City's Sphere of Influence and Planning Area; and WHEREAS, the project has been slightly modified to address an agreement between the project applicant and project commentor Citizens for Open Government as follows: a. Fink shall identify and construct an electric car recharging station within the project. The station shall be reasonably accessible to electric cars; b) each building shall provide for, install and maintain bicycle racks for the use of employees and visitors to the businesses occupying the building; and, c) subject to the City of Lodi confirming in writing that this measure constitutes satisfaction with the Mitigation Measure, the easements required by Mitigation Measure AG 1 (MND, p. 40) shall be offered to the Central Valley Farmland Trust or equivalent non-profit organization, subject to the easements satisfying that organization's criteria for land accepted and held by the organization. WHEREAS, the City General Plan 2010 designates the project site as Commercial and is zoned Ag -40, Urban Reserve by the San Joaquin County; and WHEREAS, the Community Development Department of the City of Lodi prepared an Initial Study and adopted a Mitigated Negative Declaration for the South Hutchins Annexation (Planning File No. 10 -MND -03) in accordance with the requirements of the California Environmental Quality Act of 1970, as amended, together with state and local guidelines implementing CEQA (collectively, "CEQA"); and WHEREAS, the Mitigated Negative Declaration was prepared and circulated for a 30 -day review period (November 29, 2010 through Thursday, December 30, 2010) and was made available for public review at the following locations: 1. Community Development Department,221 West Pine Street, Lodi, CA 95240 2. Lodi Public Library, 201 West Locust Street, Lodi, CA 95240 3. Public Works Department, 221 West Pine Street, Lodi, CA 95240 4. Online atwww.lodi,gov/com dev/EIRS.html WHEREAS, the Notice of Availability and proposed Mitigated Negative Declaration was published on the Lodi News Sentinel on November 22.2010; and WHEREAS, all legal prerequisites to the approval of this request have occurred. NOW, THEREFORE, BE IT FOUND, as follows, by the Planning Commission of the City of Lodi, based on the entirety of the record before it, which includes without limitation, the Mitigated Negative Declaration, Annexation, Prezoning, Vesting Tentative Parcel Map, and site plan and architectural review: The Planning Commission has considered the Mitigated Negative Declaration and recommended to the City Council that it be certified. 2. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 3. The proposed Vesting Tentative Parcel Map is consistent with the City's General Plan and is conditioned to conform to the standards and improvements mandated by the City of Lodi's Public Works Department Standards and Specifications; and Zoning Ordinance. 4. The size, shape and topography of the site are physically suitable for the proposed commercial development in that the site is generally flat with no unusual or extraordinary topographic features. 5. The site is suitable for the proposed density of 9 lots. 6. The proposed Vesting Tentative Parcel Map does not conflict with easements, acquired by the public at large, for access through or use of property within the proposed map. 7. The proposed Vesting Tentative Parcel Map can be served by all public utilities. 8. The proposed Vesting Tentative Parcel Map complies with the requirements of Chapter 16.08 of the Lodi Municipal Code regulating Tentative Maps. 9. None of the mandatory findings for tentative map denial within the State Subdivision Map Act, § 66474 apply to this proposal. NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi recommends the City Council approve the proposed Vesting Tentative Map Number 10-P-01, subject to the following conditions: Community Development Department, Planning The property owner andlor developer and/or successors in interest and management shall, at their sole expense, defend, indemnify and hold harmless the City of Lodi, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include, but is not limited to, any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Lodi shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. 2. The Vesting Tentative Map shall expire within 24 months of Planning Commission approval or a time extension must be granted by the Planning Commission. 3. The Final Map shall be in substantial conformance to the approved Vesting Tentative Map, as conditioned, and that any future development shall be consistent with applicable sections of the Municipal Code. 4. A reciprocal agreement for ingress, egress, and parking shall be executed between all parcels and shall be recorded concurrently with the Vesting Tentative Parcel Map. Applicable agreements, easements and/or deed restrictions for access, use and maintenance of shared or private facilities shall be subject to Community Development Department review and approval prior to recordation. 5. Construction on the new parcels shall be subject to setback, lot coverage, parking and all other development standards prescribed in the Planned Development (PD) 43 zoning district. 6. Unless expressly changed by the terms of this resolution, the project shall continue to be subject to all conditions, exactions, terms, and entitlements previously imposed and generally including but not limited to Development Conditions and standards imposed on related applications Mitigated Negative Declaration 10 -MND -03, Vesting Tentative Parcel Map 10-P-01, SPARC 10 - SP -04, Annexation 10 -AX -01, and Prezoningl 0-Z-01. 7. The applicant shall submit appropriate plans to the Community Development Department for plan check and building permit. The plans shall include architectural features such as the colors, elevation, materials including all other elements approved by the Planning Commission. Any modifications to these plans must be approved by the Department of Community Development staff prior to the changes on the working drawings or in the field. Changes considered substantial by the Planning staff must be reviewed by the Planning Commission. 8. Project construction and operation shall comply with all the mitigation measures in the Mitigation Monitoring Reporting Program (MMRP) and a copy of the MMRP shall be kept on the job site at all times. 9. Any fees due the City of Lodi for processing this Project shall be paid to the City within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City. Public Works Department: 10. Dedication of street right-of-way as shown on the tentative map with the following changes/add itions: a. Dedication of street easement (57.5 feet) along the south property line (see Attachment 1). b. Dedication of street easement (53.5 feet) along the west property line (see Attachment 1). c. Dedication of the street easement (21 feet) along the north property line should be reduced to 9 feet. The ultimate width of the west leg of the Hutchins Street and Harney Lane intersection should be 113 feet. 11. Dedication of public utility easements as required by the various utility companies and the City of Lodi. 12. Payment of the following: a. Filing and processing fees and charges for services performed by City forces per the Public Works Fee and Service Charge Schedule. 13. Engineering and preparation of improvement plans and estimate per City Public Improvement Design Standards for all public improvements for all parcels. Plans to include: a. Detailed utility master plans and design calculations for all phases of the development. Master plans shall include off-site areas as appropriate. Developer's engineer shall work with Public Works Department staff to establish reasonable master plan area boundaries. b. The developer will modify the Harney Lane lift station as needed to later serve the area south of Harney Lane at the time of development per the November 19, 1992 agreement between the City and Marian Fry, Felix Costa, Carl Fink, Vera Perrin, William Beckman and Charles Beckman (see Attachment 2), section 1. (d). The developer must install three (3) - 15 horsepower with a pump capacity of 1,000 cfs each as specified in the 1992 South Lodi Sanitary Sewer Study for "The Harney Lane Lift Station Service Area." c. Current soils report. If the soils report was not issued within the past three (3) years, provide an updated soils report from a licensed geotechnical engineer. 3 d. Grading, drainage and erosion control plan. e. Copy of Notice of Intent for NPDES permit, including storm water pollution prevention plan (SWPPP). f. All utilities, including street lights and electrical, gas, telephone and cable television facilities. g. Undergrounding of existing overhead utilities, excluding transmission lines. h. Modification of a traffic signal at the Harney Lane/Hutchins Street intersection. i. Traffic striping for Harney Lane, Road "A", Road "B" and Hutchins Street/West Lane. 14. Abandonment/removal of wells, septic systems and underground tanks in conformance with applicable City and County requirements and codes upon development of each parcel. 15. Design and installation of public improvements to be in accordance with City master plans and the detailed utility master plans referenced in Item 4.a) above. NOTE: The developer may be eligible for reimbursement from others for the cost of certain improvements. It is the developer's responsibility to request reimbursement and submit the appropriate information per the Lodi Municipal Code (LMC) $16.40. 16. Installation of all public utilities and street improvements in conformance with City of Lodi master plans and design standards and specifications, including, but not limited to, the following: a. Harney Lane west of the Harney Lane and Hutchins Street intersection: i. Street improvements will be installed during the development of Parcel 5, 6. 7, 8, or 9 or during Phase 4 of the project. ii. Installation of the ultimate improvements including curb, gutter, sidewalk, roadway widening, street lights, striped medians and landscaping and irrigation systems in the parkway. iii. The extension/installation of all public utilities along the frontage of the subject property. All utilities must be underground. b. Hutchins Street/West Lane south of the Harney Lane and Hutchins Street intersection: i. Street improvements will be installed during the development of Parcel 1 or during Phase 1 of the project. ii. Provide a study of Hutchins Street/West Lane to determine if the structural section has been built to City standards. If the structural section is found to be inadequate then half of the street width must be replaced. iii. Installation of curb, gutter, sidewalk, and street lights along the eastside of the project, median modification, signalized intersection at Road "A" and landscaping and irrigation systems in the median. iv. Provide storm drain laterals for the east side of Hutchins St/West Ln. v. The extension/installation of the wastewater public main to the median in Hutchins Street/West Lane. c. Road "A" along the south side of the project: 730 -feet of street improvements will be installed during the development of Parcel 1 or during Phase 1 of the project. The additional 580 -feet of street improvements will be installed during the development of Parcel 4 or during Phase 2 of the project. ii. The right-of-way and lane configuration for Road "A" shall be consistent with the South Hutchins Traffic Circulation Master Plan (see Attachment 3). Improvements to the south side of Road "A" shall extend to and include the installation of curb and 0 gutter. Acquisition of street and public utility easements from the adjoining property may be necessary to allow this construction and shall be the responsibility of the developer or, if not feasible, the road alignment shall be shifted northward. d. Road "B" along the west side of the project: i. Street improvements will be installed during the development of Parcel 4 or during Phase 2 of the project. ii. The right-of-way and lane configuration for Road "B" shall be consistent with the South Hutchins Traffic Circulation Master Plan. Improvements to the west side of Road "B" shall extend to and include the installation of curb and gutter. Acquisition of street and public utility easements from the adjoining property may be necessary to allow this construction and shall be the responsibility of the developer. iii. A traffic study must be provided to determine the Harney Lane Capacity improvements at the Road "B" and Harney Lane intersection. e. Harney Lane and Hutchins Street Intersection: i. Street improvements will be installed during the development of Parcel 1 or during Phase 1 of the project. ii. Installation of curb, gutter, sidewalk, curb return, roadway widening, signal modification / relocation and street lights. iii. Per the 2006 Reynolds Ranch Environmental Impact Report, widen Harney Lane at Harney Lane/Hutchins Street to provide an additional lane in both directions. The Reynolds Ranch project will be required to install these improvements during their next phase of their project. However, the requirement will apply to both the South Hutchins Annexation project and the Reynolds Ranch project depending on which project is built first. iv. Acquire street right-of-way from the south east coiner property for roadway widening and relocation of the street signal. 17. Acquisition of street right-of-way, public utility easements and/or construction easements outside the limits of the map to allow the installation of required improvements on Harney Lane, Road "A", Road "B" and Hutchins Street/West Lane. 18. Install bus turnout improvements as required by the Transportation Manager. 19. The project must annex into the Consolidated Landscape Maintenance Assessment District No. 2003-1. 20. All project design and construction shall be in compliance with the Americans with Disabilities Act (ADA). Project compliance with ADA standards is the owner's responsibility. 21. Submit parcel map per City and County requirements including the following: a. Preliminary title report. b. Standard note regarding requirements to be met at subsequent date. c. Final Map Guarantee 22. Payment of the following: a. Filing and processing fees and charges for services performed by City forces per the Public Works Fee and Service Charge Schedule. b. Development Impact Mitigation Fees per the Public Works Fee and Service Charge Schedule prior to occupancy. Gees will be set at the time of Ve6t Rg Map approval c. Wastewater Capacity Impact Fee prior to occupancy. d. County Facilities Fees at the time of building permit issuance. I• e. Regional Transportation Impact Fee (RTIF) at the time of building permit issuance. Storm water compliance inspection fee prior to building permit issuance or commencement of construction operations, whichever occurs first. g. Fair share of the estimated $1.4 million Harney Lane Interim Improvements Project based on projects impact to the Harney Lane/State Route 99 interchange. A consultant will be hired by the City at the applicant's expense to determine the fair share amount. NOTE: The above fees are subject to periodic adjustment as provided by the implementing ordinance/resolution. The fee charged will be that in effect at the time of collection indicated above. 23. In order to assist the City of Lodi in providing an adequate water supply, the Owner/Developer on behalf of itself, its successors and assigns, shall enter into an agreement with the City that the City of Lodi be appointed as its agent for the exercise of any and all overlying water rights appurtenant to the proposed project, and that the City may charge fees for the delivery of such water in accordance with City rate policiss. In addition, the agreement shall assign all appropriative or prescriptive rights to the City. The agreement will establish conditions and covenants running with the land for all lots in the subdivision and provide deed provisions to be. included in each conveyance. Electric Utility Department: 24. Existing and proposed utilities are not shown on the site plan. Public utility easements are required for all onsite existing and/or future facilities. 25. The developer shall prepare legal description for easements and submit to the Lodi Electric Department, Engineering Division, in accordance with rules and regulations of the Electric Utility Department. 26. The project proponent shall install street lights at the sole expense of the developer in accordance with the rules and regulations of the Electric Utility Department. 27. The Developer shall prepare and submit complete set of plans including Electric Drawings and Load Calculations. Please contact the Lodi Electric Utility Department for location of easements and requirements. 28. The Developer to pay for Electric Utility Department changes in accordance with the Electric Department's Rules. Dated: March 9, 2011 I hereby certify that Resolution No. 11-10 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on March 9, 2011, by the following vote: AYES: Commissioners: Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke NOES: Commissioners: Kiser ABSENT: Commissioners: Jones r ATTEST: Secretary, Planning Commission 0 P.C. RESOLUTION NO. 11- 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI FOR THE APPROVAL OF THE REQUEST OF MICHAEL CAROUBA, ON BEHALF OF FINK LL FOR A 8 PARC REVIEW OF THE PROPOSED PHASE I DEVELOPMENT OF THE PROPOSED SOUTH HUTC HINS ANNEXATION WHEREAS, in July of 2010, the City of Lodi received an application from Michael Carouba, on behalf of Fink LL., to annex, develop, subdivide 30 -acre land and related development plans as shown on the submitted project plans and materials, located at 13333 N. West Lane, (APN: 058-100-03) Lodi CA; and WHEREAS, Michael Carouba, on behalf of Fink LL., (referred to as "applicant"), P. O. Box 2663, Lodi, CA 95241, has presented substantial evidence which supports the application; and WHEREAS, the property owner is FF LP, 540 Mills Avenue, Lodi, CA 95242-3428; and WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested rezoning/development plan in accordance with the Government Code and Lodi Municipal Code § 17.33.080, amendments; and WHEREAS, the project area is located 13333 North West Lane (APN: 058-100-03), in San Joaquin County, but within the City's Sphere of Influence and Planning Area; and WHEREAS, the City must designate a "pre -zone" zoning designation prior to requesting annexation of lands from the County; and WHEREAS, the property is currently zoned San Joaquin County Zoning: AU -40 (Agriculture, Urban Reserve, Minimum 20 Acres): and WHEREAS, the request is to change the zoning of the property to City of Lodi Zone: Planned Development43 (PD -43); and WHEREAS, the proposed Development Plan is consistent with all zoning and General Plan standards as amended; and WHEREAS, the applicant has submitted applications which consist of requests for Annexation, Prezoning, Vesting Tentative Parcel Map, and Site Plan and Architecture Review for Phase of the proposed development; and WHEREAS, the project has been slightly modified to address an agreement between the project applicant and project commentor Citizens for Open Government as follows: a. Fink shall identify and construct an electric car recharging station within the project. The station shall be reasonably accessible to electric cars; b) each building shall provide for, install and maintain bicycle racks for the use of employees and visitors to the businesses occupying the building; and, c) subject to the City of Lodi confirming in writing that this measure constitutes satisfaction with the Mitigation Measure, the easements required by Mitigation Measure AG 1 (MND, p. 40) shall be offered to the Central Valley Farmland Trust or equivalent non-profit organization, subject to the easements satisfying that organization's criteria for land accepted and held by the organization. WHEREAS, the South Hutchins Annexation Phase I development plan required by Lodi Municipal Code Chapter 17.33 P -D Planned Development District, consists of 68,000 square feet of medical facility, parking lot, and associated onsite and offsite improvements; and WHEREAS, as required by the Planned Development Zoning Designation, future developments and construction plans shall be reviewed and approved by the Planning Commission and, if necessary, by Site Plan and Architectural Review Committee prior to the issuance of a building permit; and WHEREAS, the Community Development Department prepared an Initial Study for the project, consistent with the California Environmental Quality Act (CEQA), as amended that showed no significant impact to the environment; and WHEREAS, the Mitigated Negative Declaration was prepared and circulated for a 30 -day review period (November 22, 2010 through Thursday, December 30, 2010) and was made available for public review at the following locations: 1. Community Development Department, 221 West Pine Street, Lodi, CA 95240 2. Lodi Public Library, 201 West Locust Street, Lodi, CA 95240 3. Public Works Department, 221 West Pine Street, Lodi, CA 95240 4. Online at www.lodi.gov/com dev/EIRS.html WHEREAS, the Planning Commission did consider and recommend certification of a Mitigated Negative Declaration (10 -MND -03); and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence in the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. The required public hearing by the Planning Commission was duly advertised and held in a manner prescribed by law. 2. The proposed Development Plan will be consistent with all applicable goals, policies and standards of the City's adopted General Plan Policy Document. 3. It is found that the requested Prezoning and Zoning of the project parcel to Planned Development 43 (PD -43) Zoning District does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 4. It is further found that the project parcel of the proposed Planned Development 43 (PD -43) Zoning District is physically suitable for the development of the proposed project. 5. The proposed design and improvement of the site is consistent with all applicable standards adopted by the City in that the project, as conditioned, will conform to adopted standards and improvements mandated by the City of Lodi Public Works Department Standards and Specifications, Zoning Ordinance as well as all other applicable standards. 6. The size, shape and topography of the site are physically suitable for the proposed commercial development. 7. The site is suitable for the type of development proposed by the project in that the site can be served by all public utilities and creates design solutions for storm water, traffic and air quality issues. a. The design of the proposed project and type of improvements are not likely to cause serious public health problems in that all public improvements will be built per City standards and all private improvements will be built per the California Building Code. NOW, THEREFORE, BE IT DETERMINED and RESOLVED, by the Planning Commission of the City of Lodi that SPARC Application No. 10 -SP -01 is hereby approved, subject to the following conditions: 1. The property owner and/or developer and/or successors in interest and management shall, at their sole expense, defend, indemnify and hold harmless the City of Lodi, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include, but is not limited to, any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Lodi shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. 2 2. No outside storage of material, crates, boxes, etc. shall be permitted anywhere on site, except within the trash enclosure areas as permitted by fire codes. No material shall be stacked higher than the height of any trash enclosure screen wall and gate. 3. No outdoor storage or display of merchandise shall be permitted at the project site unless a specific plan for such display is approved by Planning Commission and/or SPARC. At no time shall outdoor storage or display be allowed within the parking area, drive aisle or required sidewalks of the center. 4. All storage of cardboard bales and pallets shall be contained within the area designated for such use. No storage of cardboard or pallets shall be visible from the public right of way. 5. The project proponent shall take reasonable necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises to the degree that surrounding residents and commercial uses would not be bothered. Loitering is not permitted. 6. A minimum of two trash receptacles shall be placed at the customer entry to the proposed medical facility. Trash receptacles shall be a decorative, pre -cast concrete or metal type with a self-closing metal lid. Design of the receptacles shall be submitted with the building permit application to the Community Development Departmentfor review and approval. 7. Trash enclosures shall be designed to accommodate separate facilities for trash and recyclable materials. Trash enclosures having connections to the wastewater system shall install a sand/grease trap conforming to Standard Plan 205 and shall be covered. 8. All refuse enclosures shall be constructed of CMU walls, shall have solid metal doors and must comply with the City's Stormwater Run -Off Management Program. 9. The owner shall maintain in good repair all building exteriors, walls, lighting, trash enclosure, drainage facilities, driveways and parking areas. The premises shall be kept clean. Any graffiti painted on the property shall be painted out or removed within 48 hours of occurrence. 10 The applicant shall submit appropriate plans to the Community Development Departmentfor plan check and building permit. The final plans shall include the architectural features such as the approved colors, the building elevations including the cornice, trim caps, and curbed canopy, and other elements approved by the Planning Commission. Any significant alteration to the building elevations as approved by the Planning Commission shall require approval by the Planning Commission. 11. The finished building shall be consistent with the plans approved by the Planning Commission and as conditioned herein in Attachment 2. 12. All buildings shall comply with the requirements of Planned Development 43 zoning district and meet setback, landscape, parking lot and other requirements. 13. Approval granted herein authorizes the development, construction and operation of a parcel identified as Phase I development, the associated onsite retention basin, and all onsite and off site improvements required by the accompanying Vesting Tentative Parcel Map. 14. A reciprocal agreement for ingress, egress, and parking shall be executed between all parcels. Applicable agreements, easements and/or deed restrictions for access, use and maintenance of shared or private facilities shall be subject to Community Development Department approval. 15. A final color palette shall be submitted with the building permit application and shall be in substantial conformance with colors and materials approved by the Lodi Planning Commission. 16. The proposed building must comply with all Planning Commission requirements; as well as the requirements of the Community Development, the Public Works, the Electric Utility and the Fire Departments; and all other utility agencies. 17. All signage shall be in compliance with a detailed Sign Program that shall be submitted to the City and shall be reviewed and approved by the Planning Commission. Said program shall require all building mounted signs to be indirectly lit individual channel letters, uniform in size, shape and design, where feasible. 18. Any bollards installed shall be decorative in style. Plain concrete bollards or concrete filled steel pipe bollards shall be strictly prohibited. 19. Hardscape items, including tables, benches/seats, trashcans, bike racks, drinking fountains, etc. shall be uniform for all stores throughout the shopping center 20. All roof mechanical equipment and any satellite dish equipment shall be fully screened from ground -level view within 150 feet of the property. 21. All two-way drive isles shall be a minimum of 24'ft wide and shall be identified and marked as Fire Lanes. 22. A photometric exterior lighting plan and fixture specification shall be submitted for review and approval of the Community Development Director prior to the issuance of any building permit. Said plans and specification shall address the following: a. All project lighting shall be confined to the premises. No spillover beyond the property line is permitted. b. The equivalent of one (1) foot-candle of illumination shall be maintained throughout the parking area. c. All parking light fixtures shall be a maximum of twenty-five 25 feet in height. d. All fixtures shaii be consistent throughout the center. 23. Exterior lighting fixtures on the face of the buildings shall be consistent with the theme of the center. No wallpacks or other floodlights shall be permitted. All building mounted lighting shall have a 90 -degree horizontal flat cut-off lens unless the fixture is for decorative purposes. 24. The applicant shall submit a landscaping and irrigation plan to the Community Development Department for review and approval. Landscaping materials indicated on the conceptual landscape and irrigation plan may be changed per the review of the Community Development Director or designee but shall not be reduced in amount. 25. The applicant shall select and note on all plans common tree species for the parking lot and perimeter areas from the list of large trees as identified in the Local Government Commission's "Tree Guidelines for the San Joaquin Valley". 26. All landscaped areas shall be kept free from weeds and debris, maintained in a healthy growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. Unhealthy, dead, or damaged plant materials shall be removed and replaced promptly. 27. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizerlsuppressant, covered with a tarp or other suitable cover or vegetative ground cover. 28. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. 29. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. 30. When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. Cl 31. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/su ppressa nt. 32. Per the San Joaquin Valley Air Pollution Control District, all off-road construction equipment used on site shall achieve fleet average emissions equal to or less than the Tier II emissions standard of 4.6/ghp-hr NOx. 33. All applicable state statutes, and local ordinances, including all applicable Building and Fire Code requirements for hazardous materials shall apply to the project. In an event of a conflict, the strictest law or regulation shall apply. 34. The project shall meet the nonresidential mandatory requirements of Chapter 5 of the 2010 California Green Building Standards Code for planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality. In particular, please note the requirements for bicycle parking and changing rooms per 2010 CGBSC, Section 5.106.4 and parking for low -emitting, fuel-efficient and carpool/van pool vehicles per 2010 CGBSC, Section 5.106.5.2. Communitv Development Department, Building: 35. Fire rated construction of walls and protection of openings shall be provided where required due to construction type, occupancy and location on property or proximity to other structures. 2010 CBC, Sections 702, 705.3, 705.8 and Tables 601, 602, 705.8 36. All entrances and exterior ground floor exit doors to buildings and facilities shall be made accessible to persons with disabilities. Such entrances shall be connected by an accessible route (complying with 2010 CBC Section111413.1.2) to public transportation stops, to accessible parking and passenger loading zones and to public streets or sidewalks. All accessible routes are also required to comply with detectable warnings at hazardous vehicular areas 2010 CBC Section 1133B.8.5. 2010 CBC, Section 1133B.1.1.1.1 37. An accessible route of travel complying with 2010 CBC, Section 1114B.1.1 shall be provided between buildings and accessible site facilities, accessible elements, and accessible spaces that are on the same site. 2010 CBC, Section 1127.B.1. 38. Walkways and sidewalks along the accessible routes of travel shall (1) be continuously accessible, (2) have maximum 1/2" changes in elevation, (3) be minimum 48" in width, (4) have a maximum 1/4" per foot side slope, and (5) where necessary to change elevation at a slope exceeding 5% (i.e., 1:20) shall have ramps complying with 2010 CBC, Section 1133B.5.2010 CBC Section 1133B.7. Where a walk crosses or adjoins a vehicular way, and the walking surfaces are not separated by curbs, railings or other elements between the pedestrian areas and vehicular areas, the boundary between the areas shall be defined by a continuous detectable warning which is 36" wide, complying with 2010 CBC, Section 1121B.3.1, Item 8(a). 39. Number of accessible parking spaces shall be provided as specified in 2010 CBC, Table 118-6. 40. Multistory buildings shall provide access to all levels, including mezzanines, by ramp or passenger elevator complying with 2010 CBC, Section 1116B. 2010 CBC, Section 11038. 41. Professional medical and dental offices, where required by 2010 CBC Section 1109B.2, shall have at least one accessible entrance that is protected from the weather by a canopy or a roof overhang. Such entrances shall incorporate a passenger loading zone. The passenger loading zone shall provide an access aisle at least 60" wide and 20' long adjacent to and parallel to the vehicle pull-up space per 2010 CBC, Section 1131 B.2. , 11058. 3.2 and 1109B. 42. Professional medical and dental offices regulated by OSHPD requirements shall meet all OSHPD requirements. Public Works Department Comments: 43. The site must conform to the Stormwater Development Standards Plan (DSP) requirements. The SPARC site plans must show how the DSP will be implemented. The DSP Worksheet must be provided before the issuance of the Building Permit. 44. Engineering and preparation of improvement plans and estimate per City Public Improvement Design Standards for all public improvements for all parcels. Plans to include: a. Detailed utility master plans and design calculations for all phases of the development. Master plans shall include off-site areas as appropriate. Developer's engineer shall work with Public Works Department staff to establish reasonable master plan area boundaries. b. The developer will modify the Harney Lane lift station as needed to later serve the area south of Harney Lane at the time of development per the November 19, 1992 agreement between the City and Marian Fry, Felix Costa, Carl Fink, Vera Perrin, William Beckman and Charles Beckman (see Attachment 2), section 1. (d). The developer must install three (3) -15 horsepowerwith a pump capacity of 1,000 cfs each as specified in the 1992 South Lodi Sanitary Sewer Study for "The Harney Lane Lift Station Service Area." c. Current soils report. If the soils report was not issued within the past three (3) years, provide an updated soils report from a licensed geotechnical engineer. d. Grading, drainage and erosion control plan. e. Copy of Notice of Intent for NPDES permit, including storm water pollution prevention plan (SWPPP). f. All utilities, including street lights and electrical, gas, telephone and cable television facilities. g. Undergrounding of existing overhead utilities, excluding transmission lines. h. Modification of a traffic signal at the Harney Lane/Hutchins Street intersection. i. Traffic striping for Harney Lane, Road "A" and Hutchins Street/West Lane. 45. A complete plan check submittal package including all the items listed above plus engineering plan check fees is required to initiate the Public Works Department plan review process for the engineered improvement plans. 46. Installation of all public utilities and street improvements in conformance with City of Lodi master plans and design standards and specifications, including, but not limited to, the following: a. HutchinsStreet/West Lane south of the Harney Lane and Hutchins Street intersection: i. Street improvements will be installed during the development of Parcel 1 or during Phase 1 of the project. ii. Provide a study of Hutchins Street/West Lane to determine if the structural section has been built to City standards. If the structural section is found to be inadequate then half of the street width must be replaced. iii. Installation of curb, gutter, sidewalk, and street lights along the eastside of the project, median modification, signalized intersection at Road "A" and landscaping and irrigation systems in the median. iv. Provide storm drain laterals for the east side of Hutchins St/West Ln. v. The extension/installation of the wastewater public main to the median in Hutchins Street/West Lane. b. Road "A" along the south side of the project: 730 -feet of street improvements will be installed during the development of Parcel 1 or during Phase 1 of the project. The additional 580 -feet of street improvements will be installed during the development of Parcel 4 or during Phase 2 of the project. G ii. The right-of-way and lane configuration for Road "A" shall be consistent with the South Hutchins Traffic Circulation Master Plan (see Attachment 3). Improvements to the south side of Road "A" shall extend to and include the installation of curb and gutter. Acquisition of street and public utility easements from the adjoining property may be necessary to allow this construction and shall be the responsibility of the developer or, if not feasible, the road alignment shall be shifted northward. c. Harney Lane and Hutchins Street Intersection: i. Street improvements will be installed during the development of Parcel 1 or during Phase 1 of the project. ii. Installation of curb, gutter, sidewalk, curb return, roadway widening, signal modification / relocation and street lights. iii. Per the 2006 Reynolds Ranch Environmental Impact Report, widen Harney Lane at Harney Lane/Hutchins Street to provide an additional lane in both directions. The Reynolds Ranch project will be required to install these improvements during their next phase of their project. However, the requirement will apply to both the South Hutchins Annexation project and the Reynolds Ranch project depending on which project is built first. iv. Acquire street right-of-way from the south east corner property for roadway widening and relocation of the street signal. 47. Acquisition of street right-of-way, public utility easements and/or construction easements outside the limits of the map to allow the installation of required improvements on Harney Lane, Road "A", Road "B'and Hutchins Street/West Lane. 48. Install bus turnout improvements as required by the Transportation Manager. 49. Phase 1 must include the full driveway and aisle widths of both the eastern and southern entrance/exit. 50. Provide Private Access/Maintenance Agreements for the entrances/exits that are shared between parcels. 51. The project must annex into the Consolidated Landscape Maintenance Assessment District No. 2003-1. 52. Driveway entrances/exits into the project site shall be California Long truck compliant. Provide a truck route study for the onsite and offsite improvements using the CA Long truck. Show truck turning movements at all entrances and exits. 53. The nearest wastewater main is located 650 -feet west of the Woodbridge Irrigation District Canal. This project will require an extention of the wastewater main of approximately 2,500 -feet to the subject parcel. 54. An onsite water plan will need to be submitted to determine the need for an onsite public watermain. 55. A stormwater plan must be submitted to determine where the stormwater will discharge to. 56. All project design and construction shall be in compliance with the Americans with Disabilities Act (ADA). Project compliance with ADA standards is the developer's responsibility. 57. Payment of the following fess shall apply to the project: a. Filing and processing fees and charges for services performed by City forces per the Public Works Fee and Service Charge Schedule. b. Development Impact Mitigation Fees per the Public Works Fee and Service Charge Schedule prior to occupancy. c. Wastewater Capacity Impact Fee priorto occupancy. d. County Facilities Fees at the time of building permit issuance. 7 e. Regional Transportation Impact Fee (RTIF) at the time of building permit issuance. f. Storm water compliance inspection fee prior to building permit issuance or commencement of construction operations, whichever occurs first. g. Fair share of the estimated $1.4 million Harney Lane Interim Improvements Project based on projects impact to the Harney Lane/State Route 99 interchange. A consultant will be hired by the City at the applicant's expense to determine the fair share amount. NOTE: The above fees are subject to periodic adjustment as provided by the implementing ordinance/resolution. The fee charged will be that in effect at the time of collection indicated above. 58. An Improvement Agreement issued by the Public Works Department is required for the following work: a. All work along the Harney Lane and West Lane/Hutchins Street right-of-way or in any public utility easement including, but not limited to, street widenings, traffic signal installations and upgrades, street lights, landscaping, and connection to the public water, wastewater, and storm drain mains. 59. Additional comments and conditions will be provided in conjunction with the approval of a building permit for this project. Electric Utility Department: 60. Public Utility Easements are required for all on-site existing and/or future primary facilities/parcel. The project proponent shall prepare and submit legal description for easements for review and approval. Said legal description shall be submitted to the Lodi Electric Department, Electric Engineering Section. 61. The applicant shall submit load calculations and Electric drawings to Electric Utility as part of a building permit process. Load calculations and Electric drawings are needed for service equipment location, PUE requirements, and service sizing. Should the load calculations and Electric drawings require a change of site plan, the Planning Department shall forward the site plan to the Planning Commission for review and approval. 62. The Developer shall pay for Electric Utility Department charges in accordance with the Electric Department's Rules and Regulations. Dated: March 9,2011 1 hereby certify that Resolution No. 11-11 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on March 9, 2011, by the following vote: AYES: Commissioners: Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke NOES: Commissioners: Kiser ABSENT: Commissioners: Jones _->--------- ATTEST: Secretary, Planning Commission EXHIBITS: 1. Phasing Plan 2. Proposed Elevations for Phase 1 3. Site Plan 4. Landscape Plan a OFFICES {2j 4EVLLS bE,m 5E' If " �+.*•�•1' - -s; a. _ = ,�. '. i�T, r.1' '# r�'Yf•Y•'•I'I:.f p,I' fl ifi�f1fTiFT3lTI 'I ` _[ 11111111i1J111n+T[l[Iff111T11'fT+Tfl 'JM1p`1T1'III[#Ill'-I' I = ���TI�TT�I+� ]111J11 O I r 41 4 !.l l I u jf�i a r � r� _ � � .L 1 _ Co fTilll[Ttf I r ICS UK] i 41V I I tIlI1 141��IlfII�I�_1.1��J:' fir' wf LAB ; I i IIIII Iall:l'Il:lrl�.r" r} FExcs I, ) tipc+lt s SS_I04 Ss V ?j I.I.I'_J Ili I;ll2.i. 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WrAKREL 71,100s� + 5TOM rJ" M F*F SrAcLS + X'"K. 3,0W &F 45A1' IDWP urrn Jnflsosp .rADJ M,MyF asUA11,50 ■ #4oUAt5 9k:A7-&AUALU ,ANLLrM i*"M WnALLK EWFKTiS ojn� PMd4 pr"M- Lw 71. Mw ]9 VFAIL% FWFFCES ice' letup omcks w. EA19 r wa sr M WAW S Ike& lw% TM ! t..._. LODI PLANNING COMMISSION REGULAR COMMISSION MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, MARCH 9, 2011 1. CALL TO ORDER / ROLL CALL The Regular Planning Commission meeting of March 9, 2011, was called to order by Chair Hennecke at 7:02 p.m. Present: Planning Commissioners — Cummins, Heinitz, Kirsten, Kiser, Olson, and Chair Hennecke Absent: Planning Commissioners — Jones Also Present: Community Development Director Konradt Bartlam, City Attorney Stephen Schwabauer, Public Works Director Wally Sandelin, Associate Planner Immanuel Bereket, and Administrative Secretary Kari Chadwick 2. MINUTES "January 12, 2011" No Motion made because there was not a quorum of Commissioners in attendance to make the motion. Item continued to the next meeting. "February 9, 2011" MOTION /VOTE: The Planning Commission, on motion of Commissioner Kiser, Heinitz second, approved the Minutes of February 9, 2011 as written. (Commissioner Hennecke abstained because he was not in attendance of the subject meeting) 3. PUBLIC HEARINGS a) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Hennecke called for the public hearing to consider the request for a Use Permit to allow Type 20 and Type 70 Alcoholic Beverage Control licenses at 1337 East Kettleman Lane. Commissioner Heinitz recused himself because of a professional relationship with the applicant. Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Hearinq Opened to the Public Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Kirsten, Cummins second, approved the request of the Planning Commission for a Use Permit to allow Type 20 and Type 70 Alcoholic Beverage Control licenses at 1337 East Kettleman Lane subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Kirsten, Kiser, Olson, and Chair Hennecke Noes: Commissioners — None Abstain: Commissioners — None Absent: Commissioners — Jones and Heinitz Approved by Planning Commission 4/13/11 Continued Commissioner Heinitz rejoined the Commission. b) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Hennecke called for the public hearing to consider the request for a Use Permit to allow Type 2, 9, 14, 17 and 20 Alcoholic Beverage Control licenses at 9 West Locust Street, Suite A. Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Commissioner Heinitz asked if this space was already a wine tasting room. Mr. Bereket stated that it was not. Hearinq Opened to the Public Jeff Hanson, applicant, came forward to answer questions. • Commission Heinitz asked which space this project was going to occupy. Mr. Hanson stated that it is the old Eilers Medical Supply. Public Portion of Hearing Closed Commissioner Heinitz asked if everything including the wine tasting room is being approved tonight. Director Bartlam stated that the applicant is requesting the full complement of their wine business except production, hence the number of licenses. The project is going to be a phased in project. Commissioner Kiser asked about parking. Director Bartlam stated that the project is within the downtown parking district and there are about four to six stalls adjacent to the alley. MOTION /VOTE: The Planning Commission, on motion of Commissioner Kiser, Cummins second, approved the request of the Planning Commission for a Use Permit to allow Type 2, 9, 14, 17 and 20 Alcoholic Beverage Control licenses at 9 West Locust Street, Suite A subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Kirsten, Kiser, Olson, and Chair Hennecke Noes: Commissioners — None Abstain: Commissioners — None Absent: Commissioners — Jones Chair Hennecke recused himself because his office is within a 300 foot radius of the project. Vice Chair Olson chaired the item. c) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Vice Chair Olson called for the public hearing to consider the request for a Use Permit to allow a Type -41 On -Sale Beer and Wine Alcoholic Beverage Control License at 2401 West Turner Road; Suite 222. Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Hearing Opened to the Public Masayuki Hattori, applicant, came forward to answer questions. • Commissioner Heinitz welcomed Mr. Hattori and wished his business well. 2 Approved by Planning Commission 4/13/11 Continued Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Cummins, Kiser second, approved the request of the Planning Commission for a Use Permit to allow a Type -41 On -Sale Beer and Wine Alcoholic Beverage Control License at 2401 West Turner Road; Suite 222 subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Kirsten, Kiser, and Olson Noes: Commissioners — None Abstain: Commissioners — None Absent: Commissioners — Jones and Hennecke Chair Hennecke rejoined the Commission. Chair Hennecke stated that the following items 3d, 3e, and 3f will be presented as one item. Director Bartlam stated that a presentation will be made on all three items and then the Commission can make a motion on the items separately. d) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Hennecke called for the public hearing to consider the request to Make Recommendation to The City Council to Certify The Proposed Mitigated Negative Declaration 10 -MND -03 as adequate Environmental Documentation for The Proposed Project. e) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Hennecke called for the public hearing to consider the request to make a recommendation to the City Council to annex 30 -acres of land south of the City limits for Commercial Development purposes; and request to Prezone associated with the annexation. f) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Hennecke called for the public hearing to consider the request for a Vesting Tentative Map to divide one parcel into nine commercial lots; and Site Plan and Architecture Review of the proposed Phase I of the proposed development. Associate Planner Bereket gave a PowerPoint presentation based on the staff reports for items 3d, e, and f. Mr. Bereket pointed out the changes provided on blue sheets to the original documents that are a part of the packet; additions are underlined and deletions are crossed out. Staff recommends approval of the project. Commissioner Heinitz asked if this project had been brought before the Commission before. Director Bartlam stated that it was not, but the Commission may have received a request to weigh-in on the environmental document that had been started in 2007 along with the earlier application. Vice Chair Olson asked if this property was already entitled because it was a part of the General Plan EIR. Director Bartlam stated that it is not. The General Plan provides policies for moving forward with this and future projects. Commissioner Olson requested that staff explain in more detail how the traffic mitigation issues are being addressed. Director Bartlam with the assistance of the aerial PowerPoint slide explained how this area over that last five years or so has seen significant environmental review. There was a traffic study done with the recently adopted General Plan. Prior to that, the Reynolds Ranch Project, the Southwest Gateway and Westside 3 Approved by Planning Commission 4/13/11 Continued Projects, and the stand -a -lone document for the Harney Lane Specific Plan all addressed the traffic for this area. Chair Hennecke asked what the process of prezoning entailed. Director Bartlam stated that the property can only be prezoned until LAFCO has approved the project for annexation. Commissioner Kiser asked about the widening timeline for Harney Lane. Director Sandelin stated that as for the widening of Harney Lane itself studies have shown that the most important designing capacity happens at the intersections. At the Harney Lane/West Lane intersection there will be two or three lanes in each direction on each side of the intersection that will handle not only the traffic from this project but for the Reynolds Ranch as well. Commissioner Kiser asked about the Union Pacific Rail Road underpass. Director Sandelin stated that the proposed design contract will be going to the City Council later this year for the preparation of design and environmental documents for this project. The project is already on the Public Utility Commission list for funding and is currently number thirty-two which is relatively high. Council's approach to that project is to have the plans done early in anticipation of funding. The decision to make it an underpass or overpass has not yet been determined. The overpass is less costly, but the underpass is visually more pleasing. Commissioner Kiser asked about the Stockton Street intersection. Director Sandelin stated that the Stockton Street intersection will remain. Hearina Opened to the Public • Mike Carouba, applicant, came forward to answer questions. Mr. Carouba stated that Mr. Steve Herum was also here to answer questions should the Commission have any for him. He stated the history of the property from the time that he has been involved with it. Mr. Carouba added that this intersection will be a very dynamic intersection for Lodi. He also feels this development will be a very convenient placement for the citizens of Lodi. • Vice Chair Olson asked if the specific user is for the first phase of the project could be disclosed. Mr. Carouba stated that in the first go -round with this application it was a medical user and Mr. Carouba and his group are trying very hard to get that type of user back. • Commissioner Kiser asked why this project should be approved when there are so many vacant commercial spaces already in Lodi including the shopping center directly across the street. Mr. Carouba stated that the only SPARC approval is for the office space. Retail tends to follow rooftops and the economy is not yet ready for that. • Commissioner Heinitz asked when the ground breaking would take place. Mr. Carouba stated that he would like to see it happen in about twelve to eighteen months. Commissioner Heinitz asked if there was a user under contract yet. Mr. Carouba stated that there is not. Public Portion of Hearing Closed • Commissioner Cummins asked staff if the items should be taken separately or all at once. Director Bartlam stated that they should be taken separately. • Commissioner Heinitz stated his concern for the viability of Lodi being able to maintain another project of this nature. • Commissioner Cummins stated that the vacancies around town tend to be in older establishments that are a little run-down. This project will definitely be a much more attractive space for potential business to be drawn to Lodi. Commissioner Heinitz stated that if Mr. Carouba develops and builds attracting the upper end clients which could make the area across the street more attractive to other individuals, this is where the catch twenty-two comes into effect making it difficult to make this decision. • Commissioner Kiser stated that there are very attractive buildings sitting vacant on the corner of Lower Sacramento Road and Kettleman Lane. He is afraid that the economy is not able to support this project. El Approved by Planning Commission 4/13/11 Continued Chair Hennecke stated that this project is out a year, year and a half and Mr. Carouba is taking the gamble that the economy will be turning around and supports the project. Commissioner Kirsten stated that he believes the Mitigated Negative Declaration meets the standards that it is required to meet and supports the project. Commissioner Cummins stated that the General Plan has this area zoned as Commercial and it will never be farmland again. With Costco about to open and the Reynolds Ranch Shopping Center being built out this is a great opportunity for this area and is in favor of the project. MOTION /VOTE: The Planning Commission, on motion of Commissioner Kirsten, Cummins second, approved the request of the Planning Commission to Make Recommendation to The City Council to Certify The Proposed Mitigated Negative Declaration 10 -MND -03 as adequate Environmental Documentation for The Proposed Project subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke Noes: Commissioners — Kiser Abstain: Commissioners — None Absent: Commissioners — Jones Commissioner Cummins asked for claification that the prezone is just a prelude to LAFCO's decision. Director Bartlam confirmed. MOTION /VOTE: The Planning Commission, on motion of Commissioner Heinitz, Cummins second, approved the request of the Planning Commission to make a recommendation to the City Council to annex 30 -acres of land south of the City limits for Commercial Development purposes; and request to Prezone associated with the annexation subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke Noes: Commissioners — Kiser Abstain: Commissioners — None Absent: Commissioners — Jones MOTION /VOTE: The Planning Commission, on motion of Vice Chair Olson, Kirsten second, approved the request of the Planning Commission for a Vesting Tentative Map to divide one parcel into nine commercial lots; and Site Plan and Architecture Review of the proposed Phase I of the proposed development subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Kirsten, Olson, and Chair Hennecke Noes: Commissioners — Kiser Abstain: Commissioners — None Absent: Commissioners — Jones 4. PLANNING MATTERS/FOLLOW-UP ITEMS None 5. ANNOUNCEMENTS AND CORRESPONDENCE Director Bartlam reminded the Commission that the Budget Strategy Meetings have been taking place the first and third Tuesday's of each month and Vice Chair Olson is the Planning Commission representative, but would like to extend the invite to the rest of the Commission if they wish to attend. 5 Approved by Planning Commission 4/13/11 Continued 6. ACTIONS OF THE CITY COUNCIL Director Bartlam stated that there is a memo in the packet and staff is available to answer any questions. 7. GENERAL PLAN UPDATE/DEVELOPMENT CODE UPDATE Director Bartlam stated that staff is still waiting for the final comments from the State on the Housing Element. The development code is moving forward now that the mechanics of the funding process has been completed. Staff anticipates having some effort in four to six weeks to help re -invigorate the Development Code update. 8. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE Commissioner Kiser gave a brief report regarding the meeting held earlier this evening and passed around the information from the SPARC packet. 9. ART IN PUBLIC PLACES Commissioner Kirsten gave a brief report regarding the meeting that was held last week. 10. COMMENTS BY THE PUBLIC None 11. COMMENTS BY STAFF AND COMMISSIONERS None 12. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:57 p.m. ATTEST: Konradt Bartlam Planning Commission Secretary Approved by Planning Commission 4/13/11 24 March 2011 Dear City Clerk, We are writing today to appeal the decision of the Lodi Planning Commission regarding the proposed annexation of a 30 acre tract of land located at the corner of Harney Lane and West Lane. There are several valid concerns with this proposed action and we know that the results will be detrimental to the city of Lodi and its citizens both now and in the future. The land that is under consideration is part of the extremely Iecdlle section that is the Cireenhelt separating Lodi and Stockton. For this reason alone the idea of covering it with concrete and other building materials is problematic from a health standpoint. We in this area deserve to have the choice of locally produced food and further erosion of this right is not in the best interests of Lodians, especially since we have the ability to control where our food comes From somethin(y not all communities are privileged to have. The lack of environmental review of the project is concerning fi-om another standpoint. The release of waste and the consumption of water that the new buildings will necessitate is not it matter to be dismissed lightly, as well as the natural flora and fauna that will be displaced. We have not seen any proposed environmental studies of the plan and arc dismayed that our concerns are being ignored. This is a matter that will impact future generations of Lodians. A view of the future that neglects long-term harm is one that is damaging in the short. term as we][. hinally, it is unclear as to how this fits into the long-term plan of`responsible growth Por our city. Other areas of California have a managed growth plan so that developers do not destroy the agricultural and economic foundation of their cities. We have already seen several instances of this being ignored, most notably in the Blue Shield and Costco developments on the west side of I lighway 99. This was promised to be sustainable development, with houses and parks as part of the plan. What we have instead is more pollution, more waste, and more people who do not care about our city taking up resources that rightfully belong to Lodi. Agriculture has been a part of Lodi's economy since before the turn of the 20`x' century, bringing jobs. manufacturin; the conviction that what is right must always triumph over what must be propped up by deceptions and half-truths. The actions of those who have presented this proposal to the Planning Commission are alarming. If this is good for Lodi why docs it have to be rushed through and agreed tipon without environmental and community considerations? 1'heburden of proof should rest upon those who have asked for the annexation in the first place. We ask that Lodi citizens too be given a voice. Therefore, we will look for written confirmation that you have received our appeal within ten (10) business days so that we can continue to explore options for the greater good of Lodi. We also ask that this decision be reviewed and more information be made available to those who will be most impacted by this action. Thank you, CC- Cathy Kaeh lei 1025 East Armstrong Road Lodi, CA 95242 Jennifer Robison From: Randi Johl Sent: Monday, April 18,201109:07 AM To: 'Mike and Colleen Lusk' Cc: City Council; Rad Bartlam; Steve Schwabauer; Jeff Hood; Jennifer Robison Subject: RE: Harney Lane Approval Page 1 of 1 Thank you for your email. It was received by the City Council, made a part of the record and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City d Lodi President. California Citi] Clerks Assoeiation League of California Cities - City Clerks Department 22I West Pine Street Lodi, California 95-140 (209) 333-6702 Telephone (209) 333-6807Facsimile From: Mike and Colleen Lusk [mailto:mclusk@softcom.net] Sent: Sunday, April 17, 201110:44 AM To: City Council Subject: Harney Lane Approval Lodi City Council: April 17, 2011 I vote NO on the approval of the center proposed on the corner of Harney Lane and West Lane. With the economy as it is and the open business spaces already in this City, I believe in -fill and the use of existing buildings is more appropriate. The approval of this projectjust leapfrogs the death of the core of the City. There are empty restaurants and office and other retaii spaces aii over town. I personally prefer that the expansion to the west when the economy improves rather than across the Harney Lane boundary. Respectfully Mike Lusk 2518 Colony Dr. Lodi, CA. mclusk a-softcom. net 04/18/2011 April 13,2011 2C; E APP 4 L A M 9: 52 Dear Mayor Johnson, cl i Y OF l.DDI After consulting our attorney on the recent annexation approved by the Planning Commission, it is my belief that the City of Lodi may be trying to circumvent the law by, among other things, adopting a mitigated negative declaration in lieu of compiling a full Environmental Impact Report (EIR). The CalifomiaEnvironmental Quality Act (CEQA) absolutely prohibits segmentation, and it appears that that is what the South Hutchins Annexation Project is doing, especially given the amount of agricultural land that has been converted to urban uses in Lodi in recent years. It is clear from the record that you are annexing one part of land at a time in order to avoid having to comply with CEQA's requirement that projects such as this require an EIR. CEQA requires that the project include all elements of an overall plan in its totality. Furthermore, after speaking with several landowners whom you averred were "all in favor" of this project, we have since identified agricultural landowners in areas surrounding the annexation who are not at all pleased by this loss and conversion of agricultural land and the locating of urban uses within their midst. Consequently, if the City Council intends to pursue this project without reassessing the City's position on what is required for CEQA compliance, we will work with other concerned landowners to make sure that the City of Lodi conforms to the requirements of the law. Please be aware that we are not opposed in principle to property development, and we are sympathetic to developers who wish to develop property without the costs and delays caused by undue bureaucratic red tape. Furthermore, we certainly understand the need and desire of the City of Lodi to attract and keep businesses, as well as encourage new employers to operate their businesses and hire local residents. However, we also strongly feel that there are other measures that the City of Lodi could, and should, be taking to encourage private industry in Lodi that do not involve expanding the city limits to increase its property tax base, as well as remove more and more acreage from agricultural uses, which have been instrumental in contributing to the history and character of this area of California. I cannot believe that you and other city officials lack other means, or lack any more intelligent ideas. on how to encourage the economic welfare of Lodi, than simply paving over more farmland. Thank you, Liz Nicolini CC: Council members Mounce, Hansen, Katzakiari, and Nakanishi. Page 1 of 1 Jennifer Robison From: Randi Johl Sent: Wednesday, April 20,201107:56 AM To: 'Michael Wilson' Cc: City Council; Rad Bartlam; Steve Schwabauer; Jeff Hood Subject: RE: proposed development Harney Lane/West Lane Thank you for your email. It was received by the City Council and forwarded to the City 11anager's office for information, responseand/or handling. Randi Johl, JD, MMC City Clerk, City ofLodi President. California City Clerks Association League of Califomzia Cities - City Clerks Department 229 WestPine Street Lodi, California 952¢0 (209) 333-6702 Telephone (209) 333-6807Facsi rnile From: Michael Wilson [mai Ito:myke44@sbcglobal.net] Sent: Tuesday, April 19, 201108:00 PM To: Randi Johl; Alan Nakanishi; Bob Johnson; JoAnne Mounce; Phil Katzakian; Larry Hansen Subject: proposed development Harney Lane/West Lane With all the vacant office and vacant retail stores that currently exist in Lodi, how on earth can you,our elected officials, even consider the proposed development of the land at the corner of Harney Lane/West Lane. Whatever happened to the so called "Green Belt"? This acreage is our "greenbelt"! ! Bridget Wilson Lodi Resident. 04/20/2011 Jennifer Robison From: Randi Johl Sent: Wednesday, April 20,201108:33 AM To: X Cabanya' Cc: City Council; Rad Bartlam; Steve Schwabauer; Jeff Hood Subject: RE: West Lane and Harney Lane -Contemplated Annexation -2 Page 1 of 1 Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City of Lodi President. California City Clerks Assoeiation League of Udifrn7i is Cities - City Clerks Department 221 West Pine Street Lodi, California 95240 (2o9) 333-6702 Telephone (209) 333-6807Facsimile From: K Cabanya [mailto:kcabanya@hdarnaiz.com] Sent: Wednesday, April 20, 201108:30 AM To: City Council Subject: West Lane and Harney Lane -Contemplated Annexation Dear City Council Members: Please do not annex the property located at the referenced site {whichis a strawberry field{ and was previously adjacent to a golf practice range and is surrounded on the south, east and west by ag uses. There are enough vacant properties and buildings within the City of Lodi which should be refurbished or re -fitted in order to prevent the appearance of a ghost town. The Costco center which will be located toward Highway 99 and is ideally barricaded from the subject site by a cherry orchard and a vineyard. It is an erroneous land -planning decision to annex valuable ag land to the City. The developers contemplating the annexation of this site, as previously, stated, should look to empty, in -fill areas in the City. For example, the K=Mart Shopping Center on Cherokee, the Plaza located on Highway 12 (with an I -Hop{, the Longs Center, locatedjust to the east of the Plaza and the empty buildings located adjacent to Lowe's. These centers have been unable to locate tenants and/or maintain the tenants they have. Thus, it behooves you, the City Leaders, to direct development towards these previously mentioned, empty centers and let the ag land remain ag land with all of ag's myriad benefits as befits an agricultural town, such as Lodi. Kathy Cabanya 04/20/2011 Gf2 From: Randi Johl Sent: Wednesday, April 20, 201110:22 AM To: 'Leach, Jon - WMO' Cc: City Council; Rad Bartlam; Steve Schwabauer; Jeff Hood Subject: RE: Annexing farmland Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi JoK JD, MMC City Clerk, City cf Lodi President, California City ClerksAssociation League d California Cities -City Clerks Department 22114test Fine Street Lodi, California 95240 (209.) 333-6702 Telephone (209) 333-6807Facsimile From: Leach, Jon - VM/10 [mailto:leachj@wellbound.com] Sent: Wednesday, April 20, 201109:29 AM To: Randi Johl; Alan Nakanishi; Bob Johnson; JoAnne Mounce; Phil Katzakian; Larry Hansen Subject: Annexing farmland Dear City Council Members, As a lifetime residentof Lodi, whose family has been in Lodi over 100years, I would encourageyou NOT to annex the 30 acres of farmland on the corner of Harney and West Lanes. One of the most unique qualities of Lodi is that it has remained a relatively small community while so many cities in California have chosen to lose their personalities by building as much and as quickly as they can. A year or two ago I spent an afternoon doing an informal count of commercial property that was vacant in the Lodi city limits. At that time there was over 100vacancies in retail properties, includingsome brand new buildings that were vacant. An example being the brand new buildings at the Lowe's shopping center that have been vacant since they were built 4 or 5 years ago. Building more commercial and retail space at this time will only increase blight, bring down the quaiity of iife in Lodi, and cause the rents of vacant retail buildingsto fall even lower. The American economy is probably decades away from becoming truly vibrant again. Building more developments during these economic times is definitely shortsighted. Another issue with building on Harney Lane at this time is that with the Reynolds Ranch traffic navigating that two lane road, traffic congestion will increase dramatically. I'm assuming at some point in time Harney will be widened to four or six lanes, which raises the question to the Council, how will building another four lane road in Lodi improve the quality of life for the average Lodi citizen? Any time there is a building project of this size the developers and contractors will make substantial amounts of profit. But how does that improve the quality of life for the average Lodi citizen? Any time any city increases in size, including Lodi, the quality of our schools, police protection, fire protection, city maintenance, bus service, and every other public service deteriorates. There has been a lot of opposition to this project, but I have yet to see one person, besidesthe developer support it. Thank you, Jon Leach Jon Leach, MSW Social Worker Wellbound of Modesto 1 1315 Tenth Street, Ste. 100 1 Modesto. CA. 95354 209.238.4080 phl 209.238.4084 fax www.satellitehealth.com WELLSOUND Pawq Wtfhl* a Fi+.-t.- Putting Wellness First.TM G-2 From: Randi Johl Sent: Wednesday, April 20, 201101:18 PM To: 'Beth Brampton' Cc: City Council; Rad Bartlam; Steve Schwabauer, Jeff Hood Subject: RE: Annexation on your agenda Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City of Lodi President, California City Clerks Association League d California Cities - City Clerks Department 221 West Pine Street Lodi. California 9524o (2o9) 333-6702 Telephone (->o9,) 333-6807Pacsimile From: Beth Brampton [mailto:bbrampton@gmail.com] Sent: Wednesday, April 20, 201101:04 PM To: City Council Subject: Annexation on your agenda Greetings, We are opposed to the proposed annexation of 30 acres of farmland south of Lodi for the following reasons: 1 / Lodi has plenty of empty office/commercial retail spaces. We don't need to build additional spaces to meet demand. Demand isn't there. 2/ Infilling is the smart way to build a livable community, not expansion. 3/ Lodians want a separation from Stockton - we don't want to move closer. Leave that land as a buffer! 4/ Valuable agricultural land is precious and limited. Don't pave it. Don't ruin it. It's our economic backbone. Sincerely, Beth Brampton 537 Calaveras St. Lodi, CA 95240 (We are not affiliated with any group; we arejust a family who loves Lodi.) �-Z From: Randi Johl Sent: Wednesday, April 20, 201111:44 AM To: 'Mary Jo Alyanak' Cc: City Council; Rad Bartlam; Steve Schwabauer, Jeff Hood Subject: RE: Oppose Harney &West Lane Development Please Thank you for your email. It was received by the City Council and forwarded to the City Manager's office for information, response and/or handling. Randi Johl, JD, MMC City Clerk, City cf Lodi President, California City Clerks Association League of California Cities - City 06-wks Deparhnent 221 West Pine Street Lodi. California 9240 (209) 333-6702 Telephone (209,) 333-6807Facsimile From: Mary Jo Alyanak [mailto:malyanak@earthlink.net] Sent: Wednesday, April 20, 201111:43 AM To: Randi Johl; Alan Nakanishi; Bob Johnson; JoAnne Mounce; Phil Katzakian; Larry Hansen Subject: Oppose Harney &West Lane Development Please Dear City Council, am a disabled person who cannot beat the meeting tonight. I stongly oppose the project that would take agricultural land at the Southwest corner of Harney & West Lane. That strawberry field actually benefits all who live in Lodi, not just one developer. It is wrong to open land to development when the General Plan actually envisions it only in the "sphere of infulence", and likely to be developed within 30 years. For you in the Council, that seems to mean you must immediately approve the "development". That is not the case at all. Three decades is a long time, and there are those in this community who still desire a green belt between Lodi & Stockton. You will steal that opportunity if you approve this foolish development. The strip mall on the Northwest corner of Harney & West Lanes has had "FOR LEASE" signs constantly, for the almost 20 years I have lived in Lodi, and regularly driven by that corner (about twice a week, every week). Lodi has nice, large pieces of land within the City limits to accomodate this development where the infrastructure already exists. There should be no reason at all for any City Council Memberto vote in favor of this, it is contrary to the interests of the people of Lodi. It enriches only the developer, not the community, which will loose a valued grower & business person. Why would you take this property while also trying to promote Lodi as a "tourist" destination, based on agriculture? You think that tourists do not enjoy roadside produce stands? Agriculture is one reason I like to leave Lodi, and visit Napa & Sonoma, where they do not allow their roads lined with businesses, unless they are agriculturally based. You will seal Lodi's fate with the way you vote on this project. If you take agricultural land for no reason, Californians will rightfully see through your promotion of Lodi as a "tourist" destination, and view it as just a San Joaquin County sham. Sincerely, MJ Alyanak 311 Watson Street CQ �XCN WN4, COAiUGS 2'� n C'e- we ave C -P L�� b�� m s �(v n c� l j E m 4ke anc) CBCs J(4 � U't X R OA April 20, 2011 To the City Council We are told this development will bringjobs. Sutter Health has offices in Lodi already, so most jobs will be moved out of these buildings leaving even more vacancies in the city. This development is premature. California is broke and Lodi is having fiscal woes according to the City Manager in this mornings edition of the Lodi News Sentinel. This development is leapfrog growth. Itwill be in the middle of prime Ag land, cherries on the East, grapes on the West and to the South. Lodi is not ready for this development. Vote NO on the South Hutchins Annexation Project. Thank you, 1 OO \ v---- . � � Y, 64--x- C) r, q PA "DiElcar- coup c -,k � V>j up AA -6 VoXc-cknA- C)+ -TVN �;�, Ou Mme, g��k I�UE4��� April 20,2011 Dear Council Member, I urge you to vote NO on the South Hutchins Annexation Project, Please build within the city and don't pave over agricultural land. The developer would rather hurt the citizens than hurt big business. Thank you. Sincerely, Vilma Ruotolo 4305 South Hutchins St. Lodi, CA 95240 I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address F, I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter ofpublic safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address "� Lo" j 11 �l ff2- M M. r << 11111"'67 ,,M405AI"160-111% ' X10 , .N,� �� M p I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 3 0 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Y Print Name Address Mau�& OR& 31 n IGf AA C/ � � Cf�l l Gt Yl 1 c / r helb4 CN40L, 240 I, the undersigned citizen of the United States, of the quaint town of Lodi, California petition the Lodi City Council to vote NO on the Annexation of 3 0 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter ofpublic safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address q--� -?d IZ, E Q 6I c rl/� r fi w A � co Dl 4 Lam' ; 7 rs_ I 'Salr"alt' q -?i9s 46 C er- q--� -?d IZ, I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address d l C'L VAC 12 %! zz Ve e b L0 SZ. Lui- GI - , SA C� Uc� (� °..�.. G.6,-" -L, i3 Z �� Agfi�cno' 2- &11 e Y) 1/1 Lkfs Of) ut I;' 4;��) C) V C�— S'C-A (D 6\ 1� ?-00111 Ly P P L 6,7 e 7 q S- 2, A. GM Zua rlSL4b I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address .TAU ,k) Mct c le c v sm S On 83s-, LJ- Hv r'ti R.•, L�� k-4 �� v tCA a4v� 4 5 t� 17 Z- 1 -(iv -, C ,, -V' 1� - -&I (e4 RAV 9A IP— F -L- Ds-:�&Q �- G ✓1 %OO l z �4- I, the undersigned citizen f the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter ofpublic safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address L CC C44 l � f Ley ` I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 3 0 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address man,�� _ O X.5aft ®Rff�� I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address �Glr �y y fro c COCO 8j( Ate, 4r 4FF MAII Zq , o 5 I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 3 0 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address I_� r= ,62-40 as . 0 CQj"b RIP L sTom Ly !. .�.0 I_� r= ,62-40 as . 0 CQj"b RIP I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address �Z r q- z/6 gL'g7I05L 6jZ4� I + w REM MIMM! MI/I V' W.' �t �i ' 4► �1. � �L� a _.alt �Z r q- z/6 gL'g7I05L 6jZ4� I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 3 0 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address o\v'y-y) 9 �'� ^ C-1 \�j k-�� b� VC -1, "Ihnrn ra WAZ ON -S U"f4 S4-. A -Z>7 I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address QV ze Lam, A D h� � a i S � i� c r�S� • � c� N Ad -4' q5-24,0 S Z ' �(a S, '"AIX Gvy i \ �-_ � � � �-5 J• j'- l.�'� 1. �'� S S �' l C�� ���'S"Z�jr� I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address ': 555A<.- w f / 2 Z 6 -/" r v9L ei :1 q 2 3 100, (n ham) c� .e f in C � �E1✓'�� A P14 I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address M �c- ,, Ju Id 6-r21 ISI ' ea 4 ... rVIA 6 1S' M)PS p2f M �c- I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 3 Q Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address �Cs lea! C t M a Co\D r �,P Sa r-� I �(q 1 CAI'::' V�A ; t�'1 --r{ 61 w � L, C' vi c �� 'AF'1 l LC->a� �Cs I, the undersigned citizen of the United States, of the quaint town of Lodi, California petiti, n the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area - Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address i z Seo IMA Fill o YMIf"111 Z Y 10.1 P P WA�O M� - 111 �/ �L i z Seo I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address c2S► to " R e- J © D G'Q 6t; C'_ , 5rzyo Vjuci /'�;"L-j I, the undersigned citizen of the United States, of the quaint town of Lodi, California, petition the Lodi City Council to vote NO on the Annexation of 30 Acres of farm land at the southwest corner of Harney and West Lanes. Whereas the food supply is a matter of public safety Whereas for future generations and for the continued domestic production of food- food should be grown in the area where it is consumed and consumers should have direct access to local grown produce Whereas agriculture has always been the financial foundation of the area Whereas other areas of California have a managed growth plan or no growth so that real estate developers do not destroy the agricultural and economic foundation of the area Whereas there are commercial spaces and vacancies available throughout the city which are unoccupied and can be developed Print Name Address ,�0 �A xf ' ala 3oZU_� � 3� Request for the City Council to: Certify Mitigated Negative Declaration Approve the South Hutchins Annexation Prezone the Property (Applicant: Michael Carouba, on behalf of FFLP) Requests ■ Mitigated Negative Declaration ■ Annexation ■ Prezoning/Rezoning Vicinitv Map City Council xn - _moi _;1 C„�p., �. �~:i3i�u-� _•. 1 }� 1*' � y � I it ,'�� `I�� r' � � � � �j � _ Mill ���T i� i � � C '� $ �— T. �- � � 5���;��• I cp .sem a �'' I"i. ] I �.� �'a� . ��,� }i a.N. Ato ,..� r f I �I� �I1��� �' 7e��' � � I � ' .�.. � � � � r� I ��it ��= , I .:��,,� '�" r � r �1 �,��+�``7 • � � � : � IL y�� �•� '°� HARNEY=_LN. j _ h Erol" II a- - SoufCe; Google Earth Pro, bas mag; 2008, 04 - 288- - -_ Aerial Map SCOTTSDALES'RM ae SPARC {F; jiLL r.' v gg■■. �. j _ h Erol" II a- - SoufCe; Google Earth Pro, bas mag; 2008, 04 - 288- - -_ Aerial Map SCOTTSDALES'RM ae SPARC Mitigated Negative Declaration ■ CEQA Guidelines Section 15152 Negative Declaration may be adopted if: ■ An Environmental Impact Report (EIR) has previously been prepared ■ No new impact ■ Consistent with the General Plan and Zoning Mitigated Negative Declaration ■ Mitigated Negative Declaration tiers off General Plan EIR 2009 (SCH#2009022075) ■ Consistent with General Plan ■ Site -Specific impacts have been mitigated . No new impacts beyond those identified and mitigated in the General Plan EIR exist . Imposes standard mitigation measures General Plan Map I Low Density Residential Mixed Use Corridor — Open Space 'OJnt — Medium Density Residential Business Park Armstrong Road Agricultural �� 1 — High Density Residential Offire Clus4er Study Area w, �tommcrdaI Public/Quasi-Public —Urban Reserve — Downtown Mixed Use CollegelSchool (Place holder) ------- Sphere of Influence (2008) — Mixed Use Center Industrial —•— City Limits (2008) Annexation Priority Map — Phase I rhase I F— rhase III — Urban Reserve ....... Sphere of Influence (2808) —.— City Limits (2008) 1 `ryas: 0 Sphere of Influence City of Lodi NNE 1-7-M-1Parcels =City Sphere of Influence 011 LODI SPHERE of INFLUENCE A HARNEY LANE -- 1 i -- - - — I- — — — - - -------- -- -- .. ------- L ate`,. q � xs +,Y uR's r n �! ✓�� ,'"°s. x . f .ino��l_.. 11 � f 1�2 ._ y.r.. PHASE 4{. . . a - ;\ - �a� x x{ x R1[S.EL 8 $ 7�R0 c -: r ..I �• . - i 1 ti yJFj1 AE a86 550' 3 f F: f< F(RC 1 1 R i y .+ i I 1 - n i i � 7Q. ,h:J I. q,t I ,�.• '<A. �. '�'. , �� �;:� ; N rL 7 _ l :a-0t <3 PARCEL 7-2.57} Ar 6. - _IIi —NI-114 DRIVE Al= III V i- ion iTTfITITi f i�Tr TL i + Fll�T�Fi TT I, ®�nRCEE.2-2..Sat Ac. t_ LA . 157 ` 4. 133 I 449 a ,xc 3aon s i 1 t 1 PARCEL 5 BSs- A, 415' LW.1. PHASE 3. ® ® _ 11h OFFICES > LLf OFFICES � Pte , OFFICES OFFICES R �— PHASE I �� (3 LEVELS y (2) LEVELS (2) LEVELS s 65,000 5F 38,100 SF V 4 - 33,100 5F li _ _ J am • _ ft q r ! 11W11L I LLLI I_ ll1LLLLLLI LLWILI Ll_tt i N EW ROAD NEW ROAD _ - - r�rn Ns �z wn=o=..a wwuPu eabveeuwvgre{ €Jj '�j It tl �- e esi ri ,� 6k. ��1._ _ Ilk. Ak A, .a ' 4 Landscape Plan: Phase I city council Elevation: Phase I city council Please immediately confirm receipt of thisfax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER APPROVAL OF THE FOLLOWING ITEMS: A) CERTIFY THE SOUTH HUTCHINS ANNEXATION MITIGATED NEGATIVE DECLARATION AS ADEQUATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED SOUTH HUTCHINS ANNEXATION PROJECT; B) APPROVE THE SOUTH HUTCHINS ANNEXATION PROJECT, WHICH INCLUDES AN ANNEXATION AND PRE -ZONING. PUBLISH DATE: SATURDAY, APRIL 9,2011 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, APRIL 7,2011 ORDERED BY: RANDI JOHL CITY CLERK r� JIFER M. OOBISON, CMC ISTANT CITY CLERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK Faxed„to the Sentinel at 365-1,084 6t (tune) on (date) (pages) LNS Phoned to confirm receipt of all pages at „ - � (bine)"CF.``MB (initials? forms\advins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER APPROVAL OF THE FOLLOWING ITEMS: A) CERTIFY THE SOUTH HUTCHINS ANNEXATION MITIGATED NEGATIVE DECLARATION AS ADEQUATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED SOUTH HUTCHINS ANNEXATION PROJECT; B) APPROVE THE SOUTH HUTCHINS ANNEXATION PROJECT, WHICH INCLUDES AN ANNEXATION AND PRE -ZONING On Thursday, April 7, 2011, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider approval of the following items: a) Certify the South Hutchins Annexation Mitigated Negative Declaration as Adequate Environmental Documentation for the proposed South Hutchins Annexation Project; b) Approve the South Hutchins Annexation Project, which includes an annexation and pre -zoning (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjurythat the foregoing is true and correct. Executed on April 7, 2011, at Lodi, California. 'y NIFER M ROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTCDD, DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER APPROVAL OF THE FOLLOWING ITEMS: A) CERTIFY THE SOUTH HUTCHINS ANNEXATION MITIGATED NEGATIVE DECLARATIONAS ADEQUATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED SOUTH HUTCHINS ANNEXATION PROJECT; B) APPROVE THE SOUTH HUTCHINS ANNEXATION PROJECT, WHICH INCLUDES AN ANNEXATION AND PRE -ZONING On Thursday, April 7, 2011, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing to consider approval of the following items: a) Certify the South Hutchins Annexation Mitigated Negative Declaration as adequate environmental documentation for the proposed South Hutchins Annexation Project; b) Approve the South Hutchins Annexation Project, which includes an annexation and pre -zoning, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on April 7, 2011, at Lodi, California. ff IFER ROBISON, CMSTANT CITY CLERK Forms/decmail.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: April 20, 2011 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl City Clerk Telephone: (209) 333-6702 NOTI OF PUBLIC HEA NOTICE IS HEREBY GIVEN that on Wednesday, April 20, 2011, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Approval of the following items: • Certify the South Hutchins Annexation Mitigated Negative Declaration as adequate environmental documentation for the proposed South Hutchins Annexation Project; • Approve the South Hutchins Annexation Project, which includes an annexation and pre -zoning. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: n andi Jo �ity Clerk Dated: April 6, 2011 D. Stephen Schwabauer City Attorney CIERMPUBHEARWOTICEMNOTCDD DOC 4/6/11 Kari Chadwick Distribution List Name: South Hutchins Annexation Project Members: Anne Cemey Don Rostomily Scott Robinson acemey@inreach.com rosty9@comcast.net sgrobison@softcom.net 1 EXHI,P.,IT B SouthHutchins Street Annexation Project Public Hearing Mailing List APN OWNER ADDRESSI CITY STATE ZIP 06020038'N% WA9115 1105 W1 LODI CA 95240 & RIZVANA 06020039 FREITAS, 1021 W LODI CA 95240 9ILLIAM J & HARNEY LNI E 06020040 ARQUILADA, 1015 W LODI CA 95240 LYDIA M TR 06021017 SANDOVAL, 1062 LODI CA 95240 OSCAR M & BRADFORD RUTH CIR 06021018 YOUNG, 1056 LODI CA 95240 BRIAN L & BRADFORD PATRICIA A CIR I TR 06021019 BUSAROW, 1050 LODI CA 95240 BETTY J TR BRADFORD 06021020 THOMPSON, 10441 LODI CA 95240 SCOTT W & BRADFORDI DOROTHY L 06022001 RENDON, 1007 W1 LODI CA 95240 ANTHONY & HARNEY LN MARIA 06022002 BAKKEN, 1001 W LODI CA 95240 TROY J HARNEY LN LORIS I. 06022029 OAKS z7` T,()T) 3525 W BEN STOCKTON CA 95215 06022030 NAZ]E!, 156 SWAIN LODI CA 9524C TARIQ DR 06022031 WINCHESTER PO BOXI WOODBRIDGE CA 9525E WOODS LLC 06022032 WINCHESTER PO BOXI WOODBRIDGE CA 9525E WOODS LLC 1070 06022033 MARTY, 2517 LODI CA 9524( JESSICA E WINCHESTER ST 06022034 WINCHESTER PO BOX WOODBRIDGE CA 95258 WOODS LLC 1070 06022035 WINCHESTER PO BOX WOODBRIDGE CA 95258 WOODS LLC 1070 06022036 WINCHESTER WOODS LLC 1070 06022037 WINCHESTER PO BOX WOODBRIDGE CA 95258 WOODS LLC 1070 06023003 MCCOY NORTH 310 JAMES PISMO CA 93449 LLC ETAL WAY STE BEACH 150 06024002 LODI, CITY CITY HALL LODI CA 95240 OF 06024007 SHERGILL, 1873 LODI CA 95242 HARBHAJAN JAMESTOWN SINGH DR 06025011 GLENBROUGH PO BOX LODI CA 95240 HOMES ETAL 14 South Hutchins Street Annexation Project Public Hearing Mailing List 06027015 OREJEL, 712 MCCOY LODI CA 95240 DAVID P & CT #49 BRENDA J ET 06226041 REYES, 446 CEDAR LODI CA 95240 INNIAS & CT SANDRA J 06226042 SOLIS, 842 W LODI LODI CA 95240 HECTOR AVE 06226043 SAWYER, 434 CEDAR LODI CA 95240 JEFFERY A CT 06226044 GALAMAY, 428 CEDAR LODI CA 95240 JIMMY D & CT CECILIA A 05810003 FF LP 540 S LODI CA 95242 MILLS AVE 05810004 BECKMAN, PO BOX LODI CA 95241 MARCIA A TR 1537 ETAL 05810015 MOHR PO BOX 97 MT EDEN CA 94557 ENTERPRISES LTD PTP 05811037 MOHR PO BOX 97 MT EDEN CA 94557 ENTERPRISES LTD PTP 05811047 F & L COSTA 13160 N LODI CA 95240 FANILY LP :THES'I' LAI