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HomeMy WebLinkAboutAgenda Report - February 17, 2016 G-01 PHAGENDA ITEM Goal CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Conduct a Public Hearing to Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision MEETING DATE: February 17, 2016 PREPARED BY: Community Development Department RECOMMENDED ACTION: Conduct a Public Hearing to consider the appeal of Bella Terra Plaza / Rio Valley Charter School for reconsideration of the Planning Commission project indecision. BACKGROUND INFORMATION: On January 13, 2016, the Lodi Planning Commission held a duly noticed public hearing for the Bella Terra Plaza / Rio Valley Charter School request for a Use Permit to allow a charter school into an existing tenant space at 1110 W. Kettleman Lane. The Rio Valley Charter School is a public charter school authorized by the Lodi Unified School District. The Charter School offers an alternative to traditional schooling and utilizes independent home schooling. Students do most of their schooling at home, coming to the site only for scheduled one-on-one meetings with credentialed teachers, as well as tutoring and small group workshops. At the meeting the Planning Commissioners and members of the public asked a number of questions about the charter school use and the current state of the proposed property. Unfortunately, the property owner was not able to attend the meeting and some concerns could not be answered and issues were unresolved. Based on the administrative record before them, the Planning Commission voted to approve the project and ended in a 3 to 3 indecision. This resulted in neither an approval nor denial of the project. In an effort to move the project forward, the applicant is appealing the Planning Commission decision to the City Council At the meeting there were a number of concerns presented about the Bella Terra Plaza building conditions, the compatibility of uses within the Plaza and the proposed charter school and the charter school use in that development. Representatives from the charter school were present to answer questions about the school operations and any existing concerns from the current charter school location at 1530 West Kettleman. APPROVED: 0 `Sf ephen Schw4baEue , City Manager Rio Valley Charter School Page 2 of 2 Concerns were raised about the current condition of the property involving a leaking building, incompatible exiting tenant uses that include restaurants that serve alcohol and a massage parlor, current homeless loitering in the area, student loitering at the commercial center and a pattern of building improvements that are done without City oversight. The property owner was unavailable to answer these questions and comments; they were not at the meeting. The Council is being requested to reconsider the indecision. Concerned residential neighbors and existing commercial tenants will be at the hearing. Planning staff have prepared a draft resolution for approval and draft resolution for denial. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Step h6chwab Community Development Director Attachments: 1) Planning Commission January 13th Minutes 2) Planning Commission Resolution 3) Planning Commission Packet 4) City Council Resolution for Approval 5) City Council Resolution for Denial LODI PLANNING COMMISSION REGULAR COMMISSION MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JANUARY 13, 2016 1. CALL TO ORDER / ROLL CALL The Regular Planning Commission meeting of January 13, 2016 was called to order by Chair Heinitz at 7:00 p.m. Present: Planning Commissioners — Cummins, Kirsten, Kiser, Olson, Absent: Planning Commissioners — Hennecke Also Present: Senior Planner Craig Hoffman, Deputy City Secretary Kari Chadwick 2. MINUTES "November 11, 2015" MOTION / VOTE: The Planning Commission, on motion of Commissioner November 11, 2015 as written. 3. PUBLIC HEARINGS Jo Chair Heinitz and Administrative Kiser second, approved the minutes of a) Notice thereof having been published ordin affi OGit of which publication is on file in the Community Develo ment Departm r Hei d for the public hearing to consider the request of th Commission pproval of se Permit to allow a charter school in an existing to spa 110 Kettlema ane. (Appli ant: Bella Terra Plaza, LLC; File 2015-40 U; CEQA D ination: pt per Sectio 5303) Senior Planner Staff is recommen t I u e rte as Commissioner roof leaking a eering regardi h en taken ca and le mold establi is that those con adhere to th e a brief VWerPoint presentation based on the staff report. WWQIQW&s conditioned with the amended language provided re is a letter provided on Blue Sheet that was received tated t as been to the site and there are a number of problems with ructura sues with the second floor. A report was done by Mike Smith We st ctural issues, but to his knowledge none of the items of concern r to date. He wanted to mention it because of his concern for the students lems due to the leaking. He is also concerned about the proximity of e alcohol. Mr. Hoffman stated that he will defer to the applicant to address added that this project is classified as a learning center and does not have to requirements as a traditional school in regards to ABC regulations. Commission6r Slater stated that mold can cause a number of health problems. He also added that he would like to hear from the applicant regarding the proximity of alcohol establishments. Chair Heinitz stated that he also has a problem with a school going in near so many establishments serving alcohol. Commissioner Olson stated that she would have had concerns regarding the proximity of alcohol if the students were being dropped off and left there all day, but that isn't the case with this type of learning center. She doesn't feel that this is the type of school that will promote loitering. Hearing Opened to the Public Page 2 of 4 November 11, 2015 PC Minutes Dr. Marcy Grill, Vice Principal for Rio Valley Charter School, came forward to answer questions. She gave a brief description of the style of school and the reason behind the move to this location. She added that they are looking to partner with Impact Sports, gymnastics business in the same area, for some of the student's physical exercise needs. Dr. Grill added that she worked at a different charter school at this location years ago. The school has been at their current location for four years and there have not been any complaints. • Commissioner Kirsten asked if while walking around the location had Dr. Grill encountered any problems with leaky roofs or mold issues. Dr. Grill stated that she has not encountered these problems, but she acknowledged that sh an academic administrator not a contractor. If there are any issues with mold she adamant in having the property management fix them to avoid any health pr s for the students and staff of the school. • Commissioner Kiser stated that he has tal with wrier of the gymnastic establishment and he is very unhappy with re on he has from the management for the plaza. Commissioner Slater agree o missioner and encouraged Dr. Grill to take a second look. Dr. Grill stat at she will look into th tion further. • Chair Heinitz asked if the school h ed into proximity to the of alcohol. Dr. Grill stated that they have gotte all cessa provals. • Commissioner Slater asked if the staff will d to ook for alcoho abuse. Dr. Grill stated that staff does the regular training to to signs of substance use and would not release a child to any pa hat is showing sign se. She added that all parents have to sign their student in and1JJJ§We reception des . • Rocky Bianchi, residentdire . location, ca and to express his concerns for the project. He has lived this ce befo Bella Terra Plaza was built and attended the meetings for the ' ina A,ianchi stated that there have been many cha the center a all of t ave been positive; for instance, the window of the plaza ere suppos to be obscured glass with only the top porn f the wi s able to ope r ventilation, now there are clear glass windows and wi that com ely open simi to a sliding glass door. He expressed a concern overt ess to a alleyway. Th sible loitering of the students and parking may be an is h nce of th uilding has deteriorated over the years. He does want to y o g around the corner in the neighborhood. Mr. Kiser some . Bianchi s cerns by stating that there are maintenance issues as we a po structural issues with the upstairs area. He added that he went by the loc efore a 'ng to look at the parking and the lot was full. Mr. Kiser stated that he h oken w e Building Office, Dennis Canright, regarding his concerns, but could not g ny det information regarding that discussion. CommissioJDch Ison asked for clarification from Mr. Bianchi regarding whether or not he la cts to sool, since it sounds like his concerns were mainly focused on the ition of a center. Mr. Bianchi stated that he does have concerns with the parking loitering that the school may cause. Ms. Olson asked if there is a problem with ymnastic establish and the number of students they have. Mr. Bianchi stated that does not have any concerns with that business. He stated that business is a cont ined situation. The kids are dropped off and picked up as soon as the classes are over or the parents stay at the location while the class is being conducted. Ms. Olson stated that is exactly what this type of school will be as well. The parents will drop off the student by checking them in at the reception desk, then come back and pick them up at that same location. Mr. Bianchi stated that because of the type of school there are concerns with the quality of student that will be attending. He added that these types of schools are geared toward trouble students. Ms. Olson stated her appreciation for the comments, but disagreed with the sentiment. 2 Page 3 of 4 November 11, 2015 PC Minutes • Commissioner Cummins stated his agreement with Ms. Olson statement. He added that just because a parent chooses to send their child to an alternate learning facility does not mean that they are a troubled student. • Commissioner Slater clarified that the yellow mats that are being installed in the rear area of the building are called truncated domes and they are installed for ADA path of travel. He is concerned with that area being a designated path of travel for the sight. He stated that he agrees with Commissioner Olson in that this type of school should not be an indication of trouble students. He added that he has concerns with the facility not the school. Commissioner Kirsten stated that staff has stated that will not be an issue, so he is not sure if this should be added that the proximity of establishments thatserve but the likelihood of this school having an alco concerned about what he has heard here tonight ar is hoping that since this school will be anin e n will be motivated to take some action t t e Commission could put conditions on the oject mand up to code and pass a mold test. offman atE those types of conditions in the n beca between the tenant and the landowner, at is put the Commission in an awkward plac or resolution that would put back some of the or con by recent construction su s the windows at t that there are exits to the the building bec there needs to be an un ath of trave emergency exit doors. It is n in be a primar there have not been any calls gardi nce fi just down the street on Kettlem La will allow rmit to be br back to t on the pro' nv of the con ions. JaPi urke, re: f th ct. F mainten f & t have a affect Com er Ki; being is Mr. the nal traffic at this location ncern f the Commission. He of isn't necessarily a perfect fit, incident is remote. He is Jing Sondition of the facility. He eratinfor them that they issuerstin asked if the ating towner to bring it d that io cannot put it womission in hkh-- role of the Omission. It will A ssion can pu conditions in the ditions that may have been undone of the building. Mr. Hoffman added f theassembly use and with that Vpublic right-of-way for any ess point. He also added that his school at its current location ys a condition in the resolution that emission if there are any issues with it directly behi the facility, came forward to express his concerns as had issues ds smoking in the alley as well as the general He added at they are already working in the space. He does chool, but more with the lack of facility maintenance rve on dents. staff to confirm if work has already begun without the permit !tated that there may be some demolition work being started. CarrieHut er, re�/�flent directly behind the facility, came forward to express her concerns fo project. There have been fights, drug sales, young girls being picked up nd she has d to call the police many times. This is not a safe development for kids. and her andkids tried to use the elevator and ran into a couple being intimate. Ms. ?qWche ded that all of her grandkids have gone to charter schools and she would not wa o attend a school at this site. This is not the right environment for children. Com ioner Kirstin asked if Ms. Hutmacher is familiar with the currently location of the sch . Ms. Hutmacher stated that she is familiar with that location. Mr. Kirstin asked if the conditions at the current location are different than this one. Ms. Hutmacher stated that the current location is much better. The opportunity for people loitering around the school at the current location doesn't exist there like it does at this location. Mr. Kirstin asked if it could be possible that this use going into this space could clean up some of the concerns that the residence have with the clientele that may be causing some of the issues. Ms. Hutmacher stated that the conditions have really gone down pretty far at this location and she does not see that being possible. She added that maybe if they had security walking around the facility that might help. 3 Page 4 of 4 November 11, 2015 PC Minutes Public Portion ofHeadna Clasen MOTION / VOTE: The Planning Commission, on motion of Commissioner Cummins, Kirsten second, finds that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, and denies the Use Permit to allow the Rio Valley Charter School in an existing tenant space at 1110 Kettleman Lane subject to the findings and conditions of approval contained in the draft resolution as amended on the Blue Sheet provided. The motion carried by the following vote: Ayes: Commissioners — Cummins, Kirsten and Olson Noes: Commissioners — Kiser, Slater and Chair Heinitz Absent: Commissioners - Hennecke The item was not approved or denied with a 3 to 3 ATTEST: 4PIangCommission dwick Secretary Craig t Senior R: M RESOLUTION NO. P.C. 16-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING THE REQUEST OF BELLA TERRA PLAZA, LLC FOR A USE PERMIT TO ALLOW THE RIO VALLEY CHARTER SCHOOL IN AN EXISTING TENANT SPACE AT 1110 W. KETTLEMAN LANE WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested Use Permit, in accordance with the Lodi Municipal Code, Section 17.74; and WHEREAS, the project proponents are Bella Terra Plaza, LLC, c/o Mr. Luis Bolinao, 201 Wilshire Blvd, Suite A28 Santa Monica, CA 90401; and WHEREAS, the project parcel is owned by Bella Terra Plaza, LLC, c/o Mr. Luis Bolinao, 201 Wilshire Blvd, Suite A28 Santa Monica, CA 90401; and WHEREAS, the project is located at 1110 W. Kettleman Lane, Lodi, CA 95240 (APN: 060-370- 01); and WHEREAS, the property has a General Plan designation of Mixed Use Corridor and is zoned Planned Development (15); and WHEREAS, a charter school requires the approval of a Use Permit by the Planning Commission; and; and WHEREAS, based upon the facts and analysis presented in the staff report, and public testimony received and subject to the conditions of approval listed below, the Planning Commission finds that the establishment, maintenance or operation for the requested use or building applied for, will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort, convenience and general welfare of the persons residing or working in the neighborhood of such proposed use, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence within the staff report and project file the Planning Commission finds: The project is found to be categorically exempt from CEQA review under 14 CCR §15303. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations and would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site of the proposed project can be adequately served by all required utilities and public services. 2. The existing Westgate Shopping Center is zoned PD (15), the underlying designation is general commercial. A school is allowed subject to a use permit in this zone. The project has been conditioned to be consistent with the zoning code and the use will not be detrimental to the welfare of persons or properties working, residing, or otherwise existing in the adjacent neighborhood areas. 3. The General Plan land use designation for the project site is Mixed Use Corridor, which permits the proposed use. The conditions for the restriction of the conditional use are consistent with the General Plan, will not affect neighborhood compatibility; and will not cause the operation of the conditional use to be detrimental to the welfare of persons or properties working, residing, or otherwise existing in the adjacent neighborhood areas. 4. There are no proposed changes to the site and the proposed use is consistent with the Zoning Code and the General Plan policies. As such, the subject site is adequate in size and shape to accommodate the proposed use within a commercial area with all the required off-street parking provided on the subject site. Further, the project will not have a negative effect on the public health, safety, or welfare; or be materially injurious to persons, properties or improvements in the vicinity. 5. The existing use complies with all requirements as set forth for the issuance of a Use Permit, in that the site is adequate in size, shape and topography for the proposed use, consisting of an existing building. 6. The site is located in a commercial area that is accessible from public streets. Existing street networks are adequate in size and shape to accommodate the quantity and quality of traffic generated by the proposed use without any significant impacts to the street system. 7. The proposed use, as conditioned, will not have an adverse effect upon the use, enjoyment or valuation of property in the neighborhood because the proposed use will be located within an existing facility and no expansion is proposed. 8. The proposed use, as conditioned, will not have an adverse effect upon the use, enjoyment or valuation of property in the neighborhood because the proposed use will be located within an existing building with no additions to the footprint of the building. 9. The proposed use would not have a substantial adverse economic effect on nearby uses because operation of a restaurant/bar in accordance with applicable laws and under the conditions of this Use Permit is anticipated to be an economic benefit to the community. 10. The proposed use can be compatible with the surrounding use and neighborhood if the business is conducted properly and if the Applicant/Operator works with neighboring businesses and residents to resolve any problems that may occur. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that Use Permit Application No. 2015-40 is hereby approved, subject to the following conditions: Community Development -Planning The applicant/project proponent and/or 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 Use Permit 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 Use Permit 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 applicant/project proponent and/or property owner and/or developer and/or successors in interest and management shall operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard 2 shall control. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 3. If operation of this use results in conflicts pertaining to parking, noise, traffic, loitering, public safety or other impacts, at the discretion of the Community Development Department, this conditional use permit may be referred to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit bound upon applicable findings. 4. The City Council, Lodi Police Department, the Planning Commission and City staff may, at any time, request that the Planning Commission conduct a hearing on this Use Permit for the purpose of amending or adding new conditions to the Use Permit or to consider revocation of the Use Permit if the Use Permit becomes a serious policing problem. 5. The subject property and its immediate surrounding shall be maintained neat and clean at all times. The subject property and its immediate surrounding shall be maintained free from debris and graffiti at all times. The property owner shall remove any debris or graffiti within 24 -hours upon notification by the City. Litter on the site and any litter scattered on nearby property, streets, and sidewalks shall be removed daily. If necessary, the applicant shall steam clean the project site and its immediate surrounding premises as often as needed. 6. In the event of graffiti or other extraneous markings occurring, the applicant/operator and/or successors in interest and management shall remove or cover said markings, drawings, or signage within 24 hours of such occurrence, weather permitting. Paint utilized in covering such markings shall be of a color that matches, as closely as possible, the color of the adjacent surfaces. 7. Any change in operational characteristics, expansion in area or other modification to the approved plans shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. The applicant shall obtain Operational Permits from the Lodi Fire Department, Fire Prevention Bureau. The Operational Permits shall be obtained prior to commencement of sale of alcohol. The Fire Department may be contacted at 25 East Pine Street, Lodi, CA 95240-2127. Phone Number (209) 333-6739. 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. 10. No variance from any City of Lodi adopted code, policy or specification is granted or implied by this approval. 11. Rio Valley Charter School shall operate as described below. Substantial changes shall require subsequent review by the Planning Commission: • Rio Valley serves students in grades K through 12. • Rio Valley Learning Center will serve a total of approximately 300 students, typically 30 to 40 students would be at the facility at one time. • Students will come to the learning center during pre -scheduled appointment times and as needed to accomplish their studies. 3 • The school's typical operational hours will be Mondays — Thursdays, opening at 9:00 am and closing by 3:30 pm, and Fridays from 9:00 am — 12:00 pm. • Any special events or activities outside of regularly scheduled hours should not impact Bella Terra Plaza operations. 12. The alley to the south of the building will not be used for student drop off or pick up. 13. Students will not loiter in the alley or surrounding neighborhoods. 14. The windows on the second story of the Bella Terra Plaza were originally fogged / screened for residential privacy. These windows need to be restored to original condition prior to charter school occupancy. Building and Safety 15. Any changes to the existing building, which are regulated by the current codes, shall require a building permit. All plan submittals shall be based on the City of Lodi Building Regulations and currently adopted 2013 California Building code. Please review our policy handouts for specific submittal procedures. 16. The occupancy classification for portions of the existing building will change from an M/B to an E. Verify that this educational occupancy is allowed in the building. Plans to specify and show that in each story, the building area shall be such that the sum of the ratios of the actual building area of each separated occupancy, divided by the allowable building area of each separated occupancy shall not exceed 1. 2013 CBC, Section 508.4.2 17. Plans to specify the occupancies of the adjoining suites. A two hour fire separation (1 hour in sprinklered building) is required between the E occupancy and any B, M or S occupancies to either side and/or above this suite as per 2013 CBC, Section 508.4 and Table 508.4. Plans to provide listing information for the existing horizontal and vertical fire barriers. Or provide complete and adequate construction details and listing information for retrofit of existing walls and floor/ceiling assembly to provide the required fire rated barriers, so as to completely separate the adjacent occupancies. 2013 CBC, Sections 508.4, 707, & 711 18. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number specified by 2013 CPC, Table 422.1. Plumbing occupant load shall be calculated using the plumbing occupant load factor specified by 2013 CPC Table A for each area use. The required number of plumbing fixtures (water closets, urinals, lavatories and drinking fountains) shall be provided, as specified for the occupancies by 2013 CPC, Table 422.1. 19. All buildings housing a Group E occupancy shall front directly on a public street or an exit discharge (sidewalk) not less than 20' in width to a public street. The exit discharge shall be unobstructed and maintained only as access to the public street. At least one required exit shall be on the public street or exit discharge. The exit discharge is to be accessible. 2013 CBC, Section 442.1.1 20. Any new doors or newly required entrance or exit doors are required to be accessible. The 2013 CBC, Section 11 B-206.4.1 requires all entrances and ground -floor exit doors to building and facilities shall be accessible to persons with disabilities and shall be connected by an accessible route to the public way. Plans to specify and show the accessible path of travel from any new door(s) to the public way or to an area of safe dispersal in compliance with 2013 CBC, Section 1027.5, Exception. 21. Plans to specify walkways and sidewalks along accessible routes of travel (1) are continuously accessible, (2) have maximum 1/2" changes in elevation, (3) are minimum 48" in width, (4) have a maximum 2% cross slope, and (5) where necessary to change elevation at a slope 0 exceeding 5% (i.e., 1:20) shall have ramps complying with 2013 CBC, Section 11 B-405 or 11 B- 406 as appropriate. 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 shall be defined by a continuous detectable warning which is 36" wide, complying with 2013 CBC, Sections 11 B-247.1.2.5 & 11 B-705.1.2.5. 22. If the calculated occupant load for any area of the building exceeds 49, the plans shall show: a) A minimum of two (2) exits that are separated by a minimum of 1/2 (1/3 in sprinklered buildings) of the diagonal distance of the area served. 2013 CBC, Section 1015.2.1 b) Exit doors shall swing in the direction of egress travel. 2013 CBC, Section 1008.1.2 c) The exit doors and exit access doors shall be equipped with panic hardware. 2013 CBC, Section 1008.1.10 d) A means of illuminating the egress path of travel in case of power failure, including path to the egress doors, the corridor and the exterior landings. The emergency power system shall provide backup power for the duration of at least 90 minutes and shall illuminate the path of travel at the rate of an average of 1 foot candle at floor level. 2013 CBC, Sections 1006.1 thru 1006.3.1 e) Show locations of required illuminated exit signs. 2013 CBC, Section 1011 f) Provide complete and adequate details and locations of the required tactile exit signs at the following locations: 1. Each grade -level exterior exit door shall be identified by a tactile exit sign with the word, "EXIT." 2. Each exit access door from an interior room or area that is required to have a visual exit sign, shall be identified by a tactile exit sign with the words, "EXIT ROUTE." 2013 CBC, Section 1011.4 23. It appears that the building is equipped with fire sprinklers. Any alteration to the existing Fire Sprinkler system shall be submitted under a separate permit and cover to the Building Department by a C-16 licensed contractor. 24. A manual and automatic fire alarm system is required in group E occupancies with an occupant load of 50 or more persons or contains more than 1 classroom or 1 or more rooms used for day care. New Fire Alarm System or any alterations to the existing Fire Alarm System shall be submitted under a separate permit and cover to the Building Department by a C-10 licensed fire alarm contractor. 2013 CFC, Section 907.2.3 25. The plans show three new doors openings cut into CMU wall located between Suites #10 and #11. Building Permit #14,418A, for the original building identifies the wall as a 2 hour fire rated area separation wall required for increased allowable area. Plans to specify and show the door openings shall not exceed 25% of the wall area and minimum 1 1/2 hour fire rated doors will be installed. 2013 CBC, Sections 706.4, 706.8, 716.5 & Tables 706.4, 716.5 26. The California Building Code (Title 24 Section 11113-202) requires that existing buildings, when alterations are made, shall be verified for compliance with disabled access requirements. These requirements shall apply only to the specific area of alteration and shall include an accessible entrance, an accessible route to the altered area, at least one accessible restroom for each sex, telephones and drinking fountains (if existing), and when possible additional items such as parking, storage and alarms. 5 If the construction costs of the alterations to the building are less than the current valuation threshold of $139,934.00 and if the cost of the above listed accessibility upgrades are disproportionate (exceeds 20% of the project without the upgrades), then the required accessibility upgrades may be provided to the extent that is proportionate (20% of the valuation) as per 2013 CBC, Section 11B-202.4, Exception 8. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access. I certify that Resolution No. 16-01 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on January 13, 2016 by the following vote: AYES: Commissioners: Cummins, Kirsten and Olson NOES: Commissioners: Kiser, Slater and Chair Heinitz ABSENT: Commissioners: Hennecke ATTEST Secretary, Planning Commission CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: January 13, 2016 APPLICATION NO: Use Permit: 2015-40 U REQUEST: Request for Planning Commission approval of a Use Permit to allow a charter school in an existing tenant space at 1110 Kettleman Lane. (Applicant: Bella Terra Plaza, LLC; File 2015-40 U; CEQA Determination: Exempt per Section 15303) LOCATION: 1110 W. Kettleman Lane APN 060-370-01 APPLICANT: Bella Terra Plaza, LLC c/o Mr. Luis Bolinao 201 Wilshire Blvd, Suite A28 Santa Monica, CA 90401 PROPERTY OWNER: Bella Terra Plaza, LLC c/o Mr. Luis Bolinao 201 Wilshire Blvd, Suite A28 Santa Monica, CA 90401 RECOMMENDATION Staff recommends that the Planning Commission approve the Use Permit request of Bella Terra Plaza, LLC to allow a charter school into an existing tenant space at 1110 W. Kettleman, subject to the conditions in the attached resolution. PROJECT/AREA DESCRIPTION General Plan Designation Zoning Designation: Property Size: Mixed Use Corridor PD (15) Planned Development 3.54 acres The adjacent zoning and land use characteristics: ADJACENT ZONING DESIGNATIONS AND LAND USES GENERAL PLAN ZONING CLASSIFICATION EXISTING LAND USE North Mixed Use Corridor Mixed Use Corridor offices South Low Density Residential PD(15) Low Density Residential Single family residences East Mixed Use Corridor PD(15) Commercial commercial businesses West Mixed Use Corridor PD(15) Commercial commercial businesses REQUEST Bella Terra Plaza, LLC is requesting a Use Permit for existing Suites 9, 10 and 11 totaling 7,000 sq ft. The tenant space previous contained a health club and karate studio. Rio Valley Charter School is a public charter school authorized by the Lodi Unified School District. The Charter School offers an alternative to traditional schooling and utilizes independent home schooling. Students do most of their schooling at home, coming to the site only for scheduled one-on-one meetings with credentialed teachers, as well as tutoring and small group workshops. • Rio Valley serves students in grades K through 12. • Rio Valley will serve a total of approximately 300 students, but no more than 30 to 40 students would be at the facility at one time. • Students will only come to the learning center during pre -scheduled appointment times. • The school's operational hours will be Mondays — Thursdays, opening at 9:00 am and closing by 3:30 pm, and Fridays from 9:00 am — 12:00 pm. • The school would need approximately 45 to 50 parking spaces at peak demand. The Rio Valley Charter School currently operates at 1530 W. Kettleman Lane and has for the past three and a half years. The current charter school is comprised of 2 tenant spaces that are separated by a mortgage company. The Charter school is looking to consolidate the use into one space for efficiency. The Bella Terra plaza also offers retail spaces that can complement the school use including restaurants and a health club for physical education activities. ANALYSIS The discretionary Use Permit procedure enables Planning and other city staff to impose conditions designed to avoid, minimize or mitigate potentially adverse effects of a certain use upon the community or other properties in the vicinity. Staff believes that the Planning Commission can make the required findings, in accordance with Lodi Development Code § 17.40.040(F), to approve the requested Use Permit. The required findings are as follows: The proposed use is allowed with a Use Permit within the applicable zoning district and complies with all applicable provisions of this Development Code. Comment: The existing Terra Bella Plaza is zoned PD (15), the underlying designation is general commercial. A school is allowed subject to a use permit in this zone. The project has been conditioned to be consistent with the zoning code and the use will not be detrimental to the welfare of persons or properties working, residing, or otherwise existing in the adjacent neighborhood areas. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Comment: The General Plan land use designation for the project site is Mixed Use Corridor, which permits the proposed use. The conditions for the restriction of the conditional use are consistent with the General Plan, will not affect neighborhood compatibility; and will not cause the operation of the conditional use to be detrimental to the welfare of persons or properties working, residing, or otherwise existing in the adjacent neighborhood areas. K 3. The location, size, design and operating characteristics of the use or development is compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements. Comment: There are no proposed changes to the site and the proposed use is consistent with the Zoning Code and the General Plan policies. As such, the subject site is adequate in size and shape to accommodate the proposed use within a commercial area with all the required off-street parking provided on the subject site. Further, the project will not have a negative effect on the public health, safety, or welfare; or be materially injurious to persons, properties or improvements in the vicinity. 4. The location, size, design, and operating characteristics of the proposed use is compatible with the existing and future land uses in the vicinity. Comment: The existing use complies with all requirements as set forth for the issuance of a Use Permit, in that the site is adequate in size, shape and topography for the proposed use, consisting of an existing building. Second, the site is located in a commercial area that is accessible from public streets. Existing street networks are adequate in size and shape to accommodate the quantity and quality of traffic generated by the proposed use without any significant impacts to the street system. Third, the proposed use, as conditioned, will not have an adverse effect upon the use, enjoyment or valuation of property in the neighborhood because the proposed use will be located within an existing facility and no expansion is proposed. 5. The proposed project is in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines. Comment: The project is found to be categorically exempt from CEQA review under 14 CCR §15303. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations and would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site of the proposed project can be adequately served by all required utilities and public services. Staff believes the Commission can make the required findings to approve the Use Permit as proposed. In staff's opinion, the proposed modification would not produce any adverse impacts on the adjacent properties in terms of noise, parking, litter, disorderly behavior, or other objectionable influences. The permit is conditioned to mitigate typical concerns related to traffic and parking associated with a school. If, in the future, concerns arise, and the Director/Police Department determines it necessary, the Use Permit can be subject to review by the Planning Commission to consider the business's operation for compliance with the conditions of the Use Permit. ENVIRONMENTAL ASSESSMENT: The project is found to be categorically exempt from CEQA review under 14 CCR §15303. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations and would not result in any significant effects relating to traffic, noise, air quality, or water quality, 9 and the site of the proposed project can be adequately served by all required utilities and public services. PUBLIC HEARING NOTICE: Legal Notice for the Use Permit was published in the Lodi News Sentinel on Saturday, January 2, 2016. Sixty-two (62) public hearing notices were sent to all property owners of record within a 300 -foot radius of the project site as required by California State Law §65091 (a) 3. Public notice also was mailed to interested parties who expressed their interest of the project. RECOMMENDED MOTIONS Should the Planning Commission agree with staff's recommendation, the following motion is suggested: "I move that the Planning Commission adopt a Resolution finding that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, and adopt a Resolution approving the Use Permit to allow the Rio Valley Charter School in an existing tenant space at 1110 W. Kettleman Lane subject to the findings and conditions of approval contained in the draft Resolution." ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the request with attached or alternate conditions • Deny the request • Continue the request. Respectfully Submitted, Concur, Craig Hoffman Senior Planner ATTACHMENTS: A. Vicinity/ Aerial Map B. Floor plans C. Draft Resolution Stephen Schwabauer Community Development Director 4 - ��.+ - • �v � � ����'� . , _ ; rhe - .. �ti�.i=�' y>�r_v,&;:.. "'T :� 4p may, � er ! •� . A' Ir •�' ,�.'.$.�,�. ' 2�� �.. .� �.b. �.•.N �. _�'� .. _ .r ate.. �; �2..-k�rky:$r,-5��•� sl _ . i ill .k �� � �. , �. � e�:����',- �-'•►r Y�'.�r� �. '- , I Ing sY • • TM .,w �rJ•_� .. .. � �r�;� � , .. � -,w%-- IL all;-' 1It , .� is .'f 1•Y .. TSH � •� � .. '�'''� -� • F , y Y _ Mx ... Af .. li j � s .. � � � � �.. ,'r"_ - ''�i ' ,. - .. -4r-•....��^:'I�:. SIL• - �-�e � �s�r v � -• ff �. RIO VALLEY CHARTER LEARNING CENTER 1110 West Kettleman Lane, Units 9,10 &11 Bella Terra Paza, Lodi CA FLOOR PLAN A.L.T.A./A.C.S.M.1 LAND TITLE Z-FINIL --Alf jim Jjwj SURVEY I T Yl r !17 P.' ' Lv V1, - -- - - - - - - - - -- - - - - - - - - - - Rj!ojf' 'II A IL 1 11 =Z im A I'M ":10 1111j- PIC 9I'l ',IQ ­ �Kjff L .,b L -1wim-W A I'M ":10 1111j- PIC 9I'l ',IQ t rl! LA L kA Ln o 0j, 47. N N C CD 140J � fG C5 � 1 ALAi � r.i �• 1 C C j Bella Terra Plaza Site Plan January 7, 2016 City of Lodi Planning Commission Attn: Craig Hoffman Lodi Planning Division Re: Use Permit to allow a charter school at 1110 Kettleman Lane Dear Craig, A Notice of Public Hearing to consider a request for Planning Commission approval of a use Permit to allow a charter school in an existing tenant space at 1110 Kettleman Lane was sent to our neighborhood. Applicant Bella Terra Plaza, LLC; File 2015-40 U; CEQA Determination Exempt per Section 15303. We have concerns about the school and would like to express them in this letter. If stipulations could be included in the use permit to ease our concerns it would be greatly appreciated. Our requests are as follows: 1. There will be no access to the school through the alley doorways. No student drop-offs in the alley. 2. The students will not be allowed in the alley at anytime. 3. There will be no loitering in the surrounding neighborhoods. We also have concerns about the building maintenance. We have gone before the Commission when the building was originally approved -The windows on the second story are all supposed to be obscured glass with only the top panel opening. There is now a Yoga studio with a clear glass window that is open most of the business hours. There is also a sliding glass door that was installed during remodeling that is still there. If someone were to step out they would fall directly to the ground. There is also construction going on in the alley at all hours and days of the week. Presently there are doors being replaced with clear glass and curbs being poured. We would like to know if permits have been issued for the work and is this planned for alley access. Prior to the construction the doors were solid metal and used for delivery only. We would also like the following stipulation included in the use permit and be completed prior to tenant occupancy. 4. All windows are to be replaced on the second story to the original code. Please let us know if our stipulations will be included in the use permit. Thank you for your help with this matter. Sincerely, Linda Bianchi representing The surrounding Neighborhood of Chianti Drive and Brandywine RESOLUTION NO. 2016-23 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE REQUEST OF BELLA TERRA PLAZA, LLC, FOR A USE PERMIT TO ALLOW THE RIO VALLEY CHARTER SCHOOL IN AN EXISTING TENANT SPACE AT 1110 WEST KETTLEMAN LANE WHEREAS, the City Council of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested Use Permit, in accordance with Lodi Municipal Code Section 17.74; and WHEREAS, the project proponents are Bella Terra Plaza, LLC, c/o Mr. Luis Bolinao, 201 Wilshire Boulevard, Suite A28, Santa Monica, California, 90401; and WHEREAS, the project parcel is owned by Bella Terra Plaza, LLC, c/o Mr. Luis Bolinao, 201 Wilshire Boulevard, Suite A28, Santa Monica, California, 90401; and WHEREAS, the project is located at 1110 West Kettleman Lane, Lodi, California, 95240 (APN 060-370-01); and WHEREAS, the property has a General Plan designation of Mixed Use Corridor and is zoned Planned Development (15); and WHEREAS, a charter school requires the approval of a Use Permit by the Planning Commission / City Council; and WHEREAS, based upon the facts and analysis presented in the staff report and on public testimony received and subject to the conditions of approval listed below, the City Council finds that the establishment, maintenance or operation for the requested use or building applied for, will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort, convenience and general welfare of the persons residing or working in the neighborhood of such proposed use, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence within the staff report and project file, the City Council finds: 1. The project is found to be categorically exempt from CEQA review under 14 CCR §15303. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and is consistent with the applicable general plan designation and all applicable general plan policies, as well as with the applicable zoning designation and regulations, and would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site of the proposed project can be adequately served by all required utilities and public services. 2. The existing Bella Terra Plaza is zoned PD (15), the underlying designation is general commercial. A school is allowed subject to a Use Permit in this zone. The project has been conditioned to be consistent with the zoning code and the use will not be detrimental to the welfare of persons or properties working, residing, or otherwise existing in the adjacent neighborhood areas. 3. The General Plan land use designation for the project site is Mixed Use Corridor, which permits the proposed use. The conditions for the restriction of the conditional use are consistent with the General Plan; will not affect neighborhood compatibility; and will not cause the operation of the conditional use to be detrimental to the welfare of persons or properties working, residing, or otherwise existing in the adjacent neighborhood areas. 4. There are no proposed changes to the site and the proposed use is consistent with the Zoning Code and the General Plan policies. As such, the subject site is adequate in size and shape to accommodate the proposed use within a commercial area with all the required off-street parking provided on the subject site. Further, the project will not have a negative effect on the public health, safety, or welfare; or be materially injurious to persons, properties or improvements in the vicinity. 5. The existing use complies with all requirements as set forth for the issuance of a Use Permit, in that the site is adequate in size, shape, and topography for the proposed use, consisting of an existing building. 6. The site is located in a commercial area that is accessible from public streets. Existing street networks are adequate in size and shape to accommodate the quantity and quality of traffic generated by the proposed use without any significant impacts to the street system. 7. The proposed use, as conditioned, will not have an adverse effect upon the use, enjoyment or valuation of property in the neighborhood because the proposed use will be located within an existing facility and no expansion is proposed. 8. The proposed use, as conditioned, will not have an adverse effect upon the use, enjoyment or valuation of property in the neighborhood because the proposed use will be located within an existing building with no additions to the footprint of the building. 9. The proposed use would not have a substantial adverse economic effect on nearby uses because operation of a charter school in accordance with applicable laws and under the conditions of this Use Permit is anticipated to be an economic benefit to the community. 10. The proposed use can be compatible with the surrounding use and neighborhood if the business is conducted properly and if the Applicant/Operator works with neighboring businesses and residents to resolve any problems that may occur. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the City Council of the City of Lodi that Use Permit Application No. 2015-40 is hereby approved, subject to the following conditions: Community Development -Planning The applicant/project proponent and/or 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 Use Permit 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 Use Permit 2 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 applicant/project proponent and/or property owner and/or developer and/or successors in interest and management shall operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 3. If operation of this use results in conflicts pertaining to parking, noise, traffic, loitering, public safety or other impacts, at the discretion of the Community Development Department, this conditional Use Permit may be referred to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional Use Permit bound upon applicable findings. 4. The City Council, Lodi Police Department, the Planning Commission and City staff may, at any time, request that the Planning Commission conduct a hearing on this Use Permit for the purpose of amending or adding new conditions to the Use Permit or to consider revocation of the Use Permit if the Use Permit becomes a serious policing problem. 5. The subject property and its immediate surrounding area shall be maintained neat and clean at all times. The subject property and its immediate surrounding area shall be maintained free from debris and graffiti at all times. The property owner shall remove any debris or graffiti within 24 hours upon notification by the City. Litter on the site and any litter scattered on nearby property, streets, and sidewalks shall be removed daily. If necessary, the applicant shall steam clean the project site and its immediate surrounding premises as often as needed. 6. In the event of graffiti or other extraneous markings occurring, the applicant/operator and/or successors in interest and management shall remove or cover said markings, drawings, or signage within 24 hours of such occurrence, weather permitting. Paint utilized in covering such markings shall be of a color that matches, as closely as possible, the color of the adjacent surfaces. 7. Any change in operational characteristics, expansion in area or other modification to the approved plans shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. The applicant shall obtain Operational Permits from the Lodi Fire Department, Fire Prevention Bureau. The Fire Department may be contacted at 210 West Elm Street, Lodi, California, 95240, telephone number (209) 333-6739. 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. 10. No variance from any City of Lodi adopted code, policy or specification is granted or implied by this approval. 3 11. Rio Valley Charter School shall operate as described below. Substantial changes shall require subsequent review by the Planning Commission: • Rio Valley Charter School serves students in grades K through 12. • Rio Valley Learning Center will serve a total of approximately 300 students; typically 30 to 40 students would be at the facility at one time. • Students will come to the learning center during pre -scheduled appointment times and as needed to accomplish their studies. ■ The school's typical operational hours will be Mondays — Thursdays, opening at 9:00 a.m. and closing by 3:30 p.m., and Fridays from 9:00 a.m. — 12:00 p.m. • Any special events or activities outside of regularly -scheduled hours should not impact Bella Terra Plaza operations. 12. The alley to the south of the building will not be used for student drop off or pick up. 13. Students will not loiter in the alley or surrounding neighborhoods. 14. The windows on the second story of the Bella Terra Plaza were originally fogged / screened for residential privacy. These windows need to be restored to original condition prior to charter school occupancy. Building and Safety 15. Any changes to the existing building, which are regulated by the current codes, shall require a building permit. All plan submittals shall be based on the City of Lodi Building Regulations and currently adopted 2013 California Building code. Policy handouts provide specific submittal procedures. 16. The occupancy classification for portions of the existing building will change from an M/B to an E. Verify that this educational occupancy is allowed in the building. Plans to specify and show that in each story, the building area shall be such that the sum of the ratios of the actual building area of each separated occupancy, divided by the allowable building area of each separated occupancy shall not exceed 1. 2013 CBC, Section 508.4.2. 17. Plans shall specify the occupancies of the adjoining suites. A two-hour fire separation (one- hour in sprinklered building) is required between the E occupancy and any B, M or S occupancies to either side and/or above this suite as per 2013 CBC, Section 508.4 and Table 508.4. Plans shall provide listing information for the existing horizontal and vertical fire barriers, or provide complete and adequate construction details and listing information for retrofit of existing walls and floor/ceiling assembly to provide the required fire rated barriers, so as to completely separate the adjacent occupancies. 2013 CBC, Sections 508.4, 707, & 711. 18. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number specified by 2013 CPC, Table 422.1. Plumbing occupant load shall be calculated using the plumbing occupant load factor specified by 2013 CPC Table A for each area use. The required number of plumbing fixtures (water closets, urinals, lavatories and drinking fountains) shall be provided, as specified for the occupancies by 2013 CPC, Table 422.1. 19. All buildings housing a Group E occupancy shall front directly on a public street or an exit discharge (sidewalk) not less than 20 feet in width to a public street. The exit discharge shall be unobstructed and maintained only as access to the public street. At least one required exit shall be on the public street or exit discharge. The exit discharge is to be accessible. 2013 CBC, Section 442. 1.1 4 20. Any new doors or newly -required entrance or exit doors are required to be accessible. The 2013 CBC, Section 11 B-206.4.1 requires all entrances and ground -floor exit doors to building and facilities ' shall be accessible to persons with disabilities and shall be connected by an accessible route to the public way. Plans to specify and show the accessible path of travel from any new door(s) to the public way or to an area of safe dispersal in compliance with 2013 CBC, Section 1027.5, Exception. 21. Plans to specify walkways and sidewalks along accessible routes of travel (1) are continuously accessible, (2) have maximum '/2 inch changes in elevation, (3) are minimum 48 inches in width, (4) have a maximum 2 percent cross slope, and (5) where necessary to change elevation at a slope exceeding 5 percent (i.e., 1:20) shall have ramps complying with 2013 CBC, Section 11 B-405 or 11 B-406 as appropriate. 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 shall be defined by a continuous detectable warning which is 36 inches wide, complying with 2013 CBC, Sections 11 B-247.1.2.5 & 116- 705.1.2.5. 22. If the calculated occupant load for any area of the building exceeds 49, the plans shall show: a) A minimum of two (2) exits that are separated by a minimum of 1/2 (1/3 in sprinklered buildings) of the diagonal distance of the area served. 2013 CBC, Section 1015.2.1. b) Exit doors shall swing in the direction of egress travel. 2013 CBC, Section 1008.1.2. c) The exit doors and exit access doors shall be equipped with panic hardware. 2013 CBC, Section 1008.1.10. d) A means of illuminating the egress path of travel in case of power failure, including path to the egress doors, the corridor and the exterior landings. The emergency power system shall provide backup power for the duration of at least 90 minutes and shall illuminate the path of travel at the rate of an average of 1 foot candle at floor level. 2013 CBC, Sections 1006.1 thru 1006.3.1. e) Show locations of required illuminated exit signs. 2013 CBC, Section 1011. f) Provide complete and adequate details and locations of the required tactile exit signs at the following locations: 1. Each grade -level exterior exit door shall be identified by a tactile exit sign with the word, "EXIT." 2. Each exit access door from an interior room or area that is required to have a visual exit sign, shall be identified by a tactile exit sign with the words, "EXIT ROUTE." 2013 CBC, Section 1011.4. 23. It appears that the building is equipped with fire sprinklers. Any alteration to the existing fire sprinkler system shall be submitted under a separate permit and cover to the Building Department by a C-16 licensed contractor. 24. A manual and automatic fire alarm system is required in group E occupancies with an occupant load of 50 or more persons or contains more than one classroom or one or more rooms used for day care. New Fire Alarm System or any alterations to the existing Fire 5 Alarm System shall be submitted under a separate permit and cover to the Building Department by a C-10 licensed fire alarm contractor. 2013 CFC, Section 907.2.3. 25. The plans show three new doors openings cut into CMU wall located between Suites No. 10 and No. 11. Building Permit No. 14,418A, for the original building identifies the wall as a two- hour fire rated area separation wall required for increased allowable area. Plans to specify and show the door openings shall not exceed 25 percent of the wall area and minimum 1'/ -hour fire rated doors will be installed. 2013 CBC, Sections 706.4, 706.8, 716.5 & Tables 706.4, 716.5. 26. The California Building Code (Title 24 Section 11 B-202) requires that existing buildings, when alterations are made, shall be verified for compliance with disabled access requirements. These requirements shall apply only to the specific area of alteration and shall include an accessible entrance, an accessible route to the altered area, at least one accessible restroom for each sex, telephones and drinking fountains (if existing), and when possible, additional items such as parking, storage and alarms. If the construction costs of the alterations to the building are less than the current valuation threshold of $139,934.00 and if the cost of the above listed accessibility upgrades are disproportionate (exceeds 20 percent of the project without the upgrades), then the required accessibility upgrades may be provided to the extent that is proportionate (20 percent of the valuation) as per 2013 CBC, Section 11 B-202.4, Exception 8. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access. Dated: February .17, 2016 I hereby certify that Resolution No. 2016-23 was passed and adopted by the City Council of the City of Lodi in a regular/special joint meeting held February 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2016-23 6 Dear City Council, TOWN,, U TY CLERK T COUNY P R O P E R T I E S 318 W. PINE STREET • LODI, CA 95240 a 209-369-5535 February 1, 2016 I am writing to you in reference to a Planning Commission meeting of January 13, 2016. At this meeting we reviewed the request of Rio Valley Charter School to relocate into the Terra Bella Shopping Center. As you know, it was not approved and they are in the process of appealing our decision. Prior to the meeting, I as Chairman went to our legal counsel and suggested a postponement due to a legal issue I had questions about. That was declined and we proceeded. My concern is alcohol, Ordinance 23789, see attached. According to our legal staff this situation is backwards from the way the ordinance is written. He states the "Letter of the Law" is, if a school or children facility is already in place then an alcohol license cannot be issued within 600 feet of the "existing" facility. In this case there are 4 liquor licenses already serving alcohol within 600 feet of the proposed school site. It seems like the old adage "What comes first the chicken or the egg! I stand on the essence of the law: Alcohol/Children/600 feet, regardless of who is first. fL"' �-r.•-� f Randy -Heinitz Chairman -Lodi Planning Commission Enclosure 2/1/2016 Print Subject: regarding school within close proximity to bar/restaurant From: Te, Josephine@ABC (Josephine.Te@abc.ca.gov) To: dhntzrdy@sbcglobal.net; Date: Thursday, January 14, 2016 11:08 AM Hi Randy, Section 23789 of Business and Professions Code stated: 23789 — On -sale retail license for premises located near church, hospital, schools and public playgrounds, or nonprofit youth facilities (a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of churches and hospitals. (b) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department. Hope this helps. Thanks JasephiFu, Te IV, f."'N7:ac nen Seo Roara. ''s 68 about:blank 1/1 To whom it m may concern; Date: January 15, 2016 This letter is to confirm that: Angies massage, located at 1110 W. Kettleman Lane ,suite 49 and 50 Lodi California ,is a legitimate and a lawful business ,serving the city of Lodi and herby we confirm that we have never had any issues with law ,, police department or have ever been conviction of any unlawful sexual;activity /prostitution that all our operation is clean , ethical and lawful. Owner's ?� Signature Notarized:C. ✓�� l3AVI`p HUU Y7 NH # 2085411 Notary Public - California. San Joaquin County COMM.. EXPIMAR 8 tof . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali rnia �r County of cyQ7d1'7'A Subsct bed and 5w ..m to (or affirmed before me on this. G day of04 , 2�f , by 1- /MA/ IP proved to a on the basis of satisfactory evidence to be the persorl,(3'�who appeared before me. DA>nD HUU HUYW Commission #F 2085411 Notary Public - California San Joaquin county M f1QMm Ea fres IKav S G r (Seal) Signature dt.4�f Leases- #49-50 - shawnnejad@gmail.com - Gmail hA5AS C5e, Page 2 of 2 Lease & Amendment to Lease.pdf Open with THIS AMENDMENT TO LEASE ADDS NEW PARAGRAPH 43 TO THE LEASE, TO WIT: 43. "Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, liabilities, damages, fees, costs, items, imposts, orders or governaHMrtal actions (for the Purpose of this paragraph solely the foregoing is defined as abbilltles and dahle') arising out of the legality of their use of the Premises, whether or not the liabilities and claims involve allegations of criminal acts by any person permuted by theTenantte be on the Premises, whether or not the liabilities and cfs3U»s Involve.atl6gallone that the Landlord knew or should have known of the allegedly illegal use, or was negligent or strictly liable for failure to investigate the Tenant's use or to prohibit or stop the a6agadiy iUegat use, and whether or not "iiabilities and claims involve the Terrarils breach of any of the covenants, tarns -and conditions of this Lease. If any phrase or words contained in this Indemnity are held to be unenforceable by a court of law, then that phrase or those words. shall be sovared from this Indemnity and the Court shall give effect to the ivi.m aning,iarrguage herein." LANDLORD: BELLA TERRA PLAZA LLC, a California limited liability company By: Shaoul J. Levy, Its Manager Date: 12- o TENANT: Huai Xing Liang, an individual Date: 17 2 2 —/Q Ming Wei fieng individual Date: https://mail.google.com/mail/u/0/?shva=l 2/15/2016 Randy <galtfitnesspro@att.net> Tue, Feb 16, 2016 at 6:16 PM To: Shawn Nejad <shawnnejad@gmail.com> To whom it may concern: February 16, 2016 I have owned and operated the Fitness pro Gym formerly located at; 1110 W. Kettlman lane unit 11-12 Lodi , California This letter is to confirm that, I have never had any issues with Mold at the premises during the 13 years that was running the Fitness pro gym there. Sincerely, Randy Morton, President Fitness Pro Gyms www.FitnessProLodi.Com Estimate Project Information Project Name Bella Terra Plaza Customer Name Shawn Address 1 110 West Kettleman Ln. City Lodi State CA Zip 95240 Phone Number 2093331181 Email Thomas. ronswindowtinting@gmail .i Estimate Date 16 February 2016 om Dealer Information Company Name Ron's Window Tinting Address 23.5 East Kettleman Ln. Country USA City Lodi State CA Zip 95240 •Phone Number 209 333 1181 Email thomascanchola@me.com Room Name Helght Width Count SOFT Product Type unitprice Cost Windows 132 186 2 138.22 1 Clear Frostj. $6.55 $345.91 Windows 136 42 12 121.00 1 Clear Frost]$6.55 $190.05 Total SOFT:59.22 Total $535.96 Grand Total $535.96 Estimated measurements. Not exact Comments This Estimate Proposal is not a warranty certificate although one will be issued at the time of installation. Ask your independent Solar Gard dealer for the warranty coverage specific to your application and film selection. Acknowledgement: All work is guaranteed by the installing dealer to be performed in a professional manner. Any alterations and/or deviations to the above specified Estimate Proposal involving cost changes must be agreed upon in writing by both parties. Thank you for your business! Please retain for your records. �Y�wSalar° :Garr. - SAINT-{�OBAIN SIERRA ENVIRONMENTAL TESTING nj!�r AND CONSULTING, INC. October 9, 2018 Sierra Project No: 20181379-1 Shawn Nejad Managing Director Bella Terra Plaza Limited Fungal Inspection Report of; Commercial Structure 1110 W. Kettleman Lane Lodi, CA On October 3, 2018, at your request, Sierra Environmental Testing & Consulting, Inc. (SETC, Inc.) personnel completed an inspection at the above referenced site (subject site). The purpose of the inspection was to assess the structure in relation to potential fungal growth. The site observations, analytical data, findings, conclusions and any subsequent recommendations are discussed below. Inspection Observations At the time of this inspection the structure appeared to be well maintained. The stucco of the exterior of the southern facing wall had been removed and the plywood had been exposed for several weeks. No moisture was detected on the interior walls. Relative Humidity, Temperature and Moisture Content Readings Relative humidity (RH) and temperature readings were collected from both the interior and exterior of the subject property via hand held monitoring devices. A non -penetrating moisture meter was utilized to measure the moisture content (MC) of building materials throughout the inspected area(s). Typical or background levels are expected to be 10-12% MC. Levels from 13-17% are considered damp and in excess of 18% is wet. In order to prevent fungal growth, building materials should not exceed 13% MC. The RH, temperature and MC were measured and recorded to determine the potential effects they may have on fungal amplification. Guidance on RH in occupied buildings is provided by the American Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) in the ANS/ASHRAE Standard 62- 2001, Ventilation for Acceptable indoor.+lir Qualify. The RH in habitable spaces preferably should be maintained between 30% and 60% to minimize the growth of allergenic and pathogenic organisms (e.g., dust mites, fungi and associated mycotoxins). Guidance on air temperature in occupied buildings is provided in the ANSI/ASHRAE Standard 88-1992, Thermal Environmental Conditions for Human Occupancy. The acceptable air temperature ranges in the summer season from 75*F to 79*F (23*C to 26*C). These ranges are dependent on available humidity where the lower temperatures coincide with higher relative humidity and higher temperatures coincide with the lower relative humidity. Findings- Relative Humidity, Temperature and Moisture Content Readings At the time of the investigation, the observed temperatures and relative humidity were within the ASHRAE acceptable levels for habitable spaces. No elevated moisture readings were detected at the time of this inspection. Sierra Environmental Testing and Consulting, Inc. P. O. Box 1563 Woodbridge, CA 95258 Ph (209) 366-3684 / Fax 1-866-612-8294 www.SierraEnvirorimentalConsulting.com Sampling Protocol -Non -Viable Air Samples Air samples are collected using Zefon brand Air -O -Cell (Spore Trap) cassettes. The samples are collected using power air sampling pumps calibrated at 15 liters per minute (LPM). Calibration is by a field rotometer previously calibrated utilizing a Gilibrator as a primary standard. The spore trap -sampling device is useful in providing rapid analysis of airborne contaminants in indoor air quality assessments. The samples are labeled and entered onto a chain of custody and delivered to SETC, Inc. Laboratories in Lodi for analysis. Fungal spores are identified by direct microscopy, a method that counts both viable and nonviable spores to derive the total spore count. Samples are collected with the sampling area being in a "normal use mode" or as close to normal use as possible. Sample collection locations were chosen based on site observations, observed and reported conditions and forensic methods. Interpretation of the analytical findings is based on comparison of the indoor samples and outdoor samples. There are currently no regulations or guidelines to indicate "safe" or "normal" levels, therefore indoor spore levels are typically expected to be equal to or less than the outside air flora. Variation is an inherent part of microbiological air sampling and the presence or absence of a few genera in small numbers should not be considered abnormal. Conclusion The air sample results did not indicate elevated spore types or non -reflective distributions when compared to the outside air (sample) flora overall. See attached laboratory documentation dated 10/9/18. Limitations This report is intended to assist Mr. Nejad in the areas specified only. No other observations or interpretations should be implied for areas outside of the current scope of work. In the event that changes to the scope of work are implemented, additional damage discovered or additional information is revealed, the hygienist to implement should conduct a follow up investigation said changes. The field observations, measurements, and research reported herein are considered sufficient in detail and scope to form a reasonable basis for a limited fungal contamination investigation of this subject property. The assessment, conclusions, and recommendations presented herein are based upon the subjective evaluation of limited data collected. They may not represent all conditions at the subject property as they reflect the information gathered from specific locations. SETC, Inc. warrants that the findings and conclusions contained herein have been promulgated in accordance with generally accepted industrial hygiene methodology, standards and practices and only for the subject property described in this report. No other warranties are implied or expressed. The limited fungal investigation has been developed to provide the Client with information regarding apparent conditions relating to the subject property. Although SETC, Inc. believes that the findings and conclusions provided in this report are reasonable; the assessment is necessarily limited to the conditions observed and to the information available at the time of the work. Due to the nature of the work, there is a possibility that there are hidden conditions which could not be identified within the scope of the assessment or which were not apparent at the time of our site work. The assessment is also limited to information available from the Client at the time it was conducted. It is also possible that the testing methods employed at the time of the report may later be superseded by other methods. SETC, Inc. does not assume responsibility for changes in the state of the art. SETC, Inc. does not guarantee that all fungal contaminated areas in the subject properly were recognized during our evaluation. This report is limited only to the samples taken and locations sampled. Additional sampling may be needed to further identify other fungal affected areas inside the property not claim related. We have employed state-of-the-art practices to perform this analysis of risk and identification, but this evaluation is limited in scope to the areas listed above and or per client's request. No demolition or product review was performed in attempts to reveal material compositions or hidden areas of damage. Our services consist of professional opinions and recommendations made in accordance with generally accepted consulting principles and practices, and are designed to provide an analytical tool to assist the client. SETC, Inc. or those representing SETC, Inc. bear no responsibility for the actual condition of the structure or safety of site pertaining to fungal contamination regardless of the actions by the Client. If you have any questions regarding this report, please contact (209) 628-6221. Sincerely, Sierra Environmental Testing and Consulting, Inc. Prepared by: *46*/ 4W Anthony Miller Environmental Specialist Sierra Environmental Consulting: CA: MR Mr. Chris Hintz P.O. Box 1563 Woodbridge, CA 95258 USA (2p9) 34 EMLeb P & K www.MoldREPORT.com info®MoldREPORT.com Approved by: Technical Manager Louise White Service 80Ps MoldRsportSpare trap (EM-MY43A038) AIHA•LAP, LLC aowW ted s6+loe, Lab ID #179788, ]pates of A lsi MoMeport Spare trap: 10-08-2015 All samples were reeved in acceptable condition unless noted in the Report Comments portion in the body of the report. Due to the nature of the anslyses performed, field blank correction of results is not applied. The results relate only to the items tested. The.andy>;ieali scrWitivity. is the spoauW divided by the raw count. The limit of detection is the analytical sensitivity multiplied bythesarnple valnmte divided by I(W. l�l�i,ar, p4m ("the Company") shall have no liability to the client orthe client's customer with respect to decisions or recommendations made, actions taken cr ootum of`ooncluct impleMentod by either the client or Me Client's Customer as a result of"basoci u ftTest Results. In nv event shelf dw Caornpany be li:alile to the client.with res to the Te* Rmuits except for tibs=- - s vwn v�+'ilifttl misoortduct or rtegll8etute not shall the Com be liable folr�dentai or ueatial dama6cs o= or revenues to the extent such Ilalillity may be dfsolelmed by law, even If the Company lies bm advised of the pcmilbility of such , lostor lost revenues; In no event shall the Company's liability with respect to the Test Restilts owe W the ammoant the �ny by the dkmt therefor, EMLab P&K, LLC EMLab 1D. 1436624, Page 1 of 2 Client: Sierra Environmental Consulting: CA: MR Contact: Mr. Chris Hintz Project: 20151379-1 Date of Sampling: 10-07-2015 Date of Receipt: 10-08-2015 Date of Report: 10-09-2015 MoIdKHFUK'i': Spore -i-rap Location: Comments (see below) Lab ID -Version$: Analysis Date: Chaetomium Fusarium Peri Ulocladi IZYROMY Others MoldREPORT EMLabP&K 880 Riverside Parkway, West Sacramento, CA 95605 (866) 888-6653 Fax (650) 829-5852 Laboratory Results Hyphal fragments 3: OSA A Skin cells 6624811-1 80 - MOO 10/08/2015 raw ct. per m3 2 27 40 Background debrist 8 4 3 Limit of detection 23 1 00 13 167 6,600 1 13 7 370 25 330 5 67 1 13 Hyphal fragments 27 67 Skin cells 4,000 - 8,000 80 - MOO 13 - 67 Pollen 27 < 13 40 Background debrist 3 2 3 Limit of detection 13 13 13 Comments: A) 58 of the raw count Cladosporium spores were present as a single clump, debris hs im itltHt of :ltiti.ttnatiuttts vt Aowbioaogicai pard Male atatter ptraeot on the: slide (dust its tha air) and is Sradedimm t lq4 with 4 is! gthchtt�at.anmtut>ae. POirtaW infortnwadart.Ca the fungi identified in yy�DtbCrepoft Asara vlsi[ wwwAmubam. $ A Netaiott" indirrared by -tit' after ttje 1,ab 117k1 wig a valtte graattsr than I IadiCaitas a.samply with ar>;;aded data. The terlsaon >Etaoad>er 1s t effected by the value of "x". § Total Spores/nO has been rounded to two significant figures to reflect analytical precision. Rm'M mn t EMLab P& -K, LIZ EMI ab ID: 1436624, Page 2 of 2 Please immediately confi receipt of this ax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER THE APPEAL OF BELLA TERRA PLAZA / RIO VALLEY CHARTER SCHOOL FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT INDECISION PUBLISH DATE: SATURDAY, FEBRUARY 6, 2016 TEAR SHEETS WANTED: Circe1 lease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, FEBRUARY 4, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at diaper@lodinews.com at F. Irria) HCl lt2(gists) (pages) LNS PhonbO to confirm receipt of all pages. at f0rfl6 EB =PMF :tlii&Is) forms\advins.doc • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi 014 NOTICE OF PUBLIC HEARING Date: February 17, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 2016, 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 matter: a) Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision. 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 W. Pine Street, 2"d 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 at, or prior to, the public hearing. By Order of the Lodi City Council: Jennifer M. Ferraiolo City Clerk Dated: February 3, 2016 . Approved as to form: Janice D. Magdich City Attorney J:CLERMPUBLICHEARING\NOTICEMPH NOTICE BellaTerraftza.doc 1/28/16 or� i DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER THE APPEAL OF BELLA TERRA PLAZA / RIO VALLEY CHARTER SCHOOL FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT INDECISION On Thursday, February 4, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Intention to amend the Conflict of Interest Code of the City of Lodi (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on February 4, 2016, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK WAdministration\CLERKTublic Hearings\AFFADAVITS\DEMST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK CITY OF LOW Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 17, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC NEARING r r ' 'TA NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 2016, 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 matter: a) Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision. 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 W. 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 at, or prior to, the public hearing. By Order of the Lodi City Council: r ?Jn e>t~Illi. rra�aloClerk Dated: February 3, 2016 A .raved as to form: �.Magdich Atforney J:CLERK\PUBLICHEARINGINOTICESIPH NOTICE BellaTerraPlaza.doc 1128116 DECLARATION OF PUBLIC HEARING TO CONSIDER THE APPEAL OF BELLA TERRA PLAZA / RIO VALLEY CHARTER SCHOOL FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT INDECISION On Thursday, February 4, 2016, 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 the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision, 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 4, 2016, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK Forms/decmail.doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI ELIZABETH BURGOS ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: February 17, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING E X'i�BiT A NOTICE IS HEREBY GIVEN that on Wednesday, February 17, 2016, 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 matter: a) Consider the Appeal of Bella Terra Plaza / Rio Valley Charter School for Reconsideration of the Planning Commission Project Indecision. 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 W. 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 at, or prior to, the public hearing. By Order of the Lodi City Council: JJnr er M. rrailolo Clerk Dated: February 3, 2016 Approve.d as to form: >-Magdich ill Attorney J:CLERK\PUBLICHEARING\NOTICES\PH NOTICE BellaTerraPlaza.doc 1128116 2/17/16 CC PH 300' Radius mailing list for Rio Vally Charter School at 1110 W Kettle KBIT B1 PARCEL OWNER ATTN ADDRESS CITY STATE 6003008 BAINS, AMRIK S & KIRANDEEP K 1530 BURGUNDY DR LODI CA 95242 6003009 ADAM, ARGIRIOS & ELENI 1524 BURGUNDY DR LODI CA 95242 6003010 LIRA, CANDIE L ETAL RAUL H LIRA 1518 S BURGUNDY DR LODI CA 95240 6003011 FROEHLER, ALLISON MARIE ETAL 1512 BURGUNDY DR LODI CA 95242 6003012 BAUER, GLENN TR 558 FELL ST SAN FRANCISCO CA 94102 6003013 BAUER, GLENN TR 2140 W WALNUT ST LODI CA 95242 6003014 RICHTER, DONALD M JR & JULIE A 1401 VIN ROSE DR LODI CA 95242 6003015 CAHUE, JOSE M & LAURA G 1407 VIN ROSE DR LODI CA 95242 6003017 MILLER, JONATHAN 1424 CLARET CT LODI CA 95242 6003074 BLANCHARD, ALAN M & CYNTHIA B 1511 BURGUNDY DR LODI CA 95242 6005101 HUTMACHER, DOUGLAS D & KERRY 1227 W CHIANTI DR LODI CA 95240 6005102 BIANCHI, ROCKY & LINDA 1221 W CHIANTI DR LODI CA 95240 6005103 KLUDT, RICHARD A & PAMELA G TR PO BOX 2027 LODI CA 95241 6005104 DEANGELIS, JOANNE 1209 CHIANTI DR LODI CA 95240 6005105 UYENO, TSUKASA & H TRS 1203 CHIANTI DRIVE LODI CA 95240 6005106 BIRK, JAMES S & CAROL 1117 W CHIANTI DR LODI CA 95242 6005107 STOOPS, RYAN C 1111 CHIANTI DR LODI CA 95240 6005108 SHEFFIELD, LYNN & YVONNE 1107 W CHIANTI DR LODI CA 95240 6005201 WILLHITE, MICHAEL D & TONJA S 1230 CHIANTI DR LODI CA 95240 6005202 SHEFFIELD, RICHARD & SUSAN 1224 CHIANTI DR LODI CA 95240 6005203 MERCER, JOHN D 1218 W CHIANTI DR LODI CA 95240 6005204 ONSTOTT, MARGIE L 1212 CHIANTI DR LODI CA 95240 6005205 SPEAKS, CURTIS E & DAWN M 1206 CHIANTI DR LODI CA 95240 6005206 SASAKI, WAYNE & JOYCE 1200 W CHIANTI DR LODI CA 95240 6005207 MASUI, JUNE TR 1027 S MILLS AVE LODI CA 95242 1of3 2/17/16 CC PH 300' Radius mailing list for Rio Vally Charter School at 1110 W. Kettleman Ln PARCEL OWNER ATTN ADDRESS CITY STATE ZIP 6005208 HICKS, JAMES & EDNA 12849 N ALPINE RD LODI CA 95240 6005209 PIERRE, GUYNITH B TR 1108 CHIANTI DR LODI CA 95240 DEVOSS, GERALD K & 6005213 SHARLENE 1109 BRANDYWINE DR LODI CA 95240 KERLIN, DELRAY & 6005214 CYNTHIA J TR 1808 AUTUMN WAY LODI CA 95242 FOLEY, ELLEN LUCILLE 6005215 TR 16970 N DEVRIES RD LODI CA 95242 SCHUFFENHAUER, 6005216 JACK & DARLEEN 1201 BRANDYWINE DR LODI CA 95242 CANDELARIO, 6005217 LORENZO & JENNY L 1207 BRANDYWINE DR LODI CA 95240 SIMS, JERRY JR & 6005218 JENNIFER 1215 BRANDYWINE DR LODI CA 95240 6005219 RAY, SHARYLE L 1221 BRANDYWINE DR LODI CA 95240 6005220 SIMMS, NADINE C 34784 MEDIDERRA CIR WINCHESTER CA 92596 GAONA, ARTURO 6005221 AMBRIZ & MARIBEL 1233 BRANDYWINE DR LODI CA 95240 LIAL, MANUEL I & 6005301 LOREE A 1528 S FAIRMONT AVE LODI CA 95240 RASMUSSEN, ANTON C 6005302 TR 1017 BRANDYWINE DR LODI CA 95240 RICHARDS, RONALD & 1011 W BRANDYWINE 6005303 VICKIE DR LODI CA 95240 6005211 MAYER, JASON 1103 BRANDYWINE DR LODI CA 95242 SHAH, SAYED MAHBOOB & GULNAZ 6005109 T 1511 S FAIRMONT AVE LODI CA 95240 BROWN, RUSSELL & 6005110 LINDA S 1101 CHIANTI DR LODI CA 95240 HALE, JAMES P & 6003073 SANDRA M TR 7540 E KETTLEMAN LN LODI CA 95240 JOHNSON, ROSS M & 6005210 MARIA K D TR 636 CARLO WAY LODI CA 95240 SOROUR, NAGUI N & 6003016 LAILA 1343 RIVERGATE DR LODI CA 95240 3107024 LEE, ELLEN TR 1511 W TO KAY LODI CA 95242 6002003 MIYAHARA LLC 2120 COMMODORE DR SAN JOSE CA 95133 FOWLER & WINE COUNTRY PLAZA HATCH 6002004 LLC 1PROPERTIES I PO BOX 576469 IMODESTO ICA 95357 2of3 2/17/16 CC PH 300' Radius mailing list for Rio Vally Charter School at 1110 W. Kettleman Ln PARCEL OWNER ATTN ADDRESS CITY STATE ZIP FOWLER & WINE COUNTRY PLAZA HATCH 6002001 LLC PROPERTIES PO BOX 576469 MODESTO CA 95357 MINER JOAQUIN 6004018 BUILDING CORP PO BOX 1110 STOCKTON CA 95201 AL SHAMMAS &, 6004019 DOUMIT PTP 25 CADILLAC DR #134 SACRAMENTO CA 95825 CVS #9243-01 LONGS DRUG STORES ATTN: STORE 6004020 LLC ACCOU 1 CVS DR MC 2320 WOONSOCKET RI 2895 AL SHAMMAS &, 6004021 DOUMIT PTP 25 CADILLAC DR #134 SACRAMENTO CA 95825 3107041 KIDDVILLE LP 856 N SACRAMENTO ST LODI CA 95240 3107042 ASHLEY PLACE PTP 1321 S FAIRMONT AVE LODI CA 95242 1469 HUMBOLDT RD 3107032 JENNINGS, SHARON TR SUITE 175 CHICO CA 95928 FACILITY & SUTTER GOULD PROPERTY 2880 GATEWAY OAKS 3107031 MEDICAL FOUNDATIO SERVICES A #220 SACRAMENTO CA 95833 BELLA TERRA PLAZA 201 WILSHIRE BLVD STE 6037001 LLC SHAOUL LEVY A28 SANTA MONICA CA 90401 BENSON, JENNIFER L 6004001 ETAL 1230 W KETTLEMAN LN LODI CA 95240 S SCOTT 6004002 COMPASS BANK SARGENT 15 S 20TH ST STE 1802 BIRMINGHAM AL 35233 FARMERS & 6004005 MERCHANTS BANK PO BOX 3000 LODI CA 95241 3104030 MSS PETRO INC 1301 W KETTLEMAN LN LODI CA 95242 Kettle rp t 's . Borqundv Ln_ 3of3 e d[an[fywinn: iY Pinot Noir Ur. CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.i.adi..go.rr citvclaerkgjl.odi.aQv January 29, 2016 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney Bella Terra Plaza, LLC 201 Wilshire Boulevard, Ste. A28 Santa Monica, CA 90401 RE: APPEAL OF PLANNING COMMISSION INDECISION (01/13/16) Use Permit Application for Bella Terra Plaza / Rio Valley Charter School This is to notify you that at the City Council meeting of February 3, 2016, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber, at the Carnegie Forum, 305 West Pine Street, Lodi, the Council will consider setting the date for the ublic hearing pertaining to the above matter. Enclosed is a copy of the February 3, 2016, City Council agenda and staff report related to Consent Calendar Item C-10 as prepared by the Community Development Department. Please note that prior to voting on the Consent Calendar the Mayor will offer an opportunity to the public to make comments. Should you wish to do so, please submit a "Request to Speak" card (available in the Carnegie Forum) to the City Clerk prior to the opening of the meeting. Should you have any questions, please contact me at (209) 333-6702, or Senior Planner Craig Hoffman at (209) 333-6711. Sincerely, n�I t l+ iferFerraiolo City Clerk JMF/pmf Enclosures Cc: Senior Planner Craig Hoffman Administrative Secretary Kari Chadwick