HomeMy WebLinkAboutResolutions - No. 2005-38RESOLUTION NO. 2005-38
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING USE PERMIT FILE
NO. U-02-12, TO ALLOW THE CONSTRUCTION OF A COMMERCIAL SHOPPING
CENTER IN THE C -S ZONE AND SALE OF ALCOHOLIC BEVERAGES AT THE
WAL-MART SUPERCENTER, AND TENTATIVE PARCEL MAP 03-P-001, TO CREATE
12 PARCELS FOR THE PROJECT RELATING TO THE LODI SHOPPING CENTER
WHEREAS, an application was filed by Browman Development Company for a
commercial shopping center at 2640 W. Kettleman Lane more particularly described as
Assessor's Parcel Numbers 058-030-08 and 058-030-02 and portion of 058-030-09; and
WHEREAS, the application's are for the following approvals: Use Permits for the
construction of commercial structures as required by the C -S Commercial Shopping
District and for the safe of alcoholic beverages, as well as a Parcel map to create 12
parcels for the project; and
WHEREAS, the Planning Commission of the City of Lodi has reviewed and
considered the Final Environmental Impact Report prepared on the Lodi Shopping
Center; and
WHEREAS, the Planning Commission of the City of Lodi, after more than ten
(10) days published notice, held a public hearing before said Commission on December
8, 2004; and
WHEREAS, the Lodi City Council has reviewed and considered the approval of
Use Permit File No. U-02-12, to allow the construction of a commercial shopping center
in the C -S Zone and sale of alcoholic beverages at the Wal-Mart Supercenter, and
tentative parcel map 03-P-001, to create 12 parcels for the project relating to the Lodi
Shopping Center; and
WHEREAS, the project is consistent with all elements of the General Pian. in
particular, the'following Goals and Policies:
A. Land Use and Growth Management Element, Goal E, `To provide adequate land
and support for the development of commercial uses providing goods and services
to Lodi residents and Lodi's market share."
B. Land Use and Growth Management Element, Goal E, Policy 7, "In approving new
commercial projects, the City shall seek to ensure that such projects reflect the
City's concern for achieving and maintaining high quality."
C. Land Use and Growth Management Element, Goal E, Policy 3, "The City shall
encourage new large-scale commercial centers to be located along major arterials
and at the intersections of major arterials and freeways."
D. Housing Element, Goal C, "To ensure the provision of adequate public facilities and
services to support existing and future residential development'.
E. Circulation Element, Goal G, "To encourage a reduction in regional vehicle miles
traveled."
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F. Circulation Element, Goal A, Policy 1, `The City shall strive to maintain Level of
Service C on local streets and intersections. The acceptable level of service goal
will be consistent with financial resources available and the limits of technical
feasibility."
G. Noise Element, Goal A, "To ensure that City residents are protected from excessive
noise,"
H. Conservation Element, Goal C, Policy 1, "The City shall ensure, in approving urban
development near existing agricultural lands, that such development will not
constrain agricultural practices or adversely affect the economic viability of adjacent
agricultural practices."
Health and Safety Element, Goals A, B, C, and D, "To prevent loss of lives, injury
and property damage due to flooding." "To prevent loss of lives, injury, and property
damage due to the collapse of buildings and critical facilities and to prevent
disruption of essential services in the event of an earthquake." "To prevent loss of
lives, injury, and property damage due to urban fires." "To prevent crime and
promote the personal security of Lodi residents."
Urban Design and Cultural resources, Goal C, "To maintain and enhance the
aesthetic quality of major streets and publWcivic areas."
WHEREAS, the design and improvement of the site is consistent with all
applicable standards adopted by the City. Specifically, the project has met the
requirements of the Lodi Zoning Ordinance with particular emphasis on the standards
for large retail establishments; and
WHEREAS, the design of the proposed project and type of improvements are
not likely to cause public health or safety problems in that all improvements will be
constructed to the City of Lodi standards; and
WHEREAS, these findings, as well as the findings made within
Resolution No. P.C. 04-64 certifying Final Environmental Impact Report EIR-03-01, are
supported by substantial evidence in the record of this proceeding and before this body.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED as follows:
1. The foregoing recitals are true and correct.
2. Said Tentative Parcel Map complies with the requirements of the City
Subdivision Ordinance, and the Subdivision Map Act.
3. Said Site Plan complies with the requirements of the Commercial Shopping (C-
S) Zoning District.
4. The submitted plans, including site plot plan and architectural elevations for the
major anchor building, for the project is approved subject to the following
conditions.
A. The approval of the Use Permit expires within 24 months from the date of
this Resolution. Should any litigation be filed regarding this project, the time
limit shown shall be tolled during the pendency of the litigation. Parcel Map
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conforming to this conditionally approved Tentative Parcel Map shall be filed
with the City Council in time so that the Council may approve said map
before its expiration, unless prior to that date, the Planning Commission or
City Council subsequently grants a time extension for the filing of the final
map, as provided for in the City's Subdivision Ordinance and the Subdivision
Map Act. It is the developer's responsibility to track the expiration date.
Failure to request an extension will result in a refilling of the Tentative Parcel
Map and new review processing of the map.
B. Prior to submittal of any further plan check or within 90 days of the approval
of this project, whichever occurs first, the applicant shall sign a notarized
affidavit stating that "I (we), , the owner(s) or the owner's representative
have read, understand, and agree to implement all mitigation measures
identified in the Final Environmental Impact Report for the Lodi Shopping
Center and the conditions of the Planning Commission approving U-02-12
and 03-P-001." Immediately following this statement will appear a signature
block for the owner or the owner's representative, which shall be signed.
Signature blocks for the Community Development Director and City Engineer
shall also appear on this page. The affidavit shall be approved by the City
prior to any improvement plan or final map submittal.
C. Prior to issuance of any building permit on the site, each building shall be
reviewed by the Site Plan and Architectural Review Committee for
consistency with this resolution as well as all applicable standards of the City.
D. All applications for Site Plan and Architectural Review Committee
consideration shall comply with the following conditions:
1. All buildings shall meet the required setbacks for the C -S zoning
district. All buildings shall implement building elements and
materials illustrated on the submitted elevation or otherwise
consistent with the architectural theme presented on the
submitted elevation of the major tenant building.
2. Submit a construction landscape plan consistent with the
submitted conceptual landscape plan. The applicant shall also
insure that the overall ratio of trees, including perimeter
landscaping is equal to one tree for every four parking spaces.
Further, said plan shall demonstrate that the City's requirement
for parking lot shading is met.
3. The applicant shall select and note on all plans common tree
species for the parking lot and perimeter areas from the list of
large trees as identified in the Local Government Commission's
"Tree Guidelines for the San Joaquin Valley".
4. All drive-through eating facilities shall have a "double service
window" configuration and pullout lane to minimize auto
emissions.
5. Cart corrals shall to be provided in the parking lot adjacent to Wal-
Mart and distributed evenly throughout the lots rather than
concentrated along the main drive aisle. In addition, a cart corral
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shall be provided as close as possible to the two bus stop/shelters
provided on-site. Further, cart corrals shall be permanent with a
design that is consistent with the theme of the center. Portable
metal corrals shall be prohibited.
6. Trash enclosures shall be designed to accommodate separate
facilities for trash and recyclable materials. Trash enclosures
having connections to the wastewater system shall install a
sand/grease trap conforming to Standard Plan 205 and shall be
covered.
7. Hardscape items, including tables, benches/seats, trashcans, bike
racks, drinking fountains, etc. shall be uniform for all stores
throughout the shopping center.
8. All signage shall be in compliance with a detailed Sign Program
that shall be submitted to SPARC for review and approval with the
first building plan review.
9. Said program shall require all signs to be individual channel letter
at the standards provided by the zoning ordinance.
10. Any bollards installed in a storefront location shall be decorative in
style and consistent with the theme of the shopping center. Plain
concrete bollards, or concrete filled steel pipe bollards shall not be
permitted.
E. All landscaped area shall be kept free from weeds and debris, maintained in
a healthy growing condition and shall receive regular pruning, fertilizing,
mowing, and trimming. Unhealthy, dead, or damaged plant materials shall be
removed and replaced within 30 days following written notice from the
Community Development Director.
F. The following items are conditions of approval for the vesting tentative parcel
map, all to be accomplished prior to, or concurrent with, final parcel map
filing unless noted otherwise:
1. Dedication of street right-of-way as shown on the parcel map with the
following changes/additions:
a} Street right-of-way dedications on Westgate Drive shall be in
conformance with the traffic study for the project and City of Lodi
requirements and shall be consistent with the West Side Facility
Master Plan. The north and south legs of Westgate Drive must be
in alignment through the intersection at Kettleman Lane.
Construction of full width street improvements to and including the
west curb and gutter is required. Acquisition of additional right-of-
way from adjacent parcels to the west is the responsibility of the
developer and must be supplied prior to recordation of any final
parcel map. In the event the developer is unable to acquire the
additional right-of-way from adjacent property owners, the project
site plan and proposed parcel boundaries shall be modified to
provide the required street right-of-way dedications within the
boundaries of the map.
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b) Right-of-way dedications on Lower Sacramento Road and
Kettleman Lane shall be in conformance with the project traffic study
and City of Lodi street geometric requirements for this project and to
the approval of the Public Works Department and Caltrans. The
right-of-way width and lane geometry for Kettleman Lane need to be
compatible with the improvement plans prepared by Mark Thomas &
Company for the Vintner's Square Shopping Center on the north
side of Kettleman Lane. Right-of-way dedications on Kettleman
Lane shall be made to Caltrans in conformance with their
requirements. Separate parcels shall be created for Caltrans
dedications. It should be anticipated that Caltrans will require street
widening improvements west of the project boundary. Acquisition of
any right-of-way necessary to meet Caltrans requirements shall be
the responsibility of the developer.
c) Lower Sacramento Road is an established STAA route and turning
movements to and from the roadway into private driveways and
intersecting streets are required to demonstrate that
accommodation has been made for the truck turning movement in
conformance with Public Works requirements. At the signalized
intersection and the driveway immediately north, the right-of-way
dedications and driveway design shall provide for 60 -foot radius
truck turning movements as set forth in the Caltrans Highway
Design Manual.
d) The right-of-way dedication and driveway design at the south
project driveway on Lower Sacramento Road shall accommodate
and be in conformance with the California Semitrailer wheel track
(18m160ft radius) turning template.
e) Right-of-way dedications at all proposed project driveway locations
shall be sufficient to accommodate the handicap ramps and public
sidewalks at the crosswalk locations. In addition, the right-of-way
dedication at the proposed traffic signal location on Lower
Sacramento Road shall be sufficient to allow installation of the
traffic signal improvements within the public right-of-way.
2. Dedication of public utility easements as required by the various utility
companies and the City of Lodi, including, but not limited to, the
following:
a) An existing public utility easement (PUE) lies within the proposed
Westgate Drive right-of-way. The existing PUE shall be abandoned
and an equal replacement PUE conforming to City of Lodi
requirements shall be provided immediately adjacent to and west of
the west right-of-way line of Westgate Drive. Acquisition of the
replacement PUE from adjacent parcels to the west is the
responsibility of the developer and must be accomplished prior to
recordation of any final parcel map. In the event the developer is
unable to acquire the replacement PUE from adjacent property
owners, the project site plan and proposed parcel boundaries shall
be modified to provide the required PUE dedications within the
boundaries of the map.
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b) A PUE along the southerly property line sufficient to accommodate
the installation of electric utility overhead transmission lines and
underground conduit bank outside proposed landscape areas, and
the extension of water, wastewater and industrial waste
transmission lines between Lower Sacramento Road and Westgate
Drive. We anticipate the required PUE along the south project
boundary will be on the order of 65 to 75 feet. It may be possible to
reduce the width of the PUE by realigning some of the pipes
through the shopping center site. The actual alignment and width
will be to the approval of the Public Works Department and City of
Lodi Electric Utility.
c) A PUE at the proposed signalized project driveway to accommodate
the installation of traffic signal loops.
d) A PUE at the existing southerly Sunwest Plaza (Food 4 Less)
driveway to accommodate the installation of traffic signal loops.
Acquisition of the PUE is the responsibility of the developer and
must be accomplished prior to recordation of any final parcel map.
3. In order to assist the City in providing an adequate water supply, the
property owner is required to enter into an agreement with the City that
the City of Lodi be appointed as its agent for the exercise of any and all
overlying water rights appurtenant to the proposed Lodi Shopping
Center, and that the City may charge fees for the delivery of such water
in accordance with City rate policies. The agreement establishes
conditions and covenants running with the land for all lots in the parcel
map and provides deed provisions to be included in each conveyance.
Submit final map per City requirements including the following:
a) Preliminary title report.
b) Standard note regarding requirements to be met at subsequent
date.
4. Payment of the following:
a) Filing and processing fees and charges for services performed by
City forces per the Public Works Fee and Service Charge Schedule.
G. The following items are conditions of approval for the vesting tentative parcel
map and use permit that will be deferred until the time of development:
1. Engineering and preparation of improvement pians and estimate per City
Public Improvement Design Standards for all public improvements for all
parcels at the time of development of the first parcel. Plans to include:
a) Detailed utility master plans and design calculations for all phases
of the development, including the proposed temporary storm
drainage detention basin. Detailed utility master plans have not
been developed for the area between Kettleman Lane on the north,
Harney Lane on the south, Lower Sacramento Road on the east
and the current General Plan boundary on the west. The project
site is at the upstream boundary of the storm drain and wastewater
utilities for this area. The developer's engineer shall provide
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detailed drainage master plans, including engineering calculations,
for the entire area as well as all phases of the proposed project.
City staff will assist in this process to the extent practicable. Should
City staff be unable to meet developer's schedule, developer shall
have the option to pay the City to contract for supplemental outside
consultant services to expedite review and approval of the master
planning work.
b) Current soils report. If the soils report was not issued within the
past three (3) years, provide an updated soils report from a licensed
geotechnical engineer.
c) Grading, drainage and erosion control plan.
d) Copy of Notice of Intent for NPDES permit, including storm water
pollution prevention plan (SWPPP).
e) All utilities, including street lights and electrical, gas, telephone and
cable television facilities.
f) Landscaping and irrigation plans for street medians and parkway
areas in the public right-of-way.
g) Undergrounding of existing overhead utilities, excluding
transmission lines.
h) Installation of the proposed traffic signal at the main project
driveway on Lower Sacramento Road. The traffic signal shall be
designed to operate as an eight phase signal.
i) Modification of the existing southerly Sunwest Plaza (Food 4 Less)
driveway to widen the driveway to the south as shown on the site
plan and construct a driveway return comparable to the existing
driveway return.
j) Installation/modification of the traffic signal at the Kettleman
Lane/Westgate Drive intersection as required by the project.
k) Traffic striping for Lower Sacramento Road, Westgate Drive and
Ket#leman Lane.
A complete plan check submittal package including all the items listed
above plus engineering plan check fees is required to initiate the Public
Works Department plan review process for the engineered improvement
plans.
2. There is limited wastewater capacity in the wastewater main in Lower
Sacramento Road. The area of the shopping center site containing the
proposed Wal-Mart store lies outside the service area for the Lower
Sacramento Road wastewater line. Developer shall perform a capacity
analysis using flow monitoring protocols to assess the viability of utilizing
the Lower Sacramento Road wastewater line on an interim basis.
Wastewater facilities outside the Lower Sacramento Road service area
shall be designed to allow future connection to the wastewater main in
Westgate Drive. If the capacity analysis indicates that interim capacity
in the Lower Sacramento Road wastewater line is not available, master
plan wastewater facilities shall be constructed to serve the project.
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3. Installation of all public utilities and street improvements in conformance
including, but not limited to, the following:
a) Installation of all curb, gutter, sidewalk, traffic signal and
appurtenant facilities, traffic control or other regulatory/street signs,
street lights, medians and landscaping and irrigation systems. All
improvements on Kettleman Lane shall be in conformance with City
of Lodi and Caltrans requirements and require Caltrans approval.
Additional right-of-way acquisition outside the limits of the map may
be required and shall be the responsibility of the developer.
b) The extension/installation of all public utilities, including, but not
limited to, the extension of master plan water, wastewater, storm
drainage and reclaimed water mains to the south end of Westgate
Drive and the extension of water, wastewater and industrial waste
transmission lines through the shopping center site from Lower
Sacramento Road to Westgate Drive. The developer's engineer
shall work with Public Works Department staff to resolve public
utility design issues.
c) Relocation of existing utilities, as necessary, and undergrounding of
existing overhead lines, excluding electric (64 kv) transmission
lines.
d) Storm drainage design and construction shall be in compliance with
applicable terms and conditions of the City's Stormwater
Management Plan (SMP) approved by the City Council on March 5,
2003, and shall employ the Best Management Practices (BMPs)
identified in the SMP. If bioswales are to be used, they need to be
clearly delineated and detailed on the site plan and the landscape
plan. Most trees are not compatible with bioswales.
e) The lane configuration for Westgate Drive shall be consistent with the
West Side Facility Master Plan. The street improvements will include
a landscaped median and parkways. Improvements on
Westgate Drive shall extend to and include the installation of the
westerly curb and gutter. Acquisition of street, public utility and
construction easements from the adjoining property may be necessary
to allow this construction and shall be the responsibility of the
developer. Street improvements for Westgate Drive shall be
constructed from the signalized intersection on Kettleman Lane to the
south boundary of the parcel map.
f) Modification of the existing southerly Sunwest Plaza (Food 4 Less)
driveway in conformance with the California Semitrailer wheel track
(18m/60ft radius) turning template to accommodate northbound right
turns. Acquisition of additional right-of-way and construction
easements from the adjacent property to the south may be necessary
to accomplish this work and shall be the responsibility of the
developer.
All public improvements to be installed under the terms of an improvement
agreement to be approved by the City Council prior to development of the
first parcel.
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4. The proposed temporary storm drainage basin shall be designed in
conformance with City of Lodi Design Standards §3.700 and must be
approved by the City Council. Acquisition of property to accommodate
the construction of the temporary drainage basin is the responsibility of
the developer. All drainage improvements shall be designed for future
connection to permanent public drainage facilities when they become
available. If a temporary outlet from the drainage basin to the public
storm drain system in Lower Sacramento Road is desired, developer's
engineer shall contact the Public Works Department to coordinate this
work with the City's mower Sacramento Road Widening Project.
5. A Caltrans encroachment permit is required for all work in the Kettleman
Lane right-of-way, including landscape and irrigation improvements in
the median and parkway along the site frontage. Based on past
experience, Caltrans will only allow landscape and irrigation
improvements within their right-of-way if the City enters into an
agreement with Caltrans covering maintenance responsibilities for those
improvements. The City is willing to execute such an agreement,
however, the developer will be required to execute a similar landscape
maintenance agreement with the City assuming the city's responsibilities
for the landscape and irrigation improvements in the parkways. The City
will accept maintenance responsibilities for all landscape and irrigation
improvements in the median.
6. Design and installation of public improvements to be in accordance with
City master plans and the detailed utility master plans as previously
referenced above.
Note that the developer may be eligible for reimbursement from others for
the cost of certain improvements. It is the developer's responsibility to
request reimbursement and submit the appropriate information per the
Lodi Municipal Code (LMC) §16.40.
7. Parcels 1 through 12 are zoned C -S to allow development of a
commercial shopping center. The following improvements shall be
constructed with the development of the first parcel zoned for commercial
development:
a) Installation of all street improvements on tower Sacramento Road,
Kettleman Lane and Westgate Drive. Street improvements for Lower
Sacramento Road and Westgate Drive shall be constructed from the
signalized intersections on Kettleman Lane to the south boundary of
the parcel map. Street improvements along the frontages of Parcels
1, 12 and "A" shall extend to and include the installation of the
westerly curb and gutter.
b) Modification of the existing southerly Sunwest Plaza (Food 4 Less)
driveway in conformance with the California Semitrailer wheel track
(18m/60ft radius) turning template to accommodate northbound right
turns.
c) The extension/installation of all public utilities necessary to serve the
commercial development and/or required as a condition of
development.
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d) Temporary storm drainage detention basin to serve the project.
B. Acquisition of street right-of-way, public utility easements and/or
construction easements outside the limits of the map to allow the
installation of required improvements on Kettleman Lane, Lower
Sacramento Road and Westgate Drive.
9. Abandonment/removal of wells, septic systems and underground tanks in
conformance with applicable City and County requirements and codes
prior to approval of public improvement plans.
Payment of the following:
a) Filing and processing fees and charges for services performed by
City forces per the Public Works Fee and Service Charge Schedule.
b) Development Impact Mitigation Fees per the Public Works Fee and
Service Charge Schedule at the time of payment and as provided by
Resolution 2004-238 adopted by the City Council on November 3,
2004.
c) Wastewater capacity fee at building permit issuance.
d) Reimbursement fees per existing agreements:
I. Reimbursement Agreement RA -02-02. The reimbursement fee
for 2004 is $32,307.78. The fee is adjusted annually on January
1. The fee to be paid will be that in effect at the time of payment.
II. The Vintner's Square shopping center on the north side of
Kettleman Lane is currently under construction. We anticipate
that the developer of the Vintner's Square project will submit a
request for reimbursement in conformance with LMC 16.40
Reimbursements for Construction covering public improvements
in Kettleman Lane and Westgate Drive constructed with that
development which benefit the Lodi Shopping Center project
when the Vintner's Square improvements are complete. Upon
submittal, the reimbursement agreement will be prepared by City
staff and presented to the City Council for approval. Any
reimbursement fees approved by the City Council that affect the
Lodi Shopping Center site will have to be paid in conjunction with
the development of the first parcel.
e) Reimbursement to the City for the installation and/or design costs for
the following improvements to be included in City's Lower
Sacramento Road project:
I. Installation of 10 -inch water main and storm drain lines, including
appurtenant facilities, in Lower Sacramento Road in conformance
with LMC §16.40 Reimbursements for Construction.
II. Water, wastewater and storm drain stubs to serve the shopping
center project.
III. Any other costs associated with changes/additions necessary to
accommodate the Lodi Shopping Center project, including, but
not limited to, any utility alignment changes for public utilities to be
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extended through the site and the proposed dual northbound left
turn lanes and conduit crossings for the traffic signal
improvements at the main shopping center driveway.
f) The project shall contribute its fair share cost to the installation of a
permanent traffic signal at Lower Sacramento Road and Harney
Lane. Until the intersection improvements are made and traffic
signals are installed, the project applicant shall contribute its fair
share cost for the installation of a temporary traffic signal with left -turn
pockets on all four approaches to the Lower Sacramento Road/
Harney Lane intersection.
The above fees are subject to periodic adjustment as provided by the
implementing ordinance/resolution. The fee charged will be that in effect
at the time of collection indicated above.
10. Obtain the following permits:
a) San Joaquin County well/septic abandonment permit.
b) Caltrans Encroachment Permit for work in Caltrans right-of-way.
11. The City will participate in the cost of the following improvements in
conformance with LMC §16.40 Reimbursements for Construction:
a) Master plan storm drain lines.
b) Master plan water mains.
c) Master plan reclaimed water mains
d) Industrial waste
Please note that construction of master plan wastewater facilities to serve
the project site is not included in the City's Development Impact Mitigation
Fee Program and is not subject to impact mitigation fee credits for sewer
facilities or reimbursement by the City.
H. Install fire hydrants at locations approved by the Fire Marshal.
I. Shopping carts shall be stored inside the buildings or stored in a cart storage
area adjacent to the entrance of the building.
J. No outdoor storage or display of merchandise shall be permitted at the
project unless a specific plan for such display is approved by SPARC. At no
time shall outdoor storago or display bo allowed within the parking area, drive
aisle or required sidewalks of the center.
K. Vending machines, video games, amusement games, children's rides,
recycling machines, vendor carts or similar items shall be prohibited in the
outside area of all storefronts. The storefront placement of public
telephones, drinking fountains and ATM machines shall be permitted subject
to the review and approval of the Community Development Director.
L. All storage of cardboard bales and pallets shall be contained within the area
designated at the rear of the Wal-Mart building for such use. No storage of
cardboard or pallets may exceed the height of the masonry enclosure at any
time.
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M. The loading area shown in front of the Wal-Mart building shall be stripped
and posted with "NO PARKING — LOADING ONLY" signs to the satisfaction
of the Community Development Director.
N. A photometric exterior lighting plan and fixture specification shall be
submitted for review and approval of the Community development Director
prior to the issuance of any building permit. Said plans and specification shall
address the following:
1. All project lighting shall be confined to the premises. No spillover beyond
the property line is permitted.
2. The equivalent of one (1) foot-candle of illumination shall be maintained
throughout the parking area.
O. Exterior lighting fixtures on the face of the buildings shall be consistent with
the theme of the center. No wallpacks or other floodlights shall be permitted.
All building mounted lighting shall have a 90 -degree horizontal flat cut-off
lens unless the fixture is for decorative purposes.
P. All parking light fixtures shall be a maximum of 25 feet in height. All fixtures
shall be consistent throughout the center.
Q. All construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m.
Monday through Saturday. No exterior construction activity is permitted on
Sundays or legal holidays.
R. Prior to the issuance of a building permit for the new Wal-Mart Supercenter,
the applicant shall ensure one of the following with respect to the existing
Wal-Mart building located at 2350 West Kettleman Lane ("Building"):
a) The owner of the Building shall have entered into signed lease(s) with
bona -fide tenant(s) for at least 50% of the Building square footage (not
including the fenced, outdoor garden center). The signed lease(s)
required hereunder shall include a lease(s) with a bona -fide retailer(s) or
restaurant for a minimum of two-thirds of the Building frontage (not
including the fenced, outdoor garden center); or
b) The owner of the Building shall have entered into a fully executed
purchase agreement for the Building with a bona -fide retailer; or
c) The Applicant shall present to the City a cash escrow account, subject to
the approval of the City Attorney, which account shall be for the purpose
of securing applicant's obligation to demolish the Building not later than
90 days after the opening to the general public of the new Wal-Mart
Supercenter (the "Opening Date"). The amount of the deposit shall be
equal to the City estimated reasonable costs to demolish the Building
(based on a licensed contractor estimate) plus $100,000. The escrow
account shall be paid to City in the event that Option (a), (b) or (c) is not
satisfied within 90 days of the Opening Date. if Option (a), (b) or (c) is
satisfied within 90 days after the Opening Date, the cash in the
escrow account shall be refunded in full to the Applicant.
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If the Applicant does not satisfy this condition under Option (a), (b) or (c)
within 90 days after the Opening Date, the City shall use the funds to
demolish the Building with any balance reverting to the City as
compensation for its expense and inconvenience incurred to demolish the
Building. The owner of the Building shall present evidence that any lender
on the Building consents to the demolition in a form subject to the
approval of the City Attorney. This condition shall be recorded against the
property as a deed restriction, which runs with the land. Applicant and
Wal-Mart agree to enter into any agreements that are necessary in order
to implement this condition.
S. No materials within the garden or seasonal sales area shall be stored higher
than the screen provided.
T. Wal-Mart shall operate and abide by the conditions of the State of California
Alcoholic Beverage Control license Type 21, off sale -general.
U. Wal-Mart shall insure that the sale of beer and wine does not cause any
condition that will result in repeated activities that are harmful to the health,
peace or safety of persons residing or working in the surrounding area. This
includes, but is not limited to: disturbances of the peace, illegal drug activity,
public drunkenness, drinking in public, harassment of passerby, assaults,
batteries, acts of vandalism, loitering, illegal parking, excessive or loud noise,
traffic violations, lewd conduct, or police detention and arrests.
V. This Use Permit is subject to periodic review to monitor potential problems
associated to the sale of alcoholic beverages.
W. Prior to the issuance of a Type 21 license by the State of California Alcoholic
Beverage Control Department, the management of the Wal-Mart store shall
complete the Licensee Education on Alcohol and Drugs (LEAD) as provided
by the State Alcoholic Beverage Control Department. In the event that Wal-
Mart has training that is equivalent to the LEAD program, such
documentation shall be submitted to the Community Development Director
for review and approval.
X. The project shall incorporate all mitigation measures as specified in the
adopted Final Environmental Impact Report EIR-03-01 for the project.
Y. The submitted Use Permit, Parcel Map and associated plot plan are hereby
approved subject to the conditions set forth in this resolution.
Z. No variance from any City of Lodi adopted code; policy or specification is
granted or implied by the approval of this Resolution.
AA. The sliding gates that are shown in the rear of the Wal-Mart building shall
have a knox box system at each gate for Fire Department access.
BB. Buildings, which are fire sprinkled, shall have Fire Department connections
within 50 feet of a fire hydrant, subject to the Fire Marshall's approval.
CC. Fire lanes shall be identified per Lodi Municipal Code 10.40.100 and marked
in locations specified by the Fire Marshall. Ail fire lanes shall be a minimum
of 24 -foot -wide.
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DD. The water supply for the project shall meet the requirements for fire hydrants
and fire sprinkler demand and system approved by the Fire Marshall.
EE. Developer shall pay for the linkage study that the City is required to do based
on Program 11 of the recently adopted Housing Element of the General Plan.
The developer shall receive a credit for the amount paid against the final fee
as adopted by the City Council.
FF. Wal-Mart shall provide proof of sale, to a non Wal-Mart related entity, of the
existing Wal-Mart property located at 2350 W. Kettleman Lane prior to the
issuance of the building permit for the new Wal-Mart Supercenter without
condition on the right of purchaser to lease or sell the existing Wal-Mart
building.
5. The City Council certifies that a copy of this Resolution, and Final Environmental
Impact Report are kept on file with the City of Lodi Community Development
Department, 221 West Pine Street, Lodi, CA 95240.
Dated: February 16, 2005
I hereby certify that Resolution No. 2005-38 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 16, 2005, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and
Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — Mayor Beckman
SUSAN J. BLACKSTON
City Clerk
2005-38
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