HomeMy WebLinkAboutResolutions - No. 2016-23RESOLUTION 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
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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-Plannino
1. 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
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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.
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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 Tess 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
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20. Any new doors or newly -required entrance or exit doors are required to be accessible. The
2013 CBC, Section 11B-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 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 11B-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
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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
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