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HomeMy WebLinkAboutAgenda Report - May 16, 2018 G-03 PHTM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM G-3 AGENDA TITLE: Public Hearing to Consider the Appeal of Omair Nasim / DN Acquisitions, LLC, for Reconsideration of the Planning Commission Project Denial MEETING DATE: May 16, 2018 PREPARED BY: Community Development Department RECOMMENDED ACTION: Public hearing to consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project denial. BACKGROUND INFORMATION: On November 8, 2017, the Planning Commission conducted a public hearing for Omair Nasim / DN Acquisitions, LLC's request for a Site Plan and Architectural Review for the construction of a 76 gas station with convenience store, six -dispenser fuel station, car wash and site improvements at 141 East Harney Lane. The property is zoned Industrial and is located at the northwest corner of East Harney Lane and South Stockton Street. Gas stations are accessory retail uses are allowed by right in the Industrial zone, subject to desiring review approval. The neighboring property to the north is also zoned Industrial and is occupied by a non -conforming Montessori school. The discussion at the Planning Commission meeting focused primarily on allowed land uses, potential alcohol sales, shared access through the existing driveway on the neighboring property to the north, and site layout. After objections by the Montessori school, the applicant agreed to conditions to modify the proposed site plan and construct a new separated driveway on South Stockton Street, and a physical barrier in the median of South Stockton Street. The Planning Commission made factual findings, adopted a resolution for approval, and approved the project as conditioned by a (5-0) vote. As a result, the approved project did not utilize the existing shared driveway easement for access off of South Stockton Street. However, after that approval, the Applicant reports that their franchisor reviewed the layout of the modified site plan and concluded that the location of the separated driveway could not accommodate fuel deliveries. As a result, the applicant submitted a new application which would eliminate condition of approval #45 and revise the approved site plan to allow refueling trucks to utilize a common driveway with the northern landowners, to which the applicant has legal access. On April 11, 2018, the Lodi Planning Commission held a duly noticed public hearing for the Omair Nasim / DN Acquisitions, LLC's request to modify the previously approved site plan to allow them to utilize their pre-existing shared driveway easement for access off of South Stockton Street and eliminate the condition requiring construction of a median on South Stockton Street. At the April 11, 2018 meeting the Planning Commission focused primarily on the shared access and the existing driveway between two properties. Based on the administrative record before them, the Planning Commission voted 2-2 in favor of approval, with the vote resulting in a denial of the applicant's request. APPROVED: t1 a'Sch .1 - er, City Manager Public Hearing to Consider the Appeal of Omair Nasim / DN Acquisitions, LLC, for Reconsideration of the Planning Commission Project Denial May 16, 2018 Page 2 of 2 In an effort to move the project forward, the applicant is appealing the Planning Commission's decision to the City Council. The project before the City Council is an appeal to overturn the denial of the applicant's architecture and site review for a proposed gas station use, which modified the site plan and removed condition #45 originally approved by the Planning Commission at the November 8, 2017 meeting. To date, this application has been before the Site Plan and Architecture Review Committee for two public hearings and the Planning Commission for two public hearings. Although the focus of the application should be on the site layout and building architecture, the main discussion at all four public hearings has been in regard to a shared driveway and private access easement that serves the project site and the neighboring property to the north. However, a private party's use of their privately owned access easement is not within the jurisdiction of the City. If the right is legally vested, the City does not have the right to deny the project and effectively take away that private property right. Applicant has provided evidence that the requested configuration is required for the fuel delivery vehicles to be able to have a safe turn radius to deliver fuel. The Applicant requests that the Council reconsider the 2-2 Planning Commission vote. A 2-2 vote while actually a failure to decide the request, operates effectively as a denial. Representatives from the neighboring Montessori School have stated that they will be at the hearing. Staff anticipates discussion areas to include approved land use, land use compatibility, the shared driveway access, and safety issues created by the project design. However as stated above, the shared driveway is a property right created by the predecessor -in -interest of the current owners of the adjoining properties and outside the scope of the City's land use authority. Staff will prepare a resolution following the public hearing to reflect City Council's decision. FISCAL IMPACT: None. FUNDING AVAILABLE: Not applicable. Stephen Schwabauer Community Development Director Attachments: 1) Planning Commission April 11, 2018 Draft Minutes 2) Planning Commission Resolution 3) Planning Commission Staff Report LODI PLANNING COMMISSION REGULAR COMMISSION MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, APRIL 11, 2018 1. CALL TO ORDER / ROLL CALL The Regular Planning Commission meeting of April 11, 2018 was called to order by Chair Slater at 7:00 p.m. Present: Planning Commissioners — Gomes, Hennecke, Kirsten and Chair Slater Absent: Planning Commissioners — Cummins, Kirst and Olson Also Present: City Planner Craig Hoffman, Deputy City Attorney John Fukasawa, Deputy Public Works Director Lyman Chang and Department Secretary Kari Chadwick 2. MINUTES "November 8, 2017" & "December 13, 2017" MOTION / VOTE: No Motion/Vote could be taken since the minutes were not provided in time for the meeting. 3. PUBLIC HEARINGS a) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Slater called for the public hearing to consider the request of the Planning Commission to approve a commercial Tentative Parcel Map to divide one parcel into two lots at 2000 W Turner Road / 535 North Mills Avenue. (Applicant: RRM Enterprises, LLC; File 2018-07 P; CEQA Determination: Categorical Exemption Pursuant to CEQA Guidelines Section 15315) City Planner Craig Hoffman gave a brief presentation based on the staff report. Staff is recommending approval of the project as conditioned. Hearing Opened to the Public • Aster Canet, representative for the applicant, came forward to answer questions. • Commissioner Kirsten asked Mr. Canet if he was the owner of the property. Mr. Canet stated that he is not the owner. Mr. Kirsten asked Mr. Canet to relay a message to the owner regarding the condition that the property is being kept and the concerns that were express to him by the neighbors while visiting the site. Mr. Canet stated that he would relay that message. Mr. Hoffman stated that staff would also follow-up on that item. • Richard Boyd, local resident, came forward to confirm exactly where the division lines will be located. Mr. Hoffman pointed to the area on the aerial slide. • Wes Widmer, representative of the current owner, came forward to state that the owner is in the process of getting the property cleaned up. • Susan Feston, Rutledge resident, came forward to express concerns regarding the condition that the orchard is being kept. She added that most of the orchard is dead. Public Portion of Hearing Closed MOTION / VOTE: The Planning Commission, on motion of Commissioner Gomes, Kirsten second, finds that the project has satisfied the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 and adopts a resolution approving a commercial Tentative Parcel Map to divide one parcel into two lots at 2000 W Turner Road / 535 North Mills Avenue, subject to the findings and conditions of approval contained in the draft resolution. The motion carried by the following vote: April 11, 2018 PC Minutes Page 2 of 5 Ayes: Commissioners — Cummins, Gomes, Hennecke and Chair Slater Noes: Commissioners — None Absent: Commissioners - Cummins, Kirst and Olson b) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Slater called for the public hearing to consider the request of the Planning Commission to approve a Use Permit to allow a wine production facility and wine tasting room, Type 2 ABC license, at 710 South Beckman Road Suite C and D. (Applicant: Cabana Wines — Robert Smerling; File 2018-16 U; CEQA Determination: Exempt per Section 15321) City Planner Craig Hoffman gave a brief presentation based on the staff report. Staff is recommending approval of the project as conditioned. Commissioner Kirsten disclosed that he had a meeting with Mr. Smerling to discuss the project. Chair Slater disclosed that he also had a discussion with Mr. Smerling regarding the project. Commissioner Kirsten asked Mr. Hoffman to point out the tasting room area. Mr. Hoffman stated that the space that is highlighted in the staff report will be used for the tasting room. Mr. Kirsten asked about the square footage. Mr. Hoffman stated that the square footage is 1500 to 1700 for the tasting room and the overall square footage for the entire suite is approximately 3000. Chair Slater asked if there are conditions on the project regarding the amount of expansion within the space that will be allowed. Mr. Hoffman stated that there are several conditions placed on the space regulating where the alcohol is allowed. Hearing Opened to the Public • Robert Smerling, applicant, came forward to answer questions. Mr. Smerling stated that he has had an extremely pleasant experience moving his business from Sacramento to Lodi. He stated that ABC regulates where the alcohol is allowed to be served and the offices will not be a part of the area that allows alcohol. • Chair Slater asked if Mr. Smerling has talked with the neighbors. Ms. Smerling stated that the owner of the property is the only other tenant of the building and their schedule will work well with Cabana's. • Chair Slater reminded Mr. Smerling that all of his employees will need to go through the ABC training. Mr. Smerling stated that he is very aware of that condition. Public Portion of Hearing Closed MOTION / VOTE: The Planning Commission, on motion of Commissioner Kristen, Gomes second, finds that the project has satisfied the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15321 and adopts a resolution approving a Use Permit to allow a wine production facility and wine tasting room, Type 2 ABC license, at 710 South Beckman Road Suite C and D, subject to the findings and conditions of approval contained in the draft resolution. The motion carried by the following vote: Ayes: Commissioners — Gomes, Hennecke, Kirsten and Chair Slater Noes: Commissioners — None Absent: Commissioners - Cummins, Kirst and Olson c) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Slater called for the public hearing to consider the request of the Planning Commission to consider Site Plan and Architectural Review for the 2 April 11, 2018 PC Minutes Page 3 of 5 construction of a 76 gas station with convenience store, 6 dispenser fuel station, car wash and site improvements at 141 East Harney Lane. (Applicant: Mr. David Lundy; File Number: 2018-12 SP; CEQA Determination: Exempt Per Section 15332) Deputy City Attorney John Fukasawa commented on the letter received by Brett Jolley requesting a continuance by stating that the letter from Mr. Jolley is just a request and it does not offer a significant reason to delay a decision on this item tonight. The access rights are a private issue between the two property owners. Commissioner Kirsten stated that he would support a continuance since the representative for the neighboring property could not be in attendance for this meeting. He would like to see more of the Commission in attendance to weigh-in on the item and with the project having a start date of six months from now it wouldn't hurt the project. He also added that it would be the courteous thing to do. Mr. Fukasawa stated that procedurally the Commission should listen to the presentation and public hearing comments prior to any further discussion or comments. City Planner Craig Hoffman gave a brief presentation based on the staff report. He added that there has been a great deal of discussion regarding the access easement in the past, but staff cannot deny them the right to use that driveway. Staff is recommending approval of the project as conditioned. Commissioner Hennecke asked if this is a private easement issue. Mr. Hoffman stated that it is a private issue. Staff is not in a position to deny them the use of the driveway. Mr. Hennecke stated that he cannot see a reason to continue the item. Chair Slater asked why the approved design failed. Mr. Chang stated that staff did not like allowing the driveway to be move closer to the intersection, but after meeting with the applicant agreed to allow it with the added condition that the applicant would have to add the median on Stockton Street. Mr. Hoffman stated that the item is being brought back because the fuel trucks cannot make the turn from the driveway that was approved it had nothing to do with the building of the median. Commissioner Gomes expressed her concern regarding the idea of a tanker truck sharing a driveway with a school. Commissioner Kirsten agreed with Commissioner Gomes's concern with the shared driveway. Commissioner Hennecke stated that the Commission doesn't have a say in a private easement. Commissioner Kirsten ask why the Commission is hearing this item then. Mr. Hoffman stated that a condition in the approved resolution has changed. Commissioner Gomes stated that the project was originally approved by the Commission with the driveway being separate and not shared with the school. She added that moving the driveway back to the shared access will change the way she votes for the project. Hearing Opened to the Public • Omar Nasim, project developer, came forward to answer questions. Mr. Nasim stated that he was presented with the letter when he arrived for the meeting. He stated that Mr. Jolley has been very difficult to get a hold of for discussion for the project. Mr. Nasim stated that this is the fourth time to be in front of a Lodi Committee or Commission and Mr. Jolley has presented a new reason for the project to not go forward. He addressed Commissioner Gomes's concerns with the likelihood of there being any cross over of the school traffic and the fuel truck by stating that he fuel company was concerned with that as well, so would only be doing night deliveries. Mr. Nasim added that they are willing to work with the other product delivery trucks to help avoid the high traffic times. Mr. Hoffman asked Mr. Nasim if he would be willing to put a condition stating that there will not be any fuel deliveries between 7:00 a.m. and 5:00 p.m. Mr. Nasim stated he could not see a reason for not adding it, but would like to confirm the condition with the fuel company. He expressed additional frustration over the unwillingness of the owners of the property and their representative to meeting with them over these items prior to any of the meetings. 3 April 11, 2018 PC Minutes Page 4 of 5 • Commissioner Kirsten thanked Mr. Nasim for his comments. He stated his agreement of the letters being received at the "11th hour" from Mr. Jolley being unprofessional. Mr. Kirsten added that he is still concerned with not being able to hear from the Montessori School. He asked if Mr. Nasim would be willing to continue this item to April 25th to give the Commission to hear from the school. Mr. Nasim stated that they have already lost a few months and they would like to start build in 60 to 90 days at this point. Mr. Kirsten stated that the two week delay shouldn't be much of a hardship then in comparison. • Commissioner Hennecke stated that receiving a letter within a couple of hours of a meeting never sits well with him. He asked staff if the Montessori School originally bought the entire piece of land and then sold off this parcel. Mr. Hoffman stated that is correct. Mr. Hennecke stated that the school should have conditioned the sale of the property to take into consideration that this is and has always been zoned for industrial uses. • Chair Slater stated that he is also concerned with the fact that another letter was received at the end of the day by Mr. Jolley. Mr. Slater asked if the applicant could use the shared driveway even if the Commission doesn't agree with that decision. • Commissioner Kirsten asked to see what the previous approval was for the project. Mr. Hoffman stated that the approval had a separate driveway and a planter blocking the access from the property to the shared driveway, but it didn't eliminate the access easement. Mr. Hennecke asked what the length/width of the area is where the planter was proposed. Mr. Hoffman stated that the width is about twelve feet. • Commission Gomes stated that the applicant didn't object to limiting deliveries to outside the school hours and she would be inclined to support the project with that condition. • Commissioner Kirsten asked Mr. Nasim would be in favor of having a condition added limiting the hours of deliveries to off school hours. Mr. Nasim clarified that it would be limited to fuel deliveries during school hours. Mr. Hoffman stated that the hours of the school would be from 7:00 a.m. to 5:00 p.m., but the busy traffic hours are during drop off and pick up. Mr. Nasim stated that he can support limiting the hours of fuel delivery to fall outside of the 7:00 a.m. to 5:00 p.m. time frame. Ms. Gomes asked if it is only fuel deliveries or all deliveries. Mr. Hoffman stated that it is limited to fuel deliveries. Mr. Kristen stated that there is a concern with children and trucks in the same vicinity. He then asked Mr. Nasim if he is able to able to agree to limit the delivery times of all of the trucks. Mr. Nasim stated that he can for the fuel delivery, but would have to check with the other venders to confirm delivery options. Mr. Slater can't imagine the trucks being the same size of the tanker trucks for the other deliveries. • Commissioner Hennecke doesn't feel comfortable conditioning this business regarding delivery times. He believes that the trucks are going to show up when they show up and if there project is conditions to not allow drops there will be trucks just sitting and waiting. Mr. Hennecke also stated that both parcels are zoned industrial and this is an allowed use for the site. He added that it should be up to the two property owners to work this issue out not he Commission's. He commends the applicant for being willing to work with the school. • Chair Slater asked if the Arco has had any nuisance issues. Mr. Hoffman stated that he is not aware of any issues with the Arco across the street. • Mr. Hoffman stated that the Montessori school requires the parents to walk the children into the building and pick them and walk them out of the building, so children are not running around in the parking lot. Public Portion of Hearing Closed MOTION / VOTE: The Planning Commission, on motion of Commissioner Hennecke, Slater second, finds that the project has satisfied the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 and adopts a resolution approving the Site Plan and Architectural Review for the construction of a 76 gas station with convenience store, 6 dispenser fuel station, car wash and site 4 April 11, 2018 PC Minutes Page 5 of 5 improvements at 141 East Harney Lane, subject to the findings and conditions of approval contained in the draft resolution. The motion carried by the following vote: Ayes: Commissioners — Hennecke and Chair Slater Noes: Commissioners — Gomes and Kirsten Absent: Commissioners - Cummins, Kirst and Olson 4. PLANNING MATTERS/FOLLOW-UP ITEMS None 5. ANNOUNCEMENTS AND CORRESPONDENCE None 6. ACTIONS OF THE CITY COUNCIL Mr. Hoffman stated that the Growth Allocations for the Gateway South Subdivision application will be taken to the City Council on May 2"d 7. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE None 8. ACTIONS OF THE LODI ART COMMISSION Commissioner Kirsten gave a brief report regarding the items that have been discussed at the most recent meetings. 9. COMMENTS BY THE PUBLIC (NON -AGENDA ITEMS) None 10. COMMENTS BY STAFF AND COMMISSIONERS (NON -AGENDA ITEMS) Commissioner Gomes asked if there is an update regarding the dentist office painting on Kettleman Lane. Mr. Hoffman stated that they recently painted over the bright colors with a little lighter version. He added that if they are not willing to discuss painting it another color, it will be referred to Code Enforcement. Chair Slater stated that he would love to see everyone out at the Love Lodi event this weekend. Commissioner Kirsten asked for an update on the bowling alley. Mr. Hoffman stated that the building plans should be submitted in the next couple of months. Mr. Kirsten asked about Papa Pavlos complex plans. Mr. Hoffman stated that those plans should be submitted any time as well. Commissioner Hennecke asked about the application from 011ie's. Mr. Hoffman stated that the owners have purchased the property next door and would like to expand to the patio in the back as well as a small building at the back of the recently purchased property. Mr. Fukasawa stated that there shouldn't be any discussion on this item before the public hearing beyond what has been said to this point. 11. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:20 p.m. ATTEST: Kari Chadwick Planning Commission Secretary 5 RESOLUTION NO. P.C. 18-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING THE REQUEST OF MR. DAVID LUNDY FOR SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A PROPOSED GAS STATION WITH A CONVENIENCE STORE, CAR WASH AND CANOPY AT 141 EAST HARNEY 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 Site Plan and Architectural Review, in accordance with the Lodi Municipal Code, Section 17.40; and WHEREAS, the project proponents are PM Design Group, Mr. David Lundy, 6930 Destiny Drive #100, Rocklin CA 95677; and WHEREAS, the project parcel is owned by DN Acquisitions LLC, 10940 Trinity Parkway Suite C, Stockton, CA 95219; and WHEREAS, the project is located at 141 East Harney Lane, Lodi, CA 95240, APN: 062-410-35; and WHEREAS, the property has a General Plan designation of Industrial and is zoned Industrial; 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: 1. The project is consistent with the City's General Plan, the Municipal Development Code standards, and the City's Design Guidelines 2. The project incorporates elements of the design guidelines for the Industrial Zoning District. The proposed 76 gas station development is an allowed use and staff recommends approval subject to the conditions of approval, with recommended design modifications. 3. The project is consistent with the overall physical development of the area. The proposed project includes site and frontage improvements that do not impact adjacent properties. The project includes off-street parking, loading and unloading areas, traffic circulation and access points and pedestrian circulation areas in accordance with code requirements. The project parcel and adjacent parcel have been zoned Industrial since the project parcel was created in 2002. A gas station has been an allowed use since that time in the Heavy Industrial (H2) and now Industrial zone (M). 4. The proposed building will include design features, textures and colors that are consistent with the area. 5. The project design is conditioned to include materials and construction consistent with the area. 6. The project as conditioned is consistent with the Lodi Development Code and adopted City standards. The project is conditioned to include design features that enhance path of travel, improve walkways and improve ADA access within the site. The project parcel and adjacent parcel have been zoned Industrial since the project parcel was created in 2002. A gas station has been an allowed use since that time in the Heavy Industrial (H2) and now Industrial zone (M) 7. The project is found to be categorically exempt from CEQA review under 14 CCR §15332. Class 32 consists of In -Fill Development Projects. The project is consistent with the General Plan, is located in the City limits, is less than 5 -acres in size and is surrounded by existing 1 urban uses. The project site is not a habitat for any rare or endangered species of plant or wildlife, and the project will not create a significant environmental impact. The project 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. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that Site Plan and Architectural Review Application No. 2018-12 SP is hereby approved, subject to the following conditions: Community Development - Planning 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 Site Plan and Architectural Review 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 Site Plan and Architectural Review 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 Site Plan and Architectural Review. 3. The project proponent shall submit appropriate plans to the Community Development Department for plan check and building permit. The plans shall include architectural features such as the colors, elevation including all other elements approved by the Planning Commission. Any significant alteration to the site plan as approved by the Planning Commission shall require an action by the Planning Commission. Minor changes, however, may be approved subject to review and approval of the Community Development Director. The developer/applicant shall construct and 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. 4. A final color palette shall be submitted with the first building permit application and shall be in substantial conformance with colors and materials approved by the Planning Commission. 5. 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. 6. The subject site shall be maintained in a sanitary, litter -free, graffiti -free, and respectable appearance. Any damage or vandalism sustained to the property shall be repaired within a maximum of fourteen (14) days. 2 7. All signs shall be in strict compliance with the City of Lodi's Zoning Ordinances. All signage shall be subject to review and approval of the Community Development Director. All signage shall be individual channel letters or the equivalent. No exposed raceway shall be permitted with the signage. All identification signs shall require a building permit. 8. No flashing, moving, animated, temporary signs or banners shall be permitted. 9. The building plan submittal shall include landscape plans prepared by a licensed landscape architect. Landscape plans need to meet the state water conservation standards. 10. The project will be built consistent with the project plans attached to this staff report. Building Department (General Comments): 11. The construction of the new buildings, canopy, fueling station, underground tanks and related site improvements shall require building permits. All plan submittals shall be based on the City of Lodi Building Regulations and currently adopted 2016 California Building code. Please review our policy handouts for specific submittal procedures. 12. Plans shall provide occupancy load calculations for each area of the building based on square footage and the applicable occupant load factor from Table 1004.1.2. 2016 CBC, Section 1004.1.2 13. If the occupant load for any commercial suite 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. 2016 CBC, Section 1007.1.1 b) Exit doors shall swing in the direction of egress travel. 2016 CBC, Section 1010.1.2.1 c) The exit doors and exit access doors shall be equipped with panic hardware. 2016 CBC, Section 1010.1.10 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. 2016 CBC, Sections 1008.1 thru 1008.3.5 e) Show locations of required illuminated exit signs. 2016 CBC, Section 1013 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." 2016 CBC, Section 1013.4 14. Site Plan to show all building entrances and ground level exits shall be connected on an accessible route to other buildings on the site, public transportation stops, accessible parking and passenger loading zones and to public streets and sidewalks. 2016 CBC, Sections 11B- 206.4.1, 11 B-404, 11 B -Division 4 15. 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 exceeding 5% (i.e., 1:20) shall have ramps complying with 2016 CBC, Section 11 B-405 or 11B- 3 406 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 2016 CBC, Sections 11 B-247.1 & 11 B-705.1.2.5. 16. Plans to specify and show accessible parking spaces in compliance with 2016 CBC, Sections 11 B-208.2, 11 B-502 and Table 11 B-208.2. At least one space shall be van accessible as per 2016 CBC, Section 11 B-208.2.4. Provide complete and adequate accessible parking details to specify and show: 1) A 9' wide x 18' deep accessible parking space(s) with 5' wide striped access aisle. "Van accessible" parking spaces shall be a minimum 12' wide x 18' deep with a 5' wide access aisle or 9' wide with an 8' wide access aisle. 2016 CBC, Section 11 B-502.2 2) The access aisle(s) may be located on either side of the accessible parking space(s), except "van accessible" parking spaces shall have the access aisle located on the passenger side of the accessible parking space. Two accessible parking spaces shall be permitted to share a common access aisle. 2016 CBC, Sections 11 B-502.3.4, 11 B- 502.3 3) The access aisles shall be marked with a blue painted borderline around their perimeter. The area within the blue borderlines shall be marked with hatched lines a maximum of 36" on center in a color contrasting with the aisle surface, preferable blue or white. The words "NO PARKING" shall be painted in 12" high white letters in each access aisle. 2016 CBC, Section 502.3.3 4) The accessible parking spaces and the access aisles shall not exceed 2% cross slope in any direction. 2016 CBC, Section 11 B-502.4 17. Plans to specify location and provide complete and adequate details of the following required parking signage: A. "Unauthorized vehicles..." signs at all driveway entrances, or located adjacent to and visible from each accessible parking space. Indicate on the plans that the sign shall be filled out with the correct appropriate information to become a permanent part of the sign (Lodi Police Department, 209-333-6727). 2016 CBC, Section 11 B-502.8 B. Specify permanently posted reflectorized parking space identification sign at each accessible parking space, 70 -sq. inches in area, and mounted a minimum of 60" (80" when located in the path of travel) from bottom of sign to paving. Provide a "van accessible" sign at appropriate parking spaces. The sign may also be posted on a wall at the interior end of the parking space at a height of 36" above the finished walk or grade. An additional sign below the symbol of accessibility shall state "Minimum Fine $250". 2016 CBC, Section 11 B-502.6 C. Specify pavement -marking symbols at each accessible parking space. 2016 CBC, Section 11 B-502.6.4 18. Unless the building meets one of the exceptions of 2016 CPC, Section 422.2 (allowing a unisex restroom), separate toilet facilities shall be provided for each sex. Plumbing occupant load shall be calculated using the plumbing occupant load factor specified by 2016 CPC Table A for each area use. The required number of plumbing fixtures (water closets, urinals, lavatories) shall be provided, as specified for the proposed occupancy by 2016 CPC, Table 422.1. 4 19. Lodi Municipal Code, Section 15.20.160 requires new buildings or structures, 6,000sqft or more, to be equipped with an automatic fire sprinkler system. If an automatic fire sprinkler system is installed, a) A fire control room is required, as specified by LMC 15.20.180, b) The Fire Sprinkler system shall be submitted under a separate permit and cover to the Building Department by a C-16 licensed contractor. c) Fire sprinkler monitoring alarm system is required by 2013 CFC, Section 903.4. The Fire Alarm System shall be submitted under a separate permit and cover to the Building Department by a C-10 licensed fire alarm contractor. 20. Plans to specify and show a fire access lane to extend within 150' of all portions of the structure. Fire access lane to be a minimum of 24' wide. Dead end fire access lanes in excess of 150' in length shall be provided with an approved area for turning around fire apparatus. Further, amend plans to specify and show fire lane striping (red curb or stripe with "Fire Lane" in 4" high white letters, 3/4' stroke at intervals not less than 50') and fire lane sign at the entrance and the extremity of the lane. 2016 CFC, Section 503.1 and LMC 15.20.080 21. All buildings and structures shall have the required fire separation distance separation to the property lines as specified by the 2016 CBC, Table 602 or shall provide the required fire rated protection of walls, limitations of protected and unprotected openings for each building, as per 2016 CBC, Sections 705, Tables 601, 602 ,705.8 and 716.5 22. Vehicle refueling stations require an operational permit. Apply for required operational permits at the Lodi Fire Department. Approval of required operational permits required prior to building permit issuance. 2016 CFC, Section 105.6.31 Public Works The Public Works Department has the following comments regarding the approval of the review for 141 East Harney Lane: 23. Show all existing public and private easements on the site plan. Permanent structures including the trash enclosure and monument signs shall be located outside of all easements. 24. Applicant shall contact the Lodi Electric Utility Department to discuss options for relocating the existing electrical vault in the proposed access driveway. The vault may not be adjustable to accommodate the new driveway layout. 25. Provide an ADA accessible pathway from public sidewalk to on-site facilities. 26. Parking lot striping shall conform to City of Lodi Standard plan 134. 27. All project design and construction shall be in compliance with the Americans with Disabilities Act (ADA). 28. Remove and replace existing non -ADA conforming driveways per City of Lodi Standard Plan 114. 29. Remove and replace all broken and uneven public sidewalk fronting the subject parcel to conform to City of Lodi Standard Plan 117. 30. Trash enclosures shall conform to the Stormwater Design Standards section 3.1.4 and shall be wide enough to provide separate containers for recyclable materials and other solid waste. 31. Fuel dispensing area shall be designed to comply with the Pollution Prevention Activities and Best Management Practices (BMPs) listed in the City of Lodi's Post Construction 5 Stormwater Standards Manual Source Control Measure Fact Sheets for Fuel Dispensing Areas, S-13. 32. Submit a Project Stormwater Plan for a regulated project in compliance with the Multi - Agency Post -Construction Stormwater Standards Manual (PCSP) as adopted by City Council on November 4, 2015. 33. Irrigation plans and plantings shall conform to the Model Water Efficient Landscaping Ordinance (MWELO) per the Governor's Executive Order B-29-12 adopted on December 31, 2015. 34. As required by the California Green Building Code (CALGreen), project shall participate in the Construction and Demolition Recycling Program. 35. Payment of the following prior to building permit issuance unless noted otherwise: a. Installation/abandonment of water and wastewater services by City Forces if there are not existing services or current service sizes shall be upsized. b. Encroachment permit fee. c. Regional Transportation Impact Fee (RTIF). d. Filing and processing fees and charges for services performed by City forces per the Public Works Fee and Service Charge Schedule. e. Storm drainage permit compliance fee. 36. Payment of the following prior to occupancy of the building unless noted otherwise: a. Development Impact Mitigation Fees (DIM). b. County Facilities Fees. 37. Prior to commencing work within the City's right-of-way (ROW) or Public Utility Easements, the applicant shall obtain an encroachment permit issued by the Public Works Department. 38. All existing survey monuments are to be preserved per California Senate Bill 1467. It is the applicant's responsibility to ensure that monuments are properly protected and/or perpetuated. If any of the monuments are to be disturbed or are near the area of construction, a licensed surveyor must confirm that the monuments have been protected and/or perpetuated and the appropriate documentation has been recorded. 39. Additional comments and conditions will be provided during the building permit review process when more detailed plans are available. 41. Any fee 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 fee within the time specified shall invalidate any approval or conditional approval granted. 42. 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 in full to the City. Additional comments and conditions will be provided in conjunction with the approval of a building permit for this project. 43. A 8 ft high masonry wall shall be built along the northern property line from the western boundary to 20 ft west of the shared driveway. Efforts shall be made to eliminate mature landscaping being removed. 6 44. The project does not include an alcohol permit. A Use Permit approved by the Planning Commission is required for an alcohol license. 45. The approved site plan includes a separate drive aisle onto Stockton Street with 46. The project shall include no loitering and no trespassing signs. I certify that Resolution No. 18-14 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on April 11, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Hennecke and Chair Slater Gomes and Kirsten Cummins, Kirst and Olson ATTEST Secretary, Planning Commission 7 CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: April 11, 2018 APPLICATION NO: 2018-12 SP REQUEST: LOCATION: APPLICANT: Request of Planning Commission to consider Site Plan and Architectural Review for the construction of a 76 gas station with convenience store, 6 dispenser fuel station, car wash and site improvements at 141 East Harney Lane. (Applicant: Mr. David Lundy; File Number: 2018-12 SP; CEQA Determination: Exempt Per Section 15332) 141 East Harney Lane Lodi, CA 95240 APN: 062-410-35 PM Design Group Mr. David Lundy 6930 Destiny Drive #100 Rocklin CA 95677 PROPERTY OWNER: DN Acquisitions LLC 10940 Trinity Parkway Suite C Stockton, CA 95219 RECOMMENDATION The applicants are requesting to modify a site plan previously approved by the Planning Commission in November 2017. (Attachment B) Requested modifications are in regard to a shared driveway. Changes to this staff report prepared for the November 8, 2017 Planning Commission are in bold. Staff recommends the Planning Commission approve the request of Mr. David Lundy for the proposed gas station with a convenience store, car wash and canopy at 141 East Harney Lane, subject to the SPARC Common Design Requirements and Supplemental Conditions outlined in the attached draft resolution. SUMMARY The applicant proposes the construction of a 76 gas station with convenience store, 6 dispenser fuel station, car wash and site improvements at 141 East Harney Lane. Staff has reviewed the proposed plans for conformance with City policies, and recommends approval based upon findings and subject to conditions. PROJECT/AREA DESCRIPTION General Plan Designation: Industrial Zoning Designation: Industrial Property Size: 0.76 acres — 33,106 sq. ft. 1 ADJACENT ZONING DESIGNATIONS AND LAND USES GENERAL PLAN ZONE LAND USE North Industrial Industrial school South Low Density Residential PD(39) Residences East Commercial General Commercial ARCO West Industrial Industrial Industrial uses PROJECT PROPOSAL The project site is located at the northwest corner of Harney Lane and Stockton Street. (Attachment A) The property is currently vacant and is zoned Industrial. A gas station with convenience store is an allowed use. The applicants do not propose alcohol on this site, as part of this application. The applicant is proposing to: • Construct a new 3,000 sq ft 76 gas station convenience store, 800 sq ft car wash, 2,300 sq ft canopy with 6 multi -product gas dispensers for 12 car spaces, and parking. • The site is a long and narrow lot. The plan takes advantage of creating a development with main frontage off Harney Lane. • The proposed building utilizes some colors and textures from the building to the north. The base of the building is a tan color stucco with red stucco accents. A lighter limestone rock veneer is utilized at the base and at the entrance. The higher parapet screens roof mounted mechanical equipment. The proposed project meets the setback and lot coverage requirements of the Industrial zoning district. The project includes frontage improvements along Harney Lane and Stockton Street. Project plans are included in Attachment B. PROCEDURAL HISTORY The Site Plan and Architecture Committee (SPARC) held public hearings on the project on September 27, 2017 and October 11, 2017. During these meetings, SPARC was concerned about shared access with the northern parcel, and land use compatibility. Because of these concerns, the SPARC voted to move the item to the Planning Commission for a broader discussion on land use. On November 8, 2017, the Planning Commission conducted a public hearing on the site plan review. The discussion was primarily upon allowed land uses, potential alcohol sales, shared access and the existing driveway and on-site layout. The Planning Commission took in public comments and recommended approval of the project by a (5-0) vote making the findings of approval and adopting the resolution for approval. Ultimately the Planning Commission approved a site plan with a separate driveway after negotiations with staff, the applicant and the northern property's representative. 2 The applicant has provided a request to modify the previous approval and utilize the shared driveway that was created for this property. The applicant's request is included as Attachment B. SITE HISTORY The Planning Commission approved a parcel map for the property in May of 2002. The request for the parcel map came from the original property owner and representatives from the Montessori School. This parcel map ultimately created a parcel containing the Montessori pre-school, the parcel to the south, and included a shared private driveway feature on Stockton Street that both properties would share. Ultimately, the Planning Commission approved the request of the applicant for the parcel map. The Montessori school operators are now objecting to the conditions they created when they split the parcel in 2002. LETTER FROM THE MONTESSORI SCHOOL (Attachment D) The Montessori School's legal counsel provided a letter of opposition to the gas station facility based upon three key points — 1. The Industrial zoning designation does not allow for car washes and convenience stores, 2. The shared access will create design and traffic hazards that will create impacts to the Montessori School, and 3. The Architecture and Site Review needs to provide a greater analysis of potential impacts to surrounding properties. LAND USE. Cities are authorized to divide their jurisdiction into zoning districts "of the number, shape and area" the municipality considers best suited to implement their respective general plans. The City of Lodi Municipal Code Development Code, Title 17 ("Code") includes an array of definitions and classifications of uses by type or intensity of use, and includes maps dividing the jurisdiction into areas or "zoning districts" in which different uses are permitted either as of right or by special permit. The zoning designation is Industrial and a gas station is an allowed use in this zone. Therefore, a conditional use permit is not required and the project is only subject to site plan and architectural review. However, the Montessori School argues that a convenience store and car wash are not allowed within the Industrial zoning designation. The City has the ultimate authority to implement and interpret the Code based on policy decisions and the precedent of past decisions and interpretations. Historically the City has interpreted the Code to allow secondary/accessory uses or activities that are reasonably associated with the primary allowed use within the zoning district. As a result, the City has historically permitted as of right, gas stations in the Industrial zone that have retail and car wash services, under the interpretation that those types of secondary uses are included within the definition of a "gas station." The Code definitions for gas station, accessory use, car wash and convenience store are listed below. "Gas station" means a retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. "Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located. "Car washes" means permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. 3 Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive -related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. "Convenience stores" means retail stores of generally three thousand five hundred square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs. The definition of "Gas station" in the Code specifically allows secondary "services which are incidental to fuel services." Examples of secondary services include vehicle engine maintenance and repair, towing and trailer rental services. However, this list of examples is not exclusive. Only "storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces" are specifically excluded secondary uses. The past several gas stations approved in Lodi have included secondary services and amenities. It is common for a gas station to include a secondary convenience store, car wash, vacuums, air pumps and potentially maintenance and repair. This proposed gas station facility includes the gas station pumps, canopy, convenience store and car wash. The applicant has indicated that the gas station comprises 85% of the business, with the car wash and convenience store comprising the other 15%. If a project proponent wanted to do a stand-alone car wash on this site (e.g., Ellis, Prime Shine, Kelly's), it would not be allowed. If a project proponent wanted to do a stand-alone convenience store, it would not be allowed. Based upon past approvals in Lodi and per the zoning code, the proposal is a gas station facility and permitted by right. By being permitted by right the only entitlement approval is Site Plan and Architecture approval. Staff review is for aesthetics and site layout. SHARED ACCESS The project opponent contends that the project creates a pedestrian hazard. However, the shared access at issue was created by the project applicant in 2002 and no longer at issue. With the approval of the parcel map in 2002, access to the north parcel, containing the Montessori school, would be by a northern driveway and shared southern driveway onto Stockton Street. Access to the southern parcel would be by the shared driveway on Stockton Street and a driveway onto Harney Lane. In 2002, the Montessori school building, parking lot and outside areas were constructed. There have not been any site changes that change access areas or traffic patterns. The Montessori school is concerned that the shared access will create circulation design and traffic hazards. This private driveway is shared between the two parcels. Although staff can understand the concerns, the City does not have a standing in this discussion. It is not a public access issue. The design of the southern parcel connection to this shared driveway was identified in 2002, and created by the project applicant itself. The Montessori school is concerned about cut through traffic from the gas station heading north through the school parking lot to utilize the northern driveway to turn left and head in a northern direction. Staff does understand this concern. The applicant has proposed striping, bollards and signage to encourage a right turn at the driveway The north bound traffic from the southern parcel does not have a straight drive aisle into the school parking lot. The school may also want to consider temporary or permanent features that discourage through traffic. Staff believes these conditions appropriately resolve the traffic conflicts. 4 ARCHITECTURE AND SITE REVIEW The City of Lodi developed a Site Plan and Architecture Review program in order to review the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). The procedures of the zoning code are not intended to restrict imagination, innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The Montessori school is requesting a greater level of review and analysis of the proposed project and its impacts on adjacent properties than what the program intended. This development section and process was intended to get greater architectural design and site layout than if just a building permit was issued. A gas station is an allowed use within the Industrial zoning district. Surrounding uses include Valley Iron Works, Lodi Auto Repair and Smog, Ste Claire Aluminum Structures and Precision Racing Products. This is an industrial area and the representatives are requesting more compatible uses with a legal nonconforming pre-school use than what the area is intended. City staff is limited to the discretion we can exercise in this review. The Montessori representatives are requesting more, and staff does not have that authority beyond a review of architecture and site layout. STAFF COMMENTS. Staff understands the concerns of the Montessori school representatives, but the issues have existed since the parcels were created in 2002 by owners of the property and Montessori School representatives. Staff has tried to find some creative solutions, but the land use and shared access cannot be undone by staff. Staff sent a copy of the application to various City departments for comment and review. Their comments and requirements have been incorporated into the attached resolution. Staff recommends approval of the site modification to a shared driveway configuration. The shared driveway is a recorded access easement and is intended to provide access to the southern parcel. FINDINGS The Project is consistent with the City's General Plan, the Municipal Development Code standards, and the City's Design Guidelines. Based upon City evaluation and analysis, staff recommends that the Planning Commission adopt the findings of this report and approve the proposed 76 gas station development. The design and architecture of the proposed project, as conditioned, complies with the Findings for Architectural Review as required in Lodi Development Code 17.40.020 (E): 1. The design is consistent and compatible with the design standards/guidelines of the applicable zoning district. Comment: The project incorporates elements of the design guidelines for the Industrial Zoning District. The proposed 76 gas station development is an allowed use and staff recommends approval subject to the conditions of approval, with recommended design modifications. 2. The project will not interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards. Comment: The project is consistent with the overall physical development of the area. The proposed project includes site and frontage improvements that do not impact adjacent properties. The project includes 5 off-street parking, loading and unloading areas, traffic circulation and access points and pedestrian circulation areas in accordance with code requirements. The project parcel and adjacent parcel have been zoned Industrial since the project parcel was created in 2002. A gas station has been an allowed use since that time in the Heavy Industrial (H2) and now Industrial zone (M). 3. The project shall maintain and enhance the affirmative, harmonious, and orderly development contemplated by the Development Code. Comment: The proposed building will include design features, textures and colors that are consistent with the area. 4. The project provides a desirable environment for its occupants, neighbors, and visiting public through good aesthetic use of durable materials, texture, and color. Comment: The project design is conditioned to include materials and construction consistent with the area. 5. The project will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. Comment: The project as conditioned is consistent with the Lodi Development Code and adopted City standards. The project is conditioned to include design features that enhance path of travel, improve walkways and improve ADA access within the site. The project parcel and adjacent parcel have been zoned Industrial since the project parcel was created in 2002. A gas station has been an allowed use since that time in the Heavy Industrial (H2) and now Industrial zone (M). 6. The project is found to be categorically exempt from CEQA review under 14 CCR §15332. Class 32 consists of In -Fill Development Projects. The project is consistent with the General Plan, is located in the City limits, is less than 5 -acres in size and is surrounded by existing urban uses. The project site is not a habitat for any rare or endangered species of plant or wildlife, and the project will not create a significant environmental impact. The project 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. PUBLIC HEARING NOTICE: Legal Notice for the Architectural Review was published in the Lodi News Sentinel on Saturday, March 31, 2018. Nineteen (19) 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. Respectfully Submitted, Concur, Craig Hoffman City Planner ATTACHMENTS: Stephen Schwabauer Community Development Director A. Vicinity / Aerial Map B. Applicant's Request for site revision C. Site Plan and Elevations D. Letter from Shore, McKinley and Conger, LLP E. Resolution 6 VICINITY MAP North o �iale,l 6, Mi ti l 1 � it m ti • • - • t,. 41p Foster Lumber _ Voir ��� br 1 StOn i -n 4-- MapCi uto Body, agTa C� • EtHarneyILtn ItatriepLn 0414MI+N South 141 E Harney Lane Omair Nasim DN Acquisitions, LLC 141 East Harney Lane Lodi, CA 95240 February 14, 2018 Craig Hoffman City Planner City of Lodi — Community Development 221 West Pine Street Lodi, CA 95241 RE: Application for Planning Commission Hearing- 141 East Harney Lane Dear Mr. Hoffman: The purpose of this letter is to bring before the Planning Commission a revision to the driveway that is to be used to access the above referenced property from Stockton Street. Our previous approval for the gas station proposal included the use of a driveway separate from the common driveway with our neighbor to the north. After receiving Planning Commission approval, we submitted the revised site layout to our fuel distributor who brought up concerns around added liability their trucks will suffer with a driveway so close to the intersection. As their attached letter mentions, the tanker truck will not be able to fully enter the left turn lane on Southbound Stockton Street to head east on Harney Lane towards the freeway. An alternative path was proposed in which the truck would navigate south through the intersection, turn left onto Rocky Lane and left again onto Reynolds Ranch Parkway to access Harney Lane. After providing this alternative path to our supplier, they deemed this as providing added liability as well and not a viable option for them to proceed with. In light of this development, we would like to go before the Planning Commission to remove the separated driveway and return to the originally proposed use of the shared driveway with our neighbors to the north. We furthermore would like to request that the conditions placed on this project as a result of the City allowing a separate driveway be removed as well, namely Condition #45 stating the following: "The approved site plan includes a separate drive aisle onto Stockton Street with improvements to a median separating northbound and southbound traffic." We understand the concerns revolving around safety issues that this may cause to our neighbors and once again are willing to work with them or their representatives on finding a solution to the matter. We have previously proposed ideas to add safety measures to the driveway to address these concerns. I appreciate your time and attention to this matter. Sincerely, Omair Nasim DN Acquisitions, LLC SEIFS February 6, 2018 City of Lodi — Community Development 221 West Pine Street PO Box 3006 Lodi, CA 95241 RE: 141 East Harney Lane, Lodi To whom it may concern, This letter is in reference to the approved gas station at the above referenced location. When this project was initially submitted to the City for consideration and approval, site access via Stockton Street was to be through a driveway this property shares with its northern neighbor. Our plans to supply fuel to this location were based on the original driveway location. However, the Planning Commission ultimately approved this project with a new separate driveway closer to the intersection of Harney Lane and Stockton Street. After receiving the new site layout, we deemed this site to have a liability for our tanker trucks to be able to exit the site from Stockton Street and enter the left turn lane to get on eastbound Harney Lane. For this reason, I informed the operator of our inability to deliver to this location. The operator provided an alternative path that would have our delivery truck proceed south on Stockton Street through the intersection, turn left onto Rocky Lane and left onto to Reynolds Ranch Parkway in order to proceed eastbound on Harney Lane to enter the freeway. Upon consideration of this alternative route, this too would create a liability for our tanker. The increased numbers of turns and lane changes to enter the freeway are will not allow for us to proceed with this option. For this location to be supplied fuel, the driveway would need to be further north away from the intersection to provide our tanker trucks with the ability to enter the left turn lane on southbound Stockton Street. I appreciate your time and consideration of the matter. Sincerely, Chris Wilson Dealer Business Consultant SEI Fuel Services Inc. Cell: 972-523-6632 N. 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L.•V W •V L.* W •V W •V W •V W W W W WW W _-• MDQ W**_*v-_ W MD --- +�— •——N$$'10L12.00"-E--- M W W W W W W W W W W W W W W W W N W W W W W W W W 50' W W W W W W W W 0 0 C—STORE 3000 SQ. FT. W W W W W W •, f. W Y W W W y W W +.0 4.* W W W W ELEC. TRANSFORMER N W W W W WWWWWW W ▪ ▪ W W W WW1 W W W W W I W W W W W W W I W W WWI WWWWI `WWW. 0 1 1 UTIUTY POLE J 7 39'-1" 51'-5" 31' 4" STRIPING, TYP. PATH OF TRAVEL W W W W W W W W W W* OO" 4° 000 00 W W W 4 W W W 4 W v W Y W W W W W W W / W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 4' 4' W W W / // "/// / II I W W W W W W W W W W W/II W / WW W W W W W W W W0 /4 // / O / W W W —� ��o i/i W W W W W W W W W W W W W W W �� ///// W W W W W W W W W0 // / W W W W W W W W / // / 141'-7" 35' (E) FIRE HYDRANT 116'-5" E HARNEY MONUMENT SIGN Th PLA\ NORTH Pm DESIGN Architectural Solutions Group 6930 DESTINY DRIVE SUITE 100 ROCKLIN, CA 95677 (916) 415-5358 rpedro@pmdginc.com Roy W. Pedro, Architect REVISION 1- Q 0 CnCCW ZZU fr Z n CC 44 a_ Z 0 O J = W ,, 1 -Project Number DNP17002.0 Sheet Name •iiiiimma LIEN ii Sheet Sheet Number PM DESIGN Architectural Solutions Group STACI('L 4111 1 1 1 1 _1 11 1_ I 1 1 1 1 1 -1 1 1 1 1 I I 1 11 11 1 1 1 I I I 1 11 1 1 1 11 1 1 I NMI M— NORTH ELEVATION 14"= 1'-0" 4 1 ` 1 1 I 1 -�—w --�� -- y rMNIEl��--�����1 •� Car wash 1 1 1 1 1 -- tea 1 MIN SIP 1 I-- 1 MEI I Mr Ma = Enter Pin 11115•1.6•11 , MATERIAL LEGEND SHERWIN WILLIAMS SAND BEACH 7529 SHERWIN WILLIAMS BRICK PAVER 7599 SHERWIN WILLIAMS SEAL SKIN 7675 I I- 11 1 1 1 1` I1 1 1 _ �L T 11 1 1 1 1 I 1 I I I I I 1 1 1 1 1 1 1 1 I I I 1 L 1 I 1 I 1 1 I 1 COROANDO STONE 3" SPLIT LIMESTONE WALNUT l -1 E. HARNEY LN. Lodi, CA DESIGN Architectural Solutions Group STACK' Car wash WINING OE MN 6 VII, SO( .. NOT INOSITOMSOLIE roe .1111111. II MY OR In oat MCIMMUlu 1 EAST ELEVATION 1/4"= 1'-0" SOUTH ELEVATION 1/4"= 1'-0" 11.11111111111111111 i Car wash Exit nummumnumnommmumoummumnoutommumnumnumnomoumuumummumnomoumumuum 1 —11 a I - 1 1 1 I1 F.1 I 1� 1 1 f I 1 I -I 1 1 1 I 1' I I 1 1 1 1 11 'I SII1 1 1 l'1 1 11 1 1 I 1 1 ' I I 1 I 1 1. L 1 I 1 I 1 1 -L I 1 ' I 1 .L - I 'I I I I I I II I I II 1_ I I 1 11 I 1111 1 ' 1 1 I 1 1 11 I I I J ' J 11 1 1 I-1 =IN 0 1 1 I I I I I 11 — I II 1I II I r _ 1I' r I I I I 1 1 1 ' I MATERIAL LEGEND SHERWIN WILLIAMS SHERWIN WILLIAMS SAND BEACH BRICK PAVER 7529 7599 SHERWIN WILLIAMS SEAL SKIN 7675 I I I T 1 1-11 --T I I I I 1 1 I 11 I 1 I I I I I I I I II,17 1 I 1 1' COROANDO STONE 3" SPLIT LIMESTONE WALNUT 141 E. HARNEY LN. Lodi, CA DESIGN Architectural Solutions Group STACK' EAST ELEVATION 1/4"= 1'-O" 141 E. HARNEY LN. Lodi, CA T.O. PARAPET FRAMING 23' - 0" T.O. PARAPET FRAMING 21'-0" C-1 FINISH TRANSITION 3'-0" 5 N-2 N-2 N-2 r 6 C-1 T.O. FINISH FLOOR 0" 4��� 3 1 1 1 I 1 1 1 I I I I I I I I 1 1 1 I � I 1 1 1 I 1 N-3 I I I � I I I 1 1 11 I 1 1 1 1 I 111 I I 1 L, 1 1 1 ELEVATION - NORTH 1/4" = 1'-0" T.O. PARAPET FRAMING 23'-0" T.O. PARAPET FRAMING 21'-0" FINISH TRANSITION 3'-0" T.O. FINISH FLOOR 0" N-2 I I I I I 1 1 11 I 1 I 1 N-2 N-1 N-1 6 EEO N-1 N-1 1. 1 1. I, 11 1 1 1 11 1 1 N-3 1 1 1 I I 1 1 1 1 1 1 N-2 N-2 N-1 N-1 4 6 C-1 N-1 1N 31 I I I I11 I 1 11 I 1 I I I 1 1 1 1 I I 1 1 1.1 N-1 N-1 N-1 EXTERIOR MATERIALS SCHEDULE (NOT ALL MATERIALS IN SCHEDULE ARE USED) NO. MATERIAL MANUF.-COLOR MR -1 MEMBRANE ROOFING DUROLAST - WHITE N-1 EXTERIOR STUCCO SHERWIN WILLIAMS - SAND BEACH SW 7529 N-2 EXTERIOR STUCCO SHERWIN WILLIAMS - BRICK PAVER SW 7599 N-3 STONE VENEER CORONADO STONE VENEER - 3" SPLIT LIMESTONE - WALNUT P-3 EXTERIOR HM DOORS, FRAMES, TRASH SHERWIN WILLIAMS - SEAL SKIN SW 7675 ENCLOSURE GATE, GRAVEL GUARDS, AND LIGHT POLES P-6 EXTERIOR BOLLARDS SHERWIN WILLIAMS - SEAL SKIN SW 7675 S-1 ALUMINUM KAWNEER - 451T VG STOREFRONT GLAZING C-1 PREFINISHED MAPES LUMISHADE CANOPY - ALUMINUM CANOPY BRONZE BAKED ENAMEL W/ REAR GUTTER CONNECTIONS KEYNOTES NOT USED 1 6" WHITE VINYL STREET ADDRESS REFERENCE SHEET EF1 2 3 EMERGENCY EGRESS LIGHT 4 WALL PACK (TYP) 5 BACK -LIT FASCIA SIGN BY SIGNAGE CONTRACTOR. 6 PREFINISHED METAL SCUPPER & DOWNSPOUT, DARK BRONZE 7 PREFINISHED MTL CANOPY 8 BANNER BOARD SIGNAGE. 9 EXTERIOR ATM SIGNAGE 10 EXTERIOR PROMOTIONAL SIGN (HOT FOODS / SLURPEE / "OH THANK HEAVEN") 11 EM SHUT-OFF FOR FUEL DISPS MTD @ 48" AFF 12 EXTERIOR OUTLET @ 24" AFF 13 4"0 BOLLARD, P-6 N-1 N-1 N3 1 i 1 ii I i 1n I 1 1 1 1 I I I 1 1 1 I I 1.2 N-1 N-2 N-2 P-3 11111111111111 Enter 4 (CLEARANCE 84 1 N-2 13 N-2 11111111111111 6 C-1 N-1 I I I I 1 I I I I ti i i 8 7 i 1 1 1 1 1 1 1 N-3 1 1 T 1 1 N-1 N-1 6 C-1 in 1 N-2 7 C-1 N-1 711- 1 11 1 1 111 11 1 11 1 I I I I I I N-3 i S-1 4 N-1 6 i/r C-1 N-2 1 1 1 1 I I 1 1 I 1 1 1 1 1 1 I I I i i 8 7 i 1 1 I I I I I I N-3 I � I I 1 1 I I 1 1 1 1 1 I I I I I I I 1 N-3 } "l I I I I I I I I I I 1 I I I I I 1 1 1 1 1 I I 1 1 1 10 ELEVATION - WEST 1/4" = 1'-0" 1 • ) N-2 T.O. CMU 16'-8" T.O. CMU 15'-4" T.O. ACM m m 14'-0" T.O. OVERHEAD DOOR 16'-8" FINISH TRANSITION 3'-0" T.O. FINISH FLOOR 0" PM DESIGN Architectural Solutions Group 6930 DESTINY DRIVE SUITE 100 ROCKLIN, CA 95677 (916) 415-5358 rpedro@pmdginc.com Roy W. Pedro, Architect z 0 Lu 2 a VJr^ LLJ W Q zZU cc cc « 0 o 10 Z W Project Number DNP17002.0 Sheet Name N Sheet Number A3.0 $T.O.PARAPET FRAMING 23'-0" T.O.PARAPET FRAMING 21'-0" T.O.PARAPET FRAMING 19" - 6" 13 FINISH TRANSITION 3'-0" T.O. FINISH FLOOR 0" N-2 N-2 N-2 N-2 10 N-1 5 10 10 N-1 N-1 10 N-1 C ENTRANCE N-1 N-1 EXIT N-1 N-1 N-1 N-1 N-1 N-2 N-2 N-2 N-2 N-2 3 EXTERIOR MATERIALS SCHEDULE (NOT ALL MATERIALS IN SCHEDULE ARE USED) NO. MATERIAL MANUF.-COLOR MR -1 MEMBRANE ROOFING DUROLAST - WHITE N-1 EXTERIOR STUCCO SHERWIN WILLIAMS - SAND BEACH SW 7529 N-2 EXTERIOR STUCCO SHERWIN WILLIAMS - BRICK PAVER SW 7599 N-3 STONE VENEER CORONADO STONE VENEER - 3" SPLIT LIMESTONE - WALNUT P-3 EXTERIOR HM DOORS, FRAMES, TRASH SHERWIN WILLIAMS - SEAL SKIN SW 7675 ENCLOSURE GATE, GRAVEL GUARDS, AND LIGHT POLES P-6 EXTERIOR BOLLARDS SHERWIN WILLIAMS - SEAL SKIN SW 7675 S-1 ALUMINUM KAWNEER - 451T VG STOREFRONT GLAZING C-1 PREFINISHED MAPES LUMISHADE CANOPY - ALUMINUM CANOPY BRONZE BAKED ENAMEL W/ REAR GUTTER CONNECTIONS KEYNOTES NOT USED 1 6" WHITE VINYL STREET ADDRESS REFERENCE SHEET EF1 2 3 EMERGENCY EGRESS LIGHT 4 WALL PACK (TYP) 5 BACK -LIT FASCIA SIGN BY SIGNAGE CONTRACTOR. 6 PREFINISHED METAL SCUPPER & DOWNSPOUT, DARK BRONZE 7 PREFINISHED MTL CANOPY 8 BANNER BOARD SIGNAGE. 9 EXTERIOR ATM SIGNAGE 10 EXTERIOR PROMOTIONAL SIGN (HOT FOODS / SLURPEE / "OH THANK HEAVEN") 11 EM SHUT-OFF FOR FUEL DISPS MTD © 48" AFF 12 EXTERIOR OUTLET @ 24" AFF 13 4"0 BOLLARD, P-6 T.O.PARAPET FRAMING 16'-8" WALL PACK (TYP), REF ELECTRICAL FINISH TRANSITION 3'-0" T.O. FINISH FLOOR 0" ELEVATION - WEST 1/4" = 1'-0" 10 10 T.O.PARAPET FRAMING 19'-6" 10 C IIIIIIIIIIIIII 4 Exit N-1 N-1 4 N-2 N-1 N-1 mem EEO N-2 N-2 A.1 10 N-1 N-1 N-1 N-1 N-2 ii 1 1 1 it 11 N-2 N-1 N-2 P-3 L X X i P-3 N-1 N-3 1 P-3 N-1 i 1 i T N-1 •■-NEMI- 1 1 1 L i 7 C-1 ELEVATION - SOUTH 1/4" = 1'-0" PM DESIGN Architectural Solutions Group 6930 DESTINY DRIVE SUITE 100 ROCKLIN, CA 95677 (916) 415-5358 rpedro@pmdginc.com Roy W. Pedro, Architect z 0 ce Lu Q 0 2 Z CD J W wQ zzU 440 o 10 Z W 0 1— Project Number DNP17002.0 Sheet Name N Sheet Number A3.1 O 0 N 72'-0" (...--4111111111111 I 20'-0„ T.O. CANOPY 16'-6" B.O. CANOPY FINISH GRADE EAST ELEVATION SCALE: 1/4" = 1'-0" 32'-0" 111 76 T.O. CANOPY 16'-6" B.O. CANOPY - SOUTH ELEVATION SCALE: 1/4" = 1'-0" O 0 N (0 D 72'— 0" 32'-0" 111 76 76 20'-0" T.O. CANOPY 16'-6" B.O. CANOPY NORTH ELEVATION SCALE: 1/4" = 1'-0" 20'-0" T.O. CANOPY 16'-6" B.O. CANOPY FINISH GRADE WEST ELEVATION SCALE: 1/4" = 1'-0" Pm DESIGN Architectural Solutions Group 6930 DESTINY DRIVE SUITE 100 ROCKLIN, CA 95677 (916) 415-5358 rpedro@pmdginc.com Roy W. Pedro, Architect REVISION w Q 0 UCC W zzU Z Q 0 W CCC= « EL Z 0l' 10 W Project Number DNP17002.0 Sheet Name CANOPY ELEVATIONS - AUTO Sheet Number A3 . 2 S 111 N C SHORE NRI 1 LES' CONGER L L P trusted across ge efatio October 11, 2017 VIA EMAIL: Craig Hoffman <choffman(a�lodi.gov> Wendel Kiser, Chair Lodi Site Plan and Architectural Review Committee 305 West Pine Street Lodi, California 95240 Dennis Shore John H. McKinley John R. Conger Brett S. Jolley Aaron S. McKinney Megan Galarneau Megan K. Hall Becky R. Diel attorneys at law bjolley@smcslaw.com Re: Objection to Approval of Proposed 76 Station at 141 East Harney Lane (File Number: 2017-21 SP). Dear Chair Kiser, This office represents the Ergonis Family, Ergonis Land Company, LP, Lodi Montessori, and related entities, owners of 2525 S. Stockton Street, the parcel directly north of site of the proposed 76 fuel station and convenience store on Harney Lane (File Number: 2017-21 SP, hereafter the "Project") as well as Lodi Montessori School located on that parcel. Our clients object to the proposal as set forth below. 1. SPARC's Role in Considering Site Plans This Committee serves an important public function, and is tasked to exercise its discretion in ensuring that all new development in Lodi is consistent with City policy and causes no adverse impacts to businesses and residents. The Committee holds the authority to approve or deny the site plan and this power requires the Committee to exercise its independent discretion and judgment. In analyzing the appropriateness of a site plan, the Committee must make a series of affirmative factual findings as to each application before it. Pursuant to Lodi Municipal Code section 17.40.020(E), the Committee may approve a site plan and architectural approval process only after first finding that: 1. The design and layout of the proposed project would: a. Be consistent with the development and design standards/guidelines of the applicable zoning district; b. Not interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards. *** {00146370.} 703 Ygnado *AE4,4 ra[9 331 Walna Creek CA 94596 3031 West March Lore, Suite 230, Stockton, CA 95219 P20E1.477.8171 F 209.477,2549 www. mcstow,corn 1 1i?1 Ccxp❑rdo Wnu 5acrcrrtenlo, CA 95831 Chair Wendel Kiser October 11, 2017 Page 2 2. The proposed development: a. Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and b. Has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines. In making the findings required under the Lodi Municipal Code, this Committee has the authority and the legal obligation to analyze the safety and environmental impacts of a proposed development project, and the discretion to impose conditions on a project to bring it in conformity with the Code and City policy, or deny a project outright. Findings must be supported by substantial evidence in the record and these findings serve to bridge the analytic gap between the raw data and the conclusions of the Committee. Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Ca1.3d 506. We submit that the Committee cannot make any of the four mandatory findings above and therefore must either deny the application or remand to staff with instructions. 2. The Project Violates the Zoning Requirements Because Convenience Stores are Not Allowed in the Industrial zone (Finding 1.a.). The Commission cannot find that the Project is consistent with the development standards of the zoning district because the convenience store components of the Project is not allowed in the district. The Project is described in the staff report as a "76 gas station with convenience store, 6 dispenser fuel station, car wash and site improvements" and the property is zoned M (Industrial). Pursuant to Table 2-10 of Section 17.24.030 of the Lodi Municipal Code while "gas stations" are allowed uses (as are "schools") in the M zone, "convenience stores" are expressly identified as "uses not allowed" in the M zone. A copy of this table is reprinted below. The same is true of car washes (not shown). Nor does bootstrapping these prohibited uses onto the permitted gas station cure the problem. For, as section 17.12.030 (b) explains, "Where a proposed project includes multiple land uses, and Tables 2-4, 2-6, 2-8, 2-10, and 2-12 require different land use permits for some of the uses, each use shall be authorized through the approval of the permit required for the specific use." Here the Project includes multiple uses identified in Table 2-10 with different permitting requirements. Because the gas station component is allowed, it would be reviewed simply via Site Plan Review, whereas the convenience store and car wash components, because they are expressly identified as prohibited uses, cannot be included as part of the Project in this zoning district in any form. Because the proposed site plan depicts these two prohibited uses, the Committee cannot find that the Project complies with zoning standards and therefore cannot approve the Project. {00146370.} Chair Wendel Kiser October 11, 2017 Page 3 Accordingly the site plan should be denied or sent back to staff with instructions to remove the unlawful convenience store and car wash uses. 17.24.030 - Industrial zoning district land uses and permit requirements. Table 2-10 identifies the uses of land allowed by this development code in the industrial zoningdistricts, and the land use permit required to establish each use, in compliance with Section 17.12.030 (Allowable Land Uses and Permit Requirements). Note: Where the last column in the tables ("specific use regulations"] includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply. TABLE 2-10 Industrial Allowed Uses and Permit Requirements A 7 Allowed Use UP Use Permit Required MUP Minor Use Permit Required — Use Not Allowed LAND USE PERMIT REQUIRED BY TDISTRICT Specific Use Regulations M BP Construction/heavy equipment sales and rental A A Convenience stores — UP Drive-in and drive-through sales and services — .. UP Gas stations UP (Ord. No. 1869, 9 2. 2-20-2013) 3. The Project Will Negatively Impacts the School and the Public Health, Safety and Welfare (Findings 1.b. and 2.a.) Even if finding 1.a. regarding zoning compliance were apt, the Project fails to satisfy additional mandatory findings based traffic hazards creating unsafe conditions in the school parking lot and on Stockton Street. Accordingly, it cannot be found that the Project would "Not interfere with the use and enjoyment of neighboring existing developments", would "not create traffic or pedestrian hazards," and "would not be detrimental to the public health, safety, or welfare" and would not be "materially injurious to the properties or improvements in the vicinity" as required to approve the Project. a. Traffic and pedestrian hazards from routing Project traffic into the school parking lot As discussed on Sept. 27, 2017 the Committee is aware the Lodi Montessori School operates on directly north of the proposed Project and the site plan design would have a significant effect on traffic and pedestrian safety in and around the school. The driveway into Lodi Montessori has an easement benefitting the applicant's property. The site plan submitted indicates that the applicant intends its customers to use the shared driveway as its point of access to and from Stockton Street. As noted by all members of the Committee at the last meeting, it necessarily {00146370.} Chair Wendel Kiser October 11, 2017 Page 4 follows that fuel station customers will drive through Lodi Montessori's parking lot in order to exit and turn left onto Stockton Street. This creates a severe safety and traffic impact on the school, where parents will be picking up and dropping off young children throughout the day. Indeed, common sense tells us that convenience store/fuel stations see significant traffic flow during peak hours and throughout the day and the Institute of Transportation Engineers quantifies this number as approximately 10-12 trips per fuel pump during the am peak hour.' With the 6 pumps proposed for this Project that equates to 60-72 fuel customers at the fuel station with access through the school parking lot. Additionally 45-77 trips per 1000 sq. ft. per hour in the am peak are anticipated (Id.) -- adding an additional 135-231 trips in the am peak hour which coincides with the time during which parents will be dropping off their children at the school. Approving a site plan that allows vehicular access between the two properties is a recipe for disaster. The applicant has indicated that it will shoulder the cost of putting up signs and painting the entrance lot to discourage its use as a cut -through, but common experience teaches us that this approach is ineffective. Signage alone will not prevent a driver determined to turn left onto Stockton Street from cutting through the school parking lot. Increasing the traffic congestion at Lodi Montessori through this shared driveway will have a substantial impact on a neighboring business, in violation of Lodi Municipal Code. Accordingly, the project design presented in the site plan will negatively impact the adjoining school property, will create significant, avoidable traffic and safety hazards, and would be detrimental to the public health safety and welfare and therefore should either be denied or sent back to staff with instructions to eliminate access between the Project site and the school site. b. Private easement does not mandate the Committee approve access where public safety issue will be created. The applicant suggests that because the Project site benefits from an access easement across the school property the applicant is entitled to a site plan that includes such access for fuel station traffic. Not so. A private easement is nothing more than an agreement between two property owners. While the presence of an easement may allow the City to approve project access across the easement, the easement does not compel the City to approve project access across such an easement. Again, the Committee has discretion to determine whether or not to approve a site plan and, in fact, cannot approve the site plan as a matter of law if the Commission cannot make the mandatory findings based on the evidence in the record. If the fuel station is only economically feasible with a site plan providing access through the school property (and the convenience store/car wash), and such access prevents the Commission from making the findings, then perhaps the applicant should consider a different use for the property that would be subject to siting in compliance with the ordinance. 4. The Project is not exempt from CEQA as an "infill" project (Finding 2.b.) 1 See, htt.s: www.westernite.or_• datacollectionfund 2015 2015%20-%20BYU..df (incorporated herein by reference). {00146370.} Chair Wendel Kiser October 11, 2017 Page 5 Independent of the findings regarding public health and welfare effects and negative effects to neighboring property, the current site plan also fails to satisfy LMC §17.40.020(E) 2.b. which requires a finding that the site plan complies with CEQA. Here, the applicant suggests the Project is exempt from CEQA as a "Class 32" Infill Project. Yet the site plan presented does not satisfy the mandatory elements of the Class 32 exemption for the reasons discussed in the previous section. Under CEQA Guideline 15332, a project will be categorized as an "infill" project, and will be exempt from CEQA requirements if it meets all of the following requirements (emphasis added): (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. While the applicant's proposal likely meets requirements (b), (c), and (e), it fails to satisfy requirements (a) and (d), as it includes prohibited uses and would result in significant effects relating to traffic, as discussed above. Accordingly, the Project is not eligible for this exemption as a matter of law and cannot be approved without undergoing CEQA review. In addition, placing the gas station and car wash adjacent to the school playground is likely to result in significant noise impacts that must be mitigated. Applicant currently proposes a 6' masonry wall which is insufficient. Thank you for your consideration of our objection to the proposed site plan. We ask the Committee to either deny the site plan for the reasons explained above return the Project to staff with instructions to eliminate the convenience store, the car wash, and customer access through the Lodi Montessori property. Thank you. Respectfully submitted, SHORE, McKINLEY & CONGER, LLP 4- BRETT S. JOLLEY Attorney -at -Law cc: Client Applicant's Representative, David Lundy (dlundy@PMDGing.com) {00146370.} Request of City Council to consider Site Plan and Architectural Review for the construction of a 76 gas station with convenience store, 6 dispenser fuel station, car wash and site improvements at 141 East Harney Lane. Applicant: Mr. Omair Nasim File Number: 2018-12 ' MM.77 Sookinghl[d D ., I " '� ,. Rentmyrd• Ki uur n big. a y rgps Ma99i9." 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'ER C1) • cam t J Y1T Pi.LE KIWI OR STREr UHT W P.LLE PEf1 (2) liErf IIFE TY{ 1144 OHDR ELEG SE9ti1EE PEDESTAL 11.5' P.I' E !HST Rik X04- WY VIRE wf PAKHaR TARKYlum41 t4j x CORE & CIJTTER (Pr) CNH ac REI3 Fir • ruer t T131+6P),10 11 4 EAST HARNEY LANE 11 NOP • JP 4M}3IMtk: PARCEL MAP CC LY.la • • 54- 21,3V. • LA, AFL 4— cr 11,11. • • .r -Tr . - 1 Lz; ...-• • • rei 1 .•••• 0:1 L, Irk0.1-11,711P.ILITC . 1 —6- E • ...WI' AY. 41.1Tr N212 ME'ROFTSED BUILDING 11. 1 PROMISED BUILDING CC EAST ELEVATION Nk, PRO -MED BUILDING +ME LE • Lam:-L—e. .., - -_. .r* • E Zir frion ft* SITE MAP G-3 Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Wednesday, May 16, 2018 1:52 PM To: wjones@aklandlaw.com Cc: onasim@gmail.com; DKindermann@aklandlaw.com; City Council; Steve Schwabauer; Janice Magdich; Craig Hoffman Subject: FW: DN Acquisitions, LLC and Omair Nasim (File #2018-12 SP) Attachments: 2018-05-16 Letter to City Council.pdf Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Community Development Department for information, response, and/or handling. In addition, your correspondence will be provided to Council as a Blue Sheet item for tonight's meeting. Jennifer M. Ferraiolo, MMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX From: Wendy Jones [mailto:wjones@aklandlaw.com] Sent: Wednesday, May 16, 2018 1:43 PM To: Jennifer Ferraiolo <jferraiolo@lodi.gov> Cc: Omair Nasim <onasim@gmail.com>; Janice Magdich <jmagdich@lodi.gov>; Diane Kindermann Henderson <DKindermann@aklandlaw.com> Subject: DN Acquisitions, LLC and Omair Nasim (File #2018-12 SP) Attached please find the letter to Mayor Nakanishi and the Lodi City Council. This letter is in regards to tonight's Appeal Hearing for DN Acquisitions, File #2018-12 SP. Thank you, Wendy Jones Legal Secretary for Diane Kindermann and Daniel Cucchi 111ABBOTT & KINDERMANN, INC. ATTOA,N(Ys AT LAW A Professional Corporation 2100 21st Street 1 Sacramento, CA 95818 tel: (916) 456-9595 1 fax: (916) 456-9599 website 1 blog 1 email This electronic message transmission contains information from the law fine of Abbott& Kindermann, Inc. which may be confidential or privileged. Recipients should not file copies of this e-mail with publicly accessible records. The information is intended to be for the use of the individual(s) named above. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. 1 Abbott& Kinderrnann, Inc. Circular 230 Notice: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding any federal tax penalties. Any legal advice expressed in this message is being delivered to you solely for your use in connection with the matters addressed herein and may not be relied upon by any other person or entity or used for any other purpose without our prior written consent. 2 ABBOTT & KINDERMANN, INC. ATTORNEYS AT LAW May 16, 2018 SENT BY EMAIL AND HAND DELIVERY Honorable Mayor Nakanishi Lodi City Council City Clerk's Office 221 W. Pine Street Lodi, CA 95240 cityclerk@lodi.gov Re: DN Acquisitions, LLC and Omair Nasim (File #2018-12 SP) Appeal Hearing Date and Time: May 16, 2018, 7:00 p.m. Honorable Mayor Nakanishi and Council Members: This firm represents DN Acquisitions, LLC ("DNA"), the applicant for the previously approved Site Plan and Architectural Review for a 76 Gas Station and Convenience Store, a 6 - dispenser fuel station, and Car Wash located at 141 East Harney Lane, Lodi, California (the "Project"). The purpose of this correspondence is to clarify the limited scope of this appeal before the City Council ("Council") and to support the Council's approval of the appeal ("Appeal"). Specifically, the narrow issue before the Council is DNA's request to use a private shared access easement that existed prior to the 2017 Project approval, for ingress and egress of refueling trucks necessary to operate the facility. PROCEDURAL BACKGROUND The matter before the City Council is an Appeal to overturn the Planning Commission's denial of DNA's request to modify the site plan as it relates to Condition of Approval No. 45 ("COA 45"). That condition was imposed by the Planning Commission ("Commission") at its November 8, 2017 meeting concurrent with its approval of the Project. The last minute timing of the imposition of this condition at the meeting, did not afford DNA an opportunity to discuss with its suppliers the feasibility of this alternative access design for fuel delivery trucks. Specifically, COA 45 requires a separate drive aisle onto Stockton Street with improvements to a median separating northbound and southbound traffic to eliminate DNA's use of its existing northern shared -access easement. It is important to note that DNA's consent to COA 45, in no way operated as an abandonment or restriction of DNA's underlying legal rights to use that easement now or in the future. A short time after the Commission approval of the Project, DNA was advised by its franchisor that the revised layout on the site plan with the separated driveway as a result of COA 45, could not accommodate trucks with fuel deliveries. 2100 TWENTY FIRST STREET " SACRAMENTO, CALIFORNIA 95818 " T 916.456.9595 F 916.456.9599 1485 MAIN STREET, SUITE 205 " ST. HELENA, CALIFORNIA 94574 !° T 707.294.2775 F 707.968.5728 www.aklandlaw.com « blog.aklandlaw.com Honorable Mayor Nakanishi Lodi City Council May 16, 2018 Page 2 of 3 Consequently, on February 14, 2018, DNA submitted a request to eliminate COA 45 ("Request"). Elimination of this COA would result in a revision to the approved site plan access to utilize a common driveway with the northern landowners to which DNA has full legal access and to reflect the Project as originally designed by DNA to utilize that legal access. This Request was heard by the Commission on April 11, 2018. At the April 11, 2018 meeting, the Commission's focus was supposed to be only on the shared access and the existing driveway between two properties. Based on public comments before the Commission on April 11, 2018, we note that substantive or procedural irregularities could have resulted from a misunderstanding of the scope of the decision before the Commission. We understand that some public comments addressed the overall merits and alleged impacts of the underlying Project itself and not the narrow Request before the Commission to authorize the full use of the existing northern shared access easement by removing COA 45. Regardless, based on the administrative record before them, the Commission voted 2-2 in favor of approval of the Request, with the tie vote resulting in a denial of the Request by operation of law. To date, this application has been before the Site Plan and Architecture Review Committee for two public hearings and the Commission for two public hearings. At each of the hearings, the Project has been approved and found to be consistent with the City General Plan, the Municipal Development Code standards, and the City's Design Guidelines. The Project has been analyzed under CEQA as having no significant impacts and therefore exempt under CEQA under 14 CCR Section 15332. THE APPEAL SHOULD BE APPROVED BY THE CITY COUNCIL TO ALLOW FULL USE OF THE NORTHERN SHARED ACCESS EASEMENT AND REMOVAL OF COA 45 DNA respectfully requests that the Council reconsider the 2-2 Commission vote. A 2-2 vote, while actually a failure to decide the Request, operates effectively as a denial. The narrow Appeal before the Council is DNA's request to use a private shared access easement that existed prior to the 2017 project approval for ingress and egress of refueling trucks necessary to operate the facility. To reiterate, when the original Project was analyzed and approval recommended by the City, no COA 45 was deemed necessary or imposed to address any land use or environmental concerns. At the Commission meeting to approve the Project, however, COA 45 was added requiring DNA to include a separate drive aisle onto Stockton Street with improvements to a median separating northbound and southbound traffic which limited DNA's use of its existing northern shared -access easement (COA 45). After the hearing, DNA's fuel distributor reviewed the revised access design and noted that it created circulation impediments for fuel delivery Honorable Mayor Nakanishi Lodi City Council May 16, 2018 Page 3 of 3 vehicles accessing the site. DNA Requested the modification to the Commission and the Commission delivered a 2-2 vote which acts as a denial. DNA now appeals this 2-2 vote. CONCLUSION Based on the foregoing, DNA respectfully requests that the City Council approve the Appeal and the following modifications: 1) Authorize the full use of the existing northern shared -access easement; and 2) Remove Condition of Approval No. 45. We appreciate the opportunity to clarify these issues and look forward to answering any questions the Council may have during the hearing. Sincerely, Diane Kindermann Henderson DKH/wj cc: Janice Magdich, City Attorney Omair Nasim, DN Acquisitions G-3 Jennifer Ferraiolo Subject: FW: DN Acquisitions, LLC From: Jennifer Ferraiolo Sent: Tuesday, May 15, 2018 4:22 PM To: Leo Burke <leo3@Ibproductioncenter.com> Cc: City Council <CityCouncil@lodi.gov>; Steve Schwabauer <sschwabauer@lodi.gov>; Janice Magdich <jmagdich@lodi.gov>; Craig Hoffman <choffman@lodi.gov> Subject: Re: DN Acquisitions, LLC Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Community Development Department for information, response, and/or handling. In addition, your correspondence will be provided to Council as a Blue Sheet item for tomorrow night's meeting. Jennifer M. Ferraiolo, MMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX Sent from my iPhone On May 15, 2018, at 2:35 PM, Leo Burke <leo3@lbproductioncenter.com> wrote: To Whom it may concern, We just want to put in our opinion on another gas station on Stockton Street and Harney Ln. That is one of the busiest and unsafe corners in all of Lodi. With hundreds Of residences, a school, commercial business and industrial "Maggio Cir" business within yards of that intersection please do not further congest the area. It is unsafe. The existing Mini mart/ gas station often has lines on both Stockton Street and Harney Lane. That planning was a mistake. Its bad many times of day but go watch at 4:00 to 6:00 pm. Better planning is a must! Leo P. Burke, III "Imagine The Possibilities" www.lbproductioncenter.com (209) 333-0996 1 M II 41S1E?(1 MCKINLEY, CEY, CONGER & JOLLEY, LLP ac/osS gE?r'1r;1 allo11S May 16, 2018 VIA HAND DELIVERY Hon. Mayor Alan Nakanishi and Members of the City Council City of Lodi 305 West Pine Street Lodi, California 95240 -GI- 3 c‘sla Dennis Shore John H. McKinley John R. Conger Brett S. Jolley Megan Galarneau Megan K. Hall Becky R. Diel attorneys at law bjolley@smcslaw.com Re: Objection to Approval of Proposed 76 Station Site Plan at 141 East Harney Lane (May 16, 2018 Agenda Item G-3). Dear Mayor Nakanishi and Councilmembers, This office represents the Ergonis Family, Ergonis Land Company, LP, Lodi Montessori School, and related entities ("Ergonis Family"), owners of 2525 S. Stockton Street, the parcel directly north of site of the proposed 76 fuel station and convenience store at 141 E. Harney Lane (hereafter the "Project") as well as Lodi Montessori School located on that parcel. The applicant's proposal seeks Council approval to allow all Project traffic to access Stockton Street across my clients' property. Such use will significantly impact the property and will create significant traffic, safety, and health effects precluding approval under the City's Site Plan ordinance or reliance on the intended "Class 32" CEQA exemption. Accordingly, the Ergonis Family asks that the Council uphold the Planning Commission's decision leaving the approved separate access in place. 1. Incorporation of prior objections So as to limit repetition, my clients in corporate by reference all prior comments about and objections to the this Project, including but not limited to those set forth at pages 408-411 of the Council Agenda Packet for this evening's meeting. 2. The Project, as presented, is likely cause significant traffic, safety, and health impacts Lodi Montessori School operates directly north of the proposed Project and the site plan design would cause a significant effect on traffic and pedestrian safety in and around the school. The sourthern driveway into Lodi Montessori has an easement benefitting the applicant's property. While the Project site plan approved in 2017 requires Project traffic to take access onto Stockton Street from a driveway physically separated from the School parking lot, the revised site plan would to use a shared driveway as its point ingress and egress on Stockton Street. If the revised site plan is approved, Project traffic (including tanker trucks) will be directed onto the Lodi Montessori site. But based on the existing circulation on the school property and the circulation design of the revised site plan, coupled with the {00152215.} 3031 WEST MARCH LANE • SUITE 230 • STOCKTON, CA 95219 209-477-8171 • WWW.SMCSLAW.COM Mayor Alan Nakanishi and Councilmembers May 16, 2018 Objection to Approval of Agenda Item G-03 Page 2 proposed shared driveway's proximity to the Harney Lane intersection, substantial project traffic is expected to travel north through Lodi Montessori's parking lot in order to exit and turn left onto Stockton Street or even to avoid stacked traffic at the intersection as shown here: This design would create a severe safety and traffic impact on the school, where parents will be picking up and dropping off young children throughout the day. This conclusion is supported the following evidence in the record: {00152215.} Mayor Alan Nakanishi and Councilmembers May 16, 2018 Objection to Approval of Agenda Item G-03 Page 3 • SPARC statements. Statements by several members of SPARC during the initial hearings on the Project expressing the members' beliefs that Project traffic will flow north through the school property outside of the easement to seek access onto Stockton Street at the northern driveway. • Land Use Guide expert report. We have commissioned a report prepared by Ms. Mo Hatef, a principal and professional land use consultant at The Land Use Guide, with 13 -years experience in public sector land use planning and project review, including evaluating development projects for CEQA compliance and potentially significant traffic impacts. Ms. Hatef warns that Project traffic generation during peak hours and throughout the day will be substantial. "Allowing Project traffic to access Stockton Street through the school property is likely to create a dangerous situation giving rise to significant ti aliiic and public safety impacts," she warns (p. 2).1 A true and correct copy of her report is attached hereto as EXHIBIT 1. • Lodi Montessori Letter. We have included a letter from Jolie Zins, Director of Personnel at Lodi Montessori. Ms. Zins includes photos showing traffic at the Harney Ln. intersection stacking (backing -up) to or past the proposed shared driveway. Ms. Zins further explains that School employees and parents of students typically utilize the northern driveway, rather than the shared driveway to exit onto Stockton Street because it provides better access onto Stockton Street. A true and correct copy of this letter is attached hereto as Exhibit 2. • Galarneau Letter. We have also included a letter from Megan Galarneau, a parent of children at the school, explaining that mixing Project traffic with toddlers and pre-schoolers would "create a very dangerous situation" based on her personal experience. Due to the tendency of children of that age to "dart" into traffic and their low visibility from inside a vehicle. Visitors to the school are aware of these conditions and drive with diligence and caution to protect their children, she explains. Project traffic will not enter the parking lot with the same level of vigilance and care. A true and correct copy of this letter is attached hereto as Exhibit 3. • Tarditi Letter. Also attached is a letter from Terri Tarditi, the original developer of the Montessori School who created the shared access easement, and owner of Tarditi Trucking. Mr. Tarditi states his own objection to shared access between the Project and the school. As Mr. Tarditi explains, the property was subdivided in a pre -Reynolds Ranch era and there was a presumption that the site would be occupied by a low traffic light industrial user rather than a high traffic retail convenience store/gas station operation. As the prior owner of the School, Mr, Tarditi notes his personal experience with traffic on the site (affirming the statements of Ms. Zins and Ms. Galarneau) that traffic at the intersection causes those in the lot to seek access to Stockton Street from the northern driveway and drivers will ignore any "NO ENTRY" signage and traverse the School parking lot if it means getting better access onto Stockton Street. A true and correct copy of this letter is attached hereto as Exhibit 4. 1 Ms. Hatef also notes that the Project's proximity to the school creates the potential for significant air quality impacts to be evaluated under CEQA. (pp.3-4) {00152215.} Mayor Alan Nakanishi and Councilmembers May 16, 2018 Objection to Approval of Agenda Item G-03 Page 4 • SEI Fuel Services Letter. The Applicant's request to reconfigure the site plan supports the conclusion that traffic will seek access onto Stockton Street further from the Harney Ln. intersection. As a letter from SEI Fuel Services found at page 397 of the Council Packet explains, the Applicant's fuel contractor does not want to assume "liability" for exiting onto Stockton St. from the approved separate access due to its proximity to the intersection. Just as the fuel supplier desires a further distance from the intersection to access Stockton Street, so will the Project's customers — causing them to drive north through the school parking lot. 3. Increasing the traffic congestion at Lodi Montessori through this shared driveway will have a substantial impact on a neighboring business, in violation of Lodi Municipal Code. Pursuant to Lodi Municipal Code section 17.40.020(E), the Council may approve a site plan only after first finding that: 1. The design and layout of the proposed project would: b. Not interfere with the use and enjoyment of neighboring existing or future developments, and not create traffic or pedestrian hazards. *** 2. The proposed development: a. Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity; and b. Has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Lodi Environmental Review Guidelines. (emphasis added) In making the findings required under the Lodi Municipal Code, the Council has the authority and the legal obligation to analyze the safety and environmental impacts of a proposed development project, and the discretion to impose conditions on a project to bring it in conformity with the Code and City policy, or deny a project outright. Findings must be supported by substantial evidence in the record and these findings serve to bridge the analytic gap between the raw data and the conclusions of the Committee. Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Ca1.3d 506. We submit that the Council cannot make the mandatory findings to approve the project and therefore must deny the application. The Project circulation design presented in the site plan will negatively impact the adjoining school property, will create significant, avoidable traffic and safety hazards, and would be detrimental to the public health safety and welfare of the students, teachers, and parents at {00152215.} Mayor Alan Nakanishi and Councilmembers May 16, 2018 Objection to Approval of Agenda Item G-03 Page 5 Lodi Memorial School. If the fuel station is only economically feasible with a site plan providing access through the school property (and the convenience store/car wash), and such access prevents the Council from making the findings, then perhaps the Applicant should consider a different use for the property that would be subject to siting in compliance with the ordinance. Accordingly, the appeal should be denied. 4. The Project is not exempt from CEQA as a Class 32 "infill" project Independent of the findings regarding public health and welfare effects and negative effects to neighboring property, the current site plan also fails to satisfy LMC §17.40.020(E) 2.b. which requires a finding that the site plan complies with CEQA. Here, the suggestion is that the Project is exempt from CEQA as a "Class 32" Infill project. Yet the site plan presented does not satisfy the mandatory qualifications of the Class 32 exemption. Under CEQA Guideline 15332, a project will be categorized as an "infill" project, and will be exempt from CEQA requirements if it meets all of the following requirements (emphasis added): (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. (emphasis added) The site plan presented fails to satisfy requirements of subd. (d), as it would result in significant effects relating to traffic, safety, and health, as discussed above. Accordingly, the Project is not eligible for this exemption as a matter of law and cannot be approved without undergoing CEQA review. As land use expert Ms. Hatef explains this is a qualified exemption. The official CEQA Guidelines discussion states that this exemption is available only for "environmentally benign in -fill projects... This class is not intended to be applied to projects which would result in any significant traffic, noise, air quality, or water quality effects." The discussion also notes the applicability of the exception to the exemption where unusual circumstances may result in significant environmental impacts (Guideline Section 15300.2.) In this case, substantial evidence in the record showing likely significant traffic, safety, and air quality impacts summarized in section 2, supra, render the Class 32 Guideline inapt on its face. And even if the {00152215.} Mayor Alan Nakanishi and Councilmembers May 16, 2018 Objection to Approval of Agenda Item G-03 Page 6 Guideline were not facially barred, the section 15300.2 exception applies based on the Project's high traffic generation and proximity to the school. Accordingly, even if the revised site plan were not barred by the Site Plan ordinance, the Class 32 exemption is unavailable and its adoption would reflect a prejudicial abuse of discretion by the City Council in light of the evidence in the entire record. 5. Private easement does not mandate the Council approve access where public safety issues as well as traffic and pedestrian hazards will be created. The Applicant has suggested that because the Project site benefits from an access easement across the school property the Applicant is entitled to a site plan that includes such access for fuel station traffic or the City otherwise lacks discretion to restrict this access. Not so. A private easement is nothing more than an agreement between two property owners. While the presence of an easement may allow the City to approve project access across the easement, the easement does not compel the City to approve project access across such an easement. Again, the Council has discretion to determine whether or not to approve a site plan and, in fact, cannot lawfully approve a site plan that does not satisfy the requirements of Lodi Municipal Code section 17.40.020(E), supra. 6. Inaccurate Commission minutes and executed Resolution showing Project approval. The draft April 11, 2018 Planning Commission minutes contained in the Council Packet incorrectly state that the motion to approve the Project carried (by a vote of 2-2-3). In addition, the Council Packet contains an executed Resolution No. PC 18-14 approving the project on the same vote. Obviously, application was actually denied by the Commission, with the applicant obtaining only two of the required four votes for votes for approval. While this mistake was no doubt inadvertent, the meeting minutes must be revised to reflect the denial and the erroneously issued Resolution No, PC 18-14 must be voided and repealed to reflect the Commission's denial of the Project. 7. Misrepresentations by Applicant During the Planning Commission hearing in April, which I was unable to attend and requested be continued, the Applicant stated that the undersigned has been difficult to reach and suggested that the Applicant desired to work with the Ergonis Family but we were unwilling. This is an absolute untruth. Neither I nor my clients have ever received so much as a letter, phone call, or email — or any other form for communication from the Applicant or his representative about this site plan revision. Moreover, when we attempted to negotiate a compromise of our concerns regarding the Project with the Applicant in 2017, the Applicant expressly refused to negotiated with the Ergonis Family and stated that it would only agree to a deal with the City. This is why we had to negotiate project modifications and the addition of Condition 45 during at the public hearing in November. Although all of my clients concerns were not fully addressed, they decided they could live with the Project as modified (8' sound wall, separate access onto Stockton Street, landscaping improvements, and Applicant's representation that he did not intend to sell alcohol) to allow development. Imagine their shock and frustration to learn that the Applicant had returned to the City unilaterally months later requesting that compromise be vacated. While this information should not affect your decision as to whether or not to approve a land use request, the Applicant's material misstatements {00152215.} Mayor Alan Nakanishi and Councilmembers May 16, 2018 Objection to Approval of Agenda Item G-03 Page 7 about attempts to contact the undersigned should not go unanswered so as to otherwise taint the proceedings. 8. Potential violation of due process and fair hearing Item C -2(b) of the agenda for tonight's meeting states that the Council intends to discuss "exposure to litigation" from "Potential Suit by Omair Nasim and DN Acquisitions, LLC, against City of Lodi Arising Out of Land Use Denial by Planning Commission." While the Project is not expressly identified, the applicant and a Planning Commission denial are. To our knowledge, the applicant has not been denied any land use permit by the Planning Commission other than the denial of this Project last month, and therefore it appears that the Council intends to discuss this Project in closed session prior to the public hearing on the Project. Please note that the Council discussing the merits of the Project in advance of the public hearing would constitute a denial of due process and fair hearing to my clients. Moreover, this item is not properly agendized as a closed session item under the Brown Act litigation exception (Gov. C. §54956.9(e)(2)) because the City's decision is not yet final (and remedies giving rise to a cause of action not yet exhausted) and will not be final until the Council renders a decision on the Appeal. Accordingly, we request that the Council not discuss this Project during tonight's closed session and confirm such fact upon returning to open session. 9. Conclusion Thank you for your consideration of our objection to the proposed site plan. We ask the Council to deny the site plan for the reasons explained above to ensure the safety of the teachers, parents, and children who attend Lodi Montessori property daily. Thank you. Respectfully submitted, SHORE, McKINLEY, CONGER & JOLLEY, LLP l)yL;;t z, 1 ;,r0 BRETT S. JOLLEY Attorney -at -Law Enclosures: (Exhibits 1-4) cc: Client Applicant's Representative, David Lundy (dlundvPPMDGing.com) Craig Hoffman, City Planner (choffmanPlodi.gov) Janice Magdich, City Attorney (imagdichPIodi.gov) {00152215.} THE LAND USE GUIDE Planning and Land Use Consulting May 14, 2018 Brett Jolley Shore, McKinley, Conger & Jolley, LLP 3031 West March Lane, Suite 230 Stockton, CA 95219 209-477-8171 Re: Environmental impacts from 141 E. Harney Ln. Project Dear Mr. Jolley, This letter is in response to your request to review the CEQA determination and environmental impacts of the proposed construction of a 76 gas station with convenience store, 6 dispenser fuel station, car wash and related site improvements at 141 East Harney Lane, Lodi. The City of Lodi contends the project is exempt from CEQA using the "Class 32" Infill exemption, asserting that the project has no significant environmental impacts. The law is clear this exemption cannot be invoked if there is a possibility of a significant impact. In reviewing the merits of the project it is my professional opinion that the proposed site plan revision presents a likelihood for significant impacts with regards to traffic, safety, and air quality. Accordingly, the project site plan does not meet the City's mandatory ordinance findings or the Class 32 exemption requirement. Background The applicant proposes to construct a new 3,000 square foot 76 gas station convenience store, 800 square foot car wash, 2,300 square foot canopy with 6 multi -product gas dispensers for 12 car spaces, and parking. The project is proposed on a .76 acre vacant parcel at the northwest corner of Harney Lane and Stockton Street in Lodi and is approximately 90 feet by 258 feet wide. The access to the site is proposed via a shared driveway (with your Montessori school clients) off Stockton Street and a proposed 35 feet wide driveway via Harney Lane. The site plan included in the staff reports is not clear on the circulation width and driveway width from the shared driveway. The project was originally proposed in 2017 with access via the shared driveway. Your clients objected to this site design raising traffic and safety concerns and the applicant ultimately agreed to separate the project access from the school access, which re -design was approved by the Planning Commission after review by City public works staff. That approval also included a condition 45 that provided: The approved site plan includes a separate drive aisle onto Stockton Street with improvements to a median separating northbound and southbound traffic. This spring the applicant returned to the City requesting that the project design revert to the prior proposal allowing ingress and egress from Stockton Street via the shared access and removing condition 45. The Planning Commission denied this request last month and the applicant has now appealed to the City Council. 1 Traffic and safety impacts from the project Allowing project traffic to access Stockton Street through the school property is likely to create a dangerous situation giving rise to significant traffic and public safety impacts. Because it necessarily follows that fuel station customers will drive through Lodi Montessori's parking lot in order to exit and turn left onto Stockton Street. This creates a severe safety and traffic impact on the school, where parents will be picking up and dropping off young children throughout the day. Although I am not a traffic engineer, I am a land use professional and was employed as a project planner, most recently a Senior Planner in charge of current planning projects, at the San Joaquin County Community Development Department for thirteen years prior to becoming a private land use consultant. In that capacity I prepared or oversaw the preparation of well over 100 environmental review documents for private development projects. In this capacity a planner's responsibility is to review each proposed project to determine whether that project is exempt, may cause potentially significant environmental impacts requiring the preparation of an environmental impact report, will not have such potentially significant impacts (in which case a negative declaration or mitigated negative declaration may be prepared), or is otherwise exempt from CEQA. Accordingly, in reviewing this site plan and thc materials in the record, including the Planning Commission and City Council staff reports, I am qualified to determine whether the traffic circulation presents the potential for significant environmental effects. And in my professional opinion, the potential, if not probability for such impact, is highly likely with this design. As traffic from the fuel station flow to access Stockton Street, many drivers can be expected to drive past the shared access and proceed north through the school parking lot to access Stockton Street from the driveway at the northern property line of thc school site. This is because drivers desiring to turn left onto Stockton Street (requiring the driver to cross southbound lanes prior to accessing the northbound lanes) will find the northern driveway buffered by further distance from the intersection a more attractive place from which to turn left. This same is true for drivers attempting to make a right hand turn onto Stockton Street to enter the left turn lane at the intersection. In fact, this is the reason given by the applicant's proposed fuel supply contractor for wanting to abandon the separate access and make use of a shared driveway further north (see. 5/16/18 Council Packet at p. 397 ["After receiving the new site layout, we deemed this site to have a liability for our tanker trucks to be able to exit the site from Stockton Street and enter thc left turn lane to get on eastbound Harney Lane."]) This condition will be exacerbated at peak traffic times where the southbound Stockton Street traffic backs up at thc Harney Lane intersection, reaching the shared driveway, causing fuel station customers to drive through the school parking lot to find a more northern access point onto the street. With thc separate driveway for the fuel station as originally approved this problem is eliminated. Convenience store/fuel stations see significant traffic flow during peak hours and throughout the day. Because the City has not prepared any type of traffic impact study, we can turn to accepted industry standards to estimate traffic generation from the Project. In reviewing the merits of the proposed project and staff report, it would be difficult to presume the project has no potentially significant environmental impacts and in analyzing the trip generation counts, it would be more accurate to presume there is a reasonable possibility that the activity may have a significant effect on the environment. The applicant proposes to construct a new 3,000 square foot 76 gas station convenience store, 800 square foot car wash, 2,300 square foot canopy with 6 multi -product gas dispensers for 12 car spaces, and parking. The project is proposed at the northwest corner of Harney Lane and Stockton Street in Lodi and the access to the site is proposed via a shared driveway off Stockton Street and a proposed 35 feet wide 2 driveway via Harney Lane, The site plan included in the staff reports does not appear to be clear on the circulation width and driveway width from the shared driveway. Trip generation is a measure or forecast of the number of trips that begin or end at the project site, As a standard guideline, trip generation rates are calculated as provided by the Institute of Transportation Engineers. Average trip rates are as follows for AM and PM peak times': Independent Variable Weekday AM Peak Hour Weekday PM Peak Hour Calculated [TE Calculated LTE Trip Rate (per fueling station) 11.89 10.06 8.67 13.38 Trip Rate (per 1,000 sq. ft. GFA) 44.58 77.68 32.50 65.76 Trip Rate (per AM/PM Peak Hour Traffic on Adjacent Street) 0.083 0.04 0.050 0 04 With conservative estimates, trip generation rates are expected to be approximately 10-12 trips per fuel pump during the AM peak hour which results in a total of 60-72 fuel customers for the proposed 6 fuels pumps. Concurrently, there would be an additional 45-77 trips for a total of approximately 135-231 trips in the AM peak hour in addition to peak school traffic with children being dropped off. From a land use and planning perspective, placing anywhere near this volume of traffic in the school parking lot would likely lead to not only traffic impacts and an increase in vehicular accidents, but it creates substantial risk of bodily injury or death. While the parents taking their children to school are aware of the school and can reasonably be expected to drive cautiously, watch for darting children, and take extra precautions to keep the parking lot safe, drivers coming from the gas station will not be as aware of the school and can be expected to drive, speed, be distracted, and drive in a more careless manner in the school parking lot. The applicant previously indicated that it will shoulder the cost of putting up signs and painting the entrance lot to discourage its use as a cut -through, but it is unclear if that has been proposed again. Even if it were, such improvements are not an acceptable substitute for separating fuel station and school traffic. Experience teaches us that this approach would be ineffective. Signage alone will not prevent a driver determined to turn left onto Stockton Street from cutting through the school parking lot. In my professional opinion, the proposed site plan revisions are likely to cause significant traffic and safety impacts that the City has not evaluated or addressed in its analysis. Air Quality Impacts In addition to traffic impacts, it appears the project also presents a potentially significant air quality impact. In a Guidance Document prepared by ICF International assessing Air Quality Issues for School Site Selection2, siting of school and child care facilities should include consideration of proximity to roads with heavy traffic and other sources of air pollution. Schools should be located to avoid "hot spots" of localized pollution. As demonstrated through the various subsections of the PRC § 21151 and in S13352, California law is very clear about separating sources of hazardous emissions, particularly those from mobile sources such as idling vehicles at gas stations, from sensitive receptors at school sites, such as children who are more susceptible to health risk hazards. Air contaminants pose health risks to those that are exposed to thein. Students, along with the elderly, pregnant women, and persons with existing health problems, are particularly susceptible to health effects from toxic emissions that may occur from certain types of sources, including busy roads, contaminated soils, and other sources of emissions such as haps: //www.westernite.org/datacollectionfund/2015 /2015%20-0/020 BYU.pdf 2 http://www.agmd.gov/docs/default-source/planning/air-quality-guidance/school_guidance.pdf 3 gasoline dispensing facilities that can be found at and near school locations. These emissions sources may emit compounds that can cause a variety of health effects, including neurological, respiratory, and developmental effects as well as cancer. The risk from each of these compounds increases with concentration of the pollutant and the duration of exposure. Overall risk may be compounded by having multiple sources emitting different pollutants in any one area. The US Environmental Protection Agency, the CA Air Resources Board, and the Air Pollution Control District (APCD) have established ambient air quality standards for common pollutants. The ambient air quality standards represent levels of contaminants that are considered at safe levels which avoid specific adverse health effects associated with each pollutant. Of serious concern is the emission of particulate matter (PM,o, or particles 10 microns or smaller in diameter). Emissions of these air pollutants, and their precursors, will increase as a result of motor vehicle trips generated by the project, and from grading and construction operations and should be analyzed for their impacts to sensitive receptors such as children at school. It is unclear in the Staff Report if air quality impacts were assessed and whether or not the proposed gas station project would exceed APCD thresholds of significance for air pollutants or if this analysis occurred. Class 32 exemption is unavailable based on the evidence The City of Lodi states the project is found to be categorically exempt from CEQA review under Government Code Section 15332 Class 32 which states projects being characterized as In -Fill Development Projects are exempt from CEQA review. The Guideline provides: 15332. In -Fill Development Projects. Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. CEQA acknowledges that there may be categories of activities that have minimal adverse environmental effects and therefore designates projects that should be exempt from CEQA review. The official Discussion of Section 15132 states, "This section is intended to promote infill development within urbanized areas. The class consists of environmentally benign in -fill projects which are consistent with local general plan and zoning requirements. This class is not 4 intended to be applied to projects which would result in any significant traffic, noise, air quality, or water quality effects. Application of this exemption, as all categorical exemptions, is limited by the factors described in section 15300.2." When there is a possibility of a potentially significant environmental impact, the law is clear the exemption rule can no longer be invoked. Application of this exemption, as with all categorical exemptions, is limited by the factors described in Government Code Section 15300.2. Government Code Section 15300.2 (c) clearly states: A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. In this case, the likely significant traffic, safety, and air quality impacts from the project indicate that the project does not meet all criteria required for a Class 32 exemption. Specifically, subd. (d) ("Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.") While it is not required, it is strongly recommended for the lead agency to prepare enough information within the administrative record to support the use of a categorical exemption and explain the reasons why none of the exceptions to the exemptions under Section 15300.2 apply. To use the Class 32 exemption, the agency must specifically determine that a project would not result in significant traffic, noise, air quality, and water quality impacts (beyond the general requirement of Government Code Section 15300.2); this may require technical studies of these topics. Such studies would provide substantial evidence supporting the conclusion that no significant impacts exist. In the absence of these studies and/or additional information and in reviewing the site plan and project details, the project is likely to result in significant impacts on the environment with regards to traffic impacts and air quality impacts. If you have any questions on this matter, please contact me at 209-597-2385 Sincerely, Mo Hatef, Principal Planning and Land Use Consultant The Land Use Guide 5 M0RWARID A. HATEF 225 CEDAR MOUNTAIN DRIVE•TRACY, CA 95376 PHONE: 209-597-2365 • E-MAIL: MHATEFOGMAIL.COM SUMMARY THIRTEEN YEARS OF EXPERIENCE MANAGING PROJECTS AS A LAND USE AND ENVIRONMENTAL PLANNER MORE THAN A DECADE YEARS OF EXPERIENCE MANAGING THE PREPARATION OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTS IN THE PUBLIC SECTOR EXTENSIVE EXPERIENCE REVIEWING COMMERCIAL DEVELOPMENT PROJECTS FOR POTENTIAL ENVIRONMENTAL IMPACTS, ZONING COMPLIANCE, AND PLANNING DESIGN. SPECIALIZING IN MANAGING, REVIEWING, AND EDITING ENVIRONMENTAL IMPACT REPORTS, INITIAL STUDIES, AND MITIGATED NEGATIVE DECLARATIONS. SKILLED AT RESEARCHING TECHNICAL PLANNING AND ENVIRONMENTAL TOPICS, AND WRITING PUBLIC POLICY DOCUMENTS SUCH AS CRAFTING ORDINANCES AND STAFF REPORTS. EXPERIENCE 2017 -PRESENT PLANNING CONSULTANT THE LAND USE GUIDE, TRACY, CA A CONSULTING BUSINESS SPECIALIZING IN PLANNING AND LAND USE CONSULTATION SERVICE TO GUIDE AND ASSIST THE PUBLIC AND JURISDICTIONS IN THE REGULATORY PROCESS OF DEVELOPMENT AND CEQA MATTERS WITHIN THE SAN JOAQUIN COUNTY AREA. KNOWLEDGEABLE ABOUT A BROAD RANGE OF ENVIRONMENTAL TOPICS, BACKED BY EXPERIENCE IN THE FIELD, RESEARCH, TECHNICAL WRITING, AND PLANNING. 2012-2017 SENIOR PLANNER SAN JOAQUIN COUNTY STOCKTON, CA SUPERVISE THE ACTIVITIES OF STAFF IN THE PLANNING DIVISION AND MANAGE CURRENT PLANNING INCLUDING TRAINING EMPLOYEES AND ASSIGNING, DIRECTING, MENTORING, AND EVALUATING THE PROJECTS OF EMPLOYEES (DISCRETIONARY APPLICATIONS AND ENVIRONMENTAL DOCUMENTS) WHILE CONCURRENTLY WORKING ON ADVANCED AND LONG RANGE PLANNING PROJECTS, PREPARE A VARIETY OF COMPLEX AND DIFFICULT PLANNING REPORTS AND MAKE PRESENTATIONS TO VARIOUS DECISION MAKING BODIES, MEET AND CONSULT WITH VARIOUS STAKEHOLDERS REPRESENTING THE DEPARTMENT AND THE COUNTY TO INTERPRET PLANNING PROGRAMS, INCLUDING OTHER GOVERNMENTAL AGENCIES, DECISION MAKERS, DEVELOPERS, AND MEMBERS or THE PUBLIC AT LARGE, AND SERVE AS THE LEAD PROJECT MANAGER FOR SEVERAL COMPLEX AND HIGH PROFILE DEVELOPMENT PROJECTS. 2005-2012 ASSOCIATE PLANNER SAN JOAQUIN COUNTY, STOCKTON, CA ASSIST THE PUBLIC REGARDING REGULATORY PROCESS AND INTERPRETATION OF ZONING AND PLANNING REGULATIONS, SCHEDULE AND COORDINATE PUBLIC HEARINGS, PREPARE STAFF REPORTS AND ENVIRONMENTAL DOCUMENTS, REVIEW OF COMPLEX LAND USE SUBMITTALS/PLANS, ENSURE COMPLIANCE WITH SAN JOAQUIN COUNTY'S GENERAL PLAN, MEET AND CONSULT WITH OTHER GOVERNMENTAL AGENCIES AND PRIVATE ORGANIZATIONS, ATTEND AND MAKE PRESENTATIONS AT PLANNING COMMISSION AND BOARD OF SUPERVISORS HEARINGS, AND PERFORMANCE OF SPECIAL PROJECTS AS ASSIGNED. ED UCATION/TRA IN I NG: COMMITTEES: B.A., INTERNATIONAL RELATIONS AND A MINOR IN POLITICAL SCIENCE, UNIVERSITY OF CALIFORNIA, DAVIS SUBDIVISION MAP ACT WORKSHOP CEQA WORKSHOP WILLIAMSON ACT WORKSHOP VICE CHAIRMAN, HABITAT TECHNICAL ADVISORY COMMITTEE, COUNCIL OF GOVERNMENTS AGRICULTURAL TECHNICAL ADVISORY COMMITTEE, SAN JOAQUIN COUNTY EXHIBIT 2 LIM LODI MONTESSORI 2525 S, Stockton Street, Lodl, CA 95240 • Phone: 209.366.1012 • Fax: 209,366.1013 May 16, 2018 Mayor Alan Nakanishl City of Lodi 305 West Pine Street Lodi, Califomia 95240 Subject: Proposed 76 Station at 141 East Harney Lane Dear Mayor Nakanishi, I am the Director of Personnel at Lodi Montessori School, which I own and operate with my sister and sister-in-law. We purchased the school (previously operated as Montessori Villa since the early 2000s) in August 2012. The average enrollment of the school is 70-80 students, ages 2 through 6 (kindergarten). We oppose the request of Mr. Nasim to remove condition 45 and re -configure his approved and mutually -negotiated site plan so as to direct traffic from his gas station/convenience store project onto the Lodi Montessori property. In addition to the shared driveway Mr. Nasim proposes to use to serve his project, our property also has access onto Stockton Street near the northern boundary. The southbound Stockton Street traffic backs up substantially at the Harney Lane traffic light. The traffic will stack all the way back to and sometimes past the shared driveway during high traffic periods. I have attached several pictures from this morning showing these conditions. If a driver wants to make a left turn onto Harney from the Stockton Street, he or she definitely needs to take the northern exit from the school parking lot. The same is true for anyone wanting to go north on Stockton Street. During high traffic times it is extremely difficult to do otherwise. This is how our employees and parents of students navigate our parking lot. The revised access proposed by Mr. Nasim will place all gas station traffic looking to exit onto Stockton Street in the same predicament; and drivers will take the fastest option — driving north through our parking lot to take the northern exit. Funneling project traffic into a parking lot regularly filled with crossing pre-schoolers and young children would create substantial and unacceptable risk for injury. Mr. Nasim's asks for this unsafe change because his fuel supplier doesn't want "liability" associated with his trucks exiting onto Stockton Street near the intersection. That liability should not be shifted to the City and the Lodi Montessori community. Sincerely, J2) '.J, i J Ilii Zins Director of Personnel www.Iodimontessori.com Attachment to letter of Jolie Zins May 16, 2018 Looking southeast toward the Harney Lane Intersection from the proposed shared driveway. Looking east across Stockton Street from the proposed shared driveway. Galarnean Family 2621 Creekside Drive Lodi, CA 95242 EMAIL cityclerk@lodi.gov May 15, 2018 Mayor Alan Nakanishi And Members of the Lodi City Council 221 West Pine Street Lodi, CA 95241 Re: Opposition to 76 fuel station (5116118 Agenda Item G-03) Dear Mayor Nakanishi and members of the Lodi City Council: I urge you to reject the request to approve the revised site plan for a gas station and convenience store at 141 E. Harney Lane. The application would allow gas station traffic to take access onto S. Stockton Street across the Lodi Montessori School parking lot and driveway, creating a very dangerous situation. As a parent of three children between the ages 5 years to 6 months, the oldest two of whom attend Lodi Montessori School, I believe allowing gas station traffic to have direct access to school parking lot will create a significant safety hazard. During morning drop-off and afternoon/evening pickup times, you will see parents navigating the parking lot with excited toddlers and pre-schoolers. As the Council is likely aware, children of this age have a tendency to "dart" no matter how closely watched. Their short stature at that age also makes them difficult to see from inside a car, minivan, or truck. Fortunately, the parents of Lodi Montessori are aware of this risk and navigate the school parking lot with great vigilance and care to ensure the safety of all of our children. Drivers from the gas station who are not affiliated with the school cannot be expected to approach parking lot navigation with this level of care — and their presence substantially increases the risk of harm to our children. It is also likely that gas station customers desiring to turn left on Stockton Street will go all the way through the Lodi Montessori parking lot in order to exit from the northernmost driveway as do the parents at the school — as this driveway's location further from the intersection provides easier access onto Stockton Street. Please deny the request and ensure the gas station operator installs the separate access to which he agreed last year. Sincerely, Megan t . Galameau Hon. Alan Nakanishi Mayor City of Lodi 221 West Pine Street Lodi, CA 95241 anakanishi{a lodi.gov Subject City Council May 16, 2018 Agenda Item G-03 (76 fuel station) Dear Mayor Nakanishi, It is my understanding the an application has been submitted to develop 141 E. Harney Lane (located at Harney and Stockton St.) with a retail gas station/convenience store/car wash and that the applicant desires to utilize shared access with the Montessori school located immediately to the north for customer access to and from Stockton Street. As the original subdivider of these two parcels and developer of the Montessori school property, I'd like to offer some background on the purpose of the shared access easement. At the time of subdivision the City was reluctant to allow access on Stockton Street any closer to the Harney Lane intersection than the location of the shared driveway easement. Accordingly, in order to allow Stockton Street access from the southern parcel we created the shared driveway easement. At that time it was presumed that the southern parcel would be developed with a light industrial (low traffic) use consistent with the industrial zoning on the property. We did not envision a high traffic retail use of the kind now proposed locating at this location. Nor did we anticipate the increased traffic in this part of town with Reynolds Ranch development. Had these factors been known at that time we certainly would not have authorized shared access with the school. Mixing high-volume retail traffic with school traffic is a disaster waiting to happen. I know from experience that as traffic stacks up on southbound Stockton street at the Harney Lane traffic signal, drivers will not want to wait at the shared driveway to attempt to exit onto Stockton Street, and instead will drive north through the school parking lot to exit at the furthest driveway from the intersection. While this area is not within the shared access easement, this point will not matter to drivers who know no better or who will actually ignore "NO ENTRY" signage in order to gain a better position to access Stockton Street. This is human nature. This will then have a substantial increase in traffic traveling through the school parking lot putting the many toddlers and young children who attend the school and their parents at risk. Accordingly, if a fuel station must be constructed at this location, It should be forced to keep the alternative access design approved by the Planning Commission last year. I urge you to deny the applicant's request. Sincerely, ✓" Terry Tardjt( (209) 6393900 Jennifer Ferraiolo From: Steve Schwabauer Sent: Thursday, May 17, 2018 1:48 PM To: City Council; JoAnne Mounce - External Subject: FW: Proposed 76 gas station in Lodi Ca Council: FYI...the applicant requested we move the continued public hearing to June 20. diLd (Mt) Steve From: Steve Schwabauer Sent: Thursday, May 17, 2018 9:18 AM To: Brett Jolley (BJolley�a herumcrabtree.com); 'dkindermann@aklandlaw.com' Cc: Janice Magdich; Linda Tremble; Craig Hoffman; Charles Swimley Subject: Proposed 76 gas station in Lodi Ca Brett: After the conclusion of last night's meeting, applicants counsel realized the applicant would not be available on June 6. Accordingly we will continue the hearing further to June 20. In the mean time I am hoping we can set up a meeting in the near term with all parties to see if we can find solutions to the needs of both parties. Would you both please let me know of your interest and availability in the next few weeks. Thanks Stephen Schwabauer Lodi City Manager 221 W. Pine Street Lodi, California 95240 (209)333-6700 sschwabauer@lodi.gov 1 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 citycierk@lodi.gov 6 -3 !v `j B. :]a1(Gy afb- Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with ow young children. In fact you will be creating a situation that could result in serious injury or death to my child Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: t Vt eL �•�,GL ;iS Address: (1l 8" Ta-cS do 2". � � Cif 95i- May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Stmt with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. Hyatt allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan_ Sincerely, Name: Address: arra, t treat ( 21-P-10 Tri ' a 1.0d Clar ' ua May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk®c lodi.gov Subject: Opposition to 5/16/18 Agenda Item C-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 14] E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: ri Ailetrr (i00 i t ke rr1 Q �,orii Q ctS a May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclers@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi -Montessori School, I oppose the request to approve a gas station and coDvenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our child= as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeo�ng all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was at,ptuved last year. Please do not approve this plan. Sincerely, Name: 10-.2 [9i] o YI Yl Address: q j 7 e Marr 4e k(b 14 q5 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 citycierk©lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, l oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking Iot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child— including requiring the gas station developer to use the separate access that was awed last year. Please do not approve this plan. Sincerely, Name: Address: (1A41 M °Cu t291 cun (look May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@locli.gov Subject Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. PIease consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: ! May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk®lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at I41 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children_ hi fact you will be creating a situation that could result in serious injury or death to my child Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: N1,14) 0 a Address: I 1 Q At Cre 'ce f Yj) e1 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 citycierk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare dour children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking Iot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child— including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: nk rr5'UeZ Address: 1.11 ()( ? 4-ti-tiPeS 2 . L0, May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16118 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. PIease consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: frridnAD9 PoC ff Address: f)11/� V y k ozod *i U`2 I56i:i Cv 9SZ'o May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk®lodi.gov Subject: Opposition to 5/16/18 Agenda Item G03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the outer options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: i OVJ G i t E Address: 7a. PG1 r- t i /,34•1 ( 9SZgQ May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 citycierk©lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 11JilDkiieveL 76 �w� k fSir, 1A -it 11 (2s- z i 11 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopariii7ing all of our sa&-ty as we move across the parking Iot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: 3‘o, V\ 1,l A 1/4A— (l cs_ms o b Address: ' `-, r o r , Cod C 95- z -q May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerki lodi.gov Subject: Opposition to 5!16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: ) 4 C' G- iv\ Address: j �:,J t c cts-z May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk(ct�lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station aud convenience store at 141 E. Harney Lane which would allow gas station trafc to shave access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking Iot with our young children. In fact you will be creating a situation that could result in serious irajary, or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 'ancon N'jt +- '' ryry 'rrtJ�� r I S�3 d 9 CA- i W `- 1 o May 15, 2018 Mayor Man Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: PuITIN(-).0 `A O r'eiri 0 Address: t 021 R l P.nPT-r- CAV V May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5116!18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Siyrely, Name: h he_ L4t.W y) ` 35 (S Aw __LALLC Address: May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk®lodi.gov Subject Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardig all of our safety as we move across the parking Iot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: OP et MA II2( Cu Otj 1S SfCFoy CA1Z.tll May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk®lodi.gov Subject: Oppo5itioa to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child -- including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, r. Name: \�7J1 GO € arn . \ Address: r-14e)r. (*+'0r L it(4 C4'1.ca May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: j 2 JQ �"1 D� Address: �lQ Ze.) t (?4()1(50-6/0 Acj 4.),,l met I May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child – including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: 9k:14) -Ott.-,?_11/41/4 Address: K ?1, Le </v1 .� ,- c, edi (A 6k1Z2tvz May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5116/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeoparcli7e the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: Plan( LCD D\ /C 14 'at May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S_ Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: :[4cL> catrzi fut 19510 12c�1 ladixclgo CA 9525$3 May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: SA.e \-€ 43etiv+ut tS 'ctS ;7c1 3 CGiKA.I dU( May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safery and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child -- including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 1.0-4Z 5 Pep" C4. , Ci- ' S JY o May 15, 201$ Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: tAii/af Los Address: .) & OW< Pr off F bode C-4 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardise the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: S� r; ,nage r Qa\w\ ate uck, Ci` 06* May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: '"71D e?)L-3—( Ck,CP\g5aa-1 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeoparcii7e the safety of my child— including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 79 .. S RAL L 5.Sa/Z- May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: t&- eyJ'ei-4J t cr,dt sz-e May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: l — I (L O KiRS Cr) Address: ; i{/c-f - - May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: `-� lLLD 1,(11/.1( zt41 �r . May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council_ As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: SJ L IL_e .. Address: 2-S-77 $.Z ,),c4,/,, 6D /54- 9a4Z-. May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address:14 gi LteLGtr7-c-c7 �- Lot ets tett May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: le* YettA'Sfrt, r'u� CA May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School_ Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: L4 uo eryim fie. ck-+o N, May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved Last year. Please do not approve this plan. Sincerely, Name: Address: 2—S ` i r May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: t7d OA 9C-242_ May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: Acie 1. 1U i - vului S - Ck cam , Cft May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address:l?‘5-ct( tqAciarci kt,rki CGS S a e -S Ldii, q5c' o May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: n Address: c9CG 3z> N May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 5hartro a Podn, 7iS? Prat) Stm i -cd; , q5 -M0 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 6.14 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: cAr105 r1Lnn i c1 60! e - .TheivyA.) May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 citycierk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to shsre access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: ©e-rr)_ iky\C,1 Address: 1 24 2_ rft s S Ct ; 9 5 2C9 May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child - including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: A\ 1tic OCLC . Address: 52-\t l O'Sha-tear Dr Scotian` CA Ciga1O May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: c\-)Y\QAAKQv\t tot t J _ \52 -to May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: Ye&' cern. /532 AM51 SDI. cA 9 )-SZ- May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: Cac-<,e_ 1c\ k ?ay_C'' May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name:V�✓v�--' Address: May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: OlaT52- ala; ik(-):;) cA 952-423 May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: LAI ekg24/ May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: i /4 0 h May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address:iz6c-t NA/14f di '10"\ Lth CAS► �y!Z May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi_gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, VJAV1 Name: KC fay` o AN AN Address: @ ]a 11� ru uiy 4q720 AI411-`--51TO May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: Jam-e' R (49 I -#'#-Ls-b tc--A-( C.'` - May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school, If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the s. of my c- including requiring the gas station developer to use the separate acces : that as app t year. Please do not approve this plan. Sincerely, Name: Address: wevt\--roj ykAcs,i r) Ltd_ Let a�o(46 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of .t child — includi.._ eq : 'ng the gas station developer to use the separate accessthat wa a proved last ye Sincerely, Name: Address: o not approve this plan. 0%568a wen -W q0cf,b0 E pdiv maVl LAI/Le ?HYD May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: (1.5,4- .SSC `-GC' 61✓Y ZO &? /VL/i7)107 64 -)CZ -1 ted. CSA 5'�¥ May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, -A—ti\ Name: \\/\- C-61/41\ eY Address:� O'( �� `r' CVQ1 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: U LK: \ ( CAC 2 4 ° May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with bur young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access That was approved last year. Please do not approve this plan. Sincerely, Name: Address: wy71) Tri 0+74 E Z E 0 mcn f �� � } 15Z yo May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi_gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, i oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: \s(A\-a:Aka Quopk) ?)24 Mn6 \\(a�f L004 C�- Q52_4-}0 May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site pian) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child - including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: kr'-' ty ) Address: 06"c"„) May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: •V-=*-ckA �b? ij \'• 9. \JovL-)CN - &,I , C1 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: May 15, 2018 Mayor Alan Nakanishi Lodi City Council CIO City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@Iodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeoparcdi7e the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: t i c Nc - d � C" c5 2-�2 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 17 D 1 . Sc c ra Lc6lC)6152 0 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: MPI;.+4- Address: y(")�� .mak c.12Ainn, cA q5019 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: ‘i o r i g ci s ) 1 5 A'Pe Lca CA 1 D 2 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@1odi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, 1 oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking Iot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 0.'7(6 ,iv\E) --= � f f Q5 May 15, 2018 Mayor Alan Nakanishi Lodi City Council C/O City Clerk 221 West Pine Street Lodi, CA 95241 cityclerk@lodi.gov Subject: Opposition to 5/16/18 Agenda Item G-03 (76 fuel station site plan) Dear Mayor Nakanishi and members of the Lodi City Council: As a parent of children at Lodi Montessori School, I oppose the request to approve a gas station and convenience store at 141 E. Harney Lane which would allow gas station traffic to share access onto S. Stockton Street with the Lodi Montessori School. Please consider the safety and welfare of our children as you consider allowing gas station traffic to cut through the parking lot at the school. If you allow this to happen you will be jeopardizing all of our safety as we move across the parking lot with our young children. In fact you will be creating a situation that could result in serious injury or death to my child. Please consider the other options that do not jeopardize the safety of my child — including requiring the gas station developer to use the separate access that was approved last year. Please do not approve this plan. Sincerely, Name: Address: 01,177144P-°11 Loci G k elc2- CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE 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.Iodi.gov cityclerk ur7,lodi.gov May 10, 2018 Omair Nasim DN Acquisitions, LLC 10940 Trinity Parkway Suite C 274 Stockton, CA 95219 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: APPEAL OF PLANNING COMMISSION DECISION (04/11/18) Regarding Planning Commission 2-2 Vote on Request to Amend Conditions of Approval (141 East Harney Lane, Lodi) This letter is to notify you that a public hearing will be held at the City Council meeting of Wednesday, May 16, 2018, at 7:00 p.m., or as soon thereafter as the matter can be heard, at Carnegie Forum located at 305 West Pine Street in the City of Lodi. This hearing is being held to consider your appeal of the April 11, 2018, Planning Commission indecision regarding your request to amend conditions of approval for 141 E. Harney Lane. Enclosed is a copy of the May 16, 2018, City Council agenda and staff report related to Public Hearing Item G-3. If you challenge the proposed action 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 Council at, or prior to, the public hearing. NOTE: Written correspondence for the City Council may be mailed in c/o the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. Should you have any questions, please contact me at (209) 333-6702 or Community Development Department at (209) 333-6711. Sincerely, /1 •Jer4nifer M. farraiolo, MMC City Clerk JMF Enclosures cc: Community Development DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 17, 2018, in the City of Lodi, San Joaquin County, California, a Notice of Continued Public Hearing to consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project indecision (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 May 17, 2018, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTCDD.DOC DECLARATION OF MAILING CONTINUED PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 17, 2018, 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 Continued Public Hearing to consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project indecision, attached hereto marked Exhibit A. The mailing list for said matter is attached hereto marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 17, 2018, at Lodi, California. rltiv_'A At_ jor PAMELA M. FARRIS ELIZABETH BURGOS ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI DEPUTY CITY CLERK Forms/decmail.doc ADMINISTRATIVE CLERK CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: June 20, 2018 Time: 7:00 p.m. J For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 V Lr i, NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 20, 2018, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a continued public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project denial. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: r�-nnifer M �; erraiolo City Clerk Dated: May 16, 2018 Approved as to form: nice DIlagdich rney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERKIPUBHEARINOTICESINOTCDD.DOC 5/17/18 LEXHlBT B_ DIANE KINDERMANN ABBOTT & KINDERMANN, INC. 2100 21ST STREET SACRAMENTO CA 95818 BRETT JOLLEY SHORE, MCKINLEY, CONGER & JOLLEY, LLP 3031 W MARCH LANE STE 230 STOCKTON CA 95219 06-20-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. HARNEY LN. PARCEL OWNER ATTN ADDRESS CITY STATE ZIP 6258001 CASTELLON, MICHELL RAE TR 210 MULLEN WAY LODI CA 95240 6258002 THOMAS, JANE ERIN TR 1128 JUNEWOOD DR LODI CA 95242 6258003 KARSTING, RICHARD V & BARBARA 2310 MORAN CT AUBURN CA 95603 6258004 IBARRA, ISIDRO E & CONNIE A 228 MULLEN WAY LODI CA 95240 6258007 FLEMMER, LOWELL BRUCE & VIOLET 2031 BERN WAY LODI CA 95242 6258008 SANDERS, AARON 2553 KIRSTEN CT LODI CA 95240 6258009 CRYSTAL ENTERPRISES L P PO BOX 1259 WOODBRIDGE CA 95258 6258010 VALENZUELA, RAUL JR & CHRISTIN 2565 KIRSTEN CT LODI CA 95240 6258039 CRYSTAL ENTERPRISES LP PO BOX 1259 WOODBRIDGE CA 95258 5813002 VARNER, SEAN & SUMMER 2601 S STOCKTON ST LODI CA 95240 5813003 IBARRA, RAMON L & SOCORRO P TR 249 ARGOS WAY LODI CA 95240 6241035 DN ACQUISITIONS LLC 10940 TRINITY PKWY STE C 274 STOCKTON CA 95219 6258040 DHARNI LADA LLC 255 E HARNEY LN LODI CA 95240 6241018 JACKSON, GREGORY L TR PO BOX 794 LODI CA 95241 6241017 ATHANASI0U, GEORGE J TR 18445 RODEO DR LODI CA 95240 6241025 VALLEY IRON WORKS INC JOSEPH M COUBAL 2205 ROARING CAMP DR GOLD RIVER CA 95670 6241024 BURKE, LEO P III & LANISE J TR EDWARD T BURKE 2491 MAGGIO CIR LODI CA 95240 6241019 BURKE, LEO P I TR & LANISE J T BRIAN J HIJOS TR 458 E VALLEY OAK PL STOCKTON CA 95219 5813025 TSUTSUMI, DIANE Y GARY T TSUTSUMI 3725 E ARMSTRONG RD LODI CA 95240 6241034 ERGONIS LAND CO LP 19991 FAIRWAY CT WOODBRIDGE CA 95258 5866015 LODI CITY OF PO BO=X 3006 LODI CA 95241 5813026 LODI CITY OF 221 W PINE ST LODI CA 95240 06-20-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. HARNEY LN. Maggio Cir. a/1 o, A A 2 a Hi A 211.1 81 A arenf.dtP } $ R A Culbertson Dr. 't.7241, R k A MI 'OM1 Z A E $ 11m Wy. rix Mre.Cl ]0HT .04 L._. ... . a . :brood Or. 1717 C » ■ «%Y7 1e `I n s. 5�E 4 } '° 1 rA.II Home/ Nt. xno ZO1 Rocky Ln m' any CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE Omair Nasim DN Acquisitions, LLC 141 E. Harney Lane Lodi, CA 95240 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.lodi.00v citvclerk(r lodi.gov April 26, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: APPEAL OF PLANNING COMMISSION DECISION (04/11/18) Regarding Planning Commission 2-2 Vote on Request to Amend Conditions of Approval (141 East Harney Lane, Lodi) This is to notify you that at the City Council meeting of May 2, 2018, 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 public hearing pertaining to the above matter. Enclosed is a copy of the May 2, 2018, City Council agenda and staff report related to Consent Calendar Item C-15 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; otherwise, testimony regarding the matter will be received at the public hearing. Should you have any questions, please contact me at (209) 333-6702 or Community Development at (209) 333-6711. Sincerely, JMF Enclosures cc: Community Development Department nnifer M. ity Clerk -r(-\,��.caPa erraiolo, MMC SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO CONSIDER APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL PUBLISH DATE: SATURDAY, MAY 5, 2018 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 3, 2018 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 LNS Emailed to the Sentinel at classified1@lodinews.com at `?'*, ki,e) on ate) (pages) Phoned to confirm receipt of all pages at (time) _EB P F (initials) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 3, 2018, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project indecision (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 May 3, 2018, at Lodi, California. ((7) ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTCDD.DOC DECLARATION OF MAILING PUBLIC HEARING TO CONSIDER THE APPEAL OF OMAIR NASIM / DN ACQUISITIONS, LLC, FOR RECONSIDERATION OF THE PLANNING COMMISSION PROJECT DENIAL On Thursday, May 3, 2018, 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 Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project indecision, attached hereto marked Exhibit A. The mailing list for said matter is attached hereto marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 3, 2018, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK Forms/decmail.doc CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: May 16, 2018 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 J 14,1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, May 16, 2018, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Consider the appeal of Omair Nasim / DN Acquisitions, LLC, for reconsideration of the Planning Commission project denial. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: Jer M. F C r Clerk iolo Dated: May 2, 2018 Aoved as to form: 'Janice D. Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERK\PUBHEAR\NOTICES\NOTCDD.DOC 5/1/18 PARCEL 6258001 6258002 6258003 6258004 6258007 6258008 6258009 6258010 6258039 5813002 5813003 6241035 6258040 6241018 6241017 6241025 6241024 6241019 5813025 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. HARNEY EXHIBIT OWNER CASTELLON, MICHELL RAE TR THOMAS, JANE ERIN TR KARSTING, RICHARD V & BARBARA IBARRA, ISIDRO E & CONNIE A FLEMMER, LOWELL BRUCE & VIOLET SANDERS, AARON CRYSTAL ENTERPRISES LP VALENZUELA, RAUL JR & CHRISTIN CRYSTAL ENTERPRISES LP VARNER, SEAN & SUMMER IBARRA, RAMON L & SOCORRO P TR DN ACQUISITIONS LLC DHARNI LADA LLC JACKSON, GREGORY L TR ATHANASI O U, GEORGE J TR VALLEY IRON WORKS INC BURKE, LEO P III & LANISE J TR BURKE, LEO P 1 TR & LANISE J T TSUTSUMI, DIANE Y ATTN JOSEPH M COUBAL EDWARD T BURKE BRIAN J HIJOS TR GARY T TSUTSUMI ADDRESS 210 MULLEN WAY 1128 JUNEWOOD DR 2310 MORAN CT 228 MULLEN WAY 2031 BERN WAY 2553 KIRSTEN CT PO BOX 1259 2565 KIRSTEN CT PO BOX 1259 2601 S STOCKTON ST 249 ARGOS WAY 10940 TRINITY PKWY STE C 274 255 E HARNEY LN PO BOX 794 18445 RODEO DR 22Q5 ROARING CAMP DR 2491 MAGGIO CIR 458 E VALLEY OAK PL 3725 E ARMSTRONG RD CITY LODI LODI AUBURN LODI LODI LODI WOODBRIDGE LODI WOODBRIDGE LODI LODI STOCKTON LODI LODI LODI GOLD RIVER LODI STOCKTON LODI STATE CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA ZIP 95240 95242 95603 95240 95242 95240 95258 95240 95258 95240 95240 95219 95240 95241 95240 95670 95240 95219 95240 6241034 5866015 ERGONIS LAND CO LP LODI CITY OF 19991 FAIRWAY CT PO BOX 3006 WOODBRIDGE LODI CA CA 95258 95241 5813026 LODI CITY OF 221 W PINE ST LODI 95240 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. HARNEY LN. 2427 2443 M1� A Maggio Clr. 2422 2,501 xize i 211 83 %u11en Wy. A 'Jamey Ln. 2601 SI 2621 203.9 2707 2719 2737 HWO 2690 2547 2563 2559 2565 s k� iA 8[6I1,0J1 S` 2510 2516 Culbertson Dr. R n 4 2520 2522 d 'VV 7i - M 2521 2528 210 2532 2511 1�4 2540 .0 ltl !V p m 2548 011186506 0, 2552 C m 2558 2504 2564 f 0111 2651 264[ 2681 2671 Rocky Ln 2001 2531 2851 Reynolds Ranch Parkway 2503 2622 2540