HomeMy WebLinkAboutResolutions - No. 2018-139RESOLUTION NO. 2018-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
APPROVING THE REQUEST OF OMAIR NASIM / DN ACQUISITIONS, LLC,
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 Lodi City Council has heretofore held a duly -noticed public hearing, as
required by law, on the requested appeal from Omair Nasim / DN Acquisitions, LLC, in
accordance with Lodi Municipal Code Chapter 17.74; and
WHEREAS, the Lodi City Council has heretofore held a duly noticed public hearing, as
required by law, on the requested Site Plan and Architectural Review, in accordance with Lodi
Municipal Code Chapter 17.40; and
WHEREAS, the project proponents are Omair Nasim / DN Acquisitions, LLC,
10940 Trinity Parkway Suite C, Stockton, CA, 95219; 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, based upon the facts and analysis presented in the staff report, and public
testimony received and subject to the conditions of approval listed below, the City Council finds
that the establishment, maintenance or operation for the requested use or building applied for,
will not, under the circumstances of this particular case, be detrimental to the health, safety,
morals, comfort, convenience and general welfare of the persons residing or working in the
neighborhood of such proposed use, or be injurious or detrimental to property and
improvements in the neighborhood or to the general welfare of the City; and
WHEREAS, the City Council approves the requested appeal subject to the modified site
plan included in the Council packet and incorporated by reference; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
Based upon the evidence within the staff report and project file the City Council finds:
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 Union 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.
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 five 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.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the City Council of the
City of Lodi that Site Plan and Architectural Review Application No. 2018-12 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 and elevation, including all other elements approved by the
City Council. Any significant alteration to the site plan as approved by the City Council shall
require an action by the City Council. Minor changes, however, may be approved subject to
review and approval of the Community Development Director.
2
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 City Council.
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.
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 City 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:
3
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 116-
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 11 B-
406 as appropriate. Where a walk crosses or adjoins a vehicular way, and the walking
surfaces are not separated by curbs, railings or other elements between the pedestrian areas
and vehicular areas shall be defined by a continuous detectable warning which is 36" wide,
complying with 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
4
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.
19. Lodi Municipal Code Section 15.20.160 requires new buildings or structures, 6,000 square
feet 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; and 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, %" 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.
5
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
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.
19
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. An 8 -foot high masonry wall shall be built along the northern property line from the western
boundary to 20 feet west of the driveway. Efforts shall be made to eliminate mature
landscaping being removed.
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 project shall include no -loitering and no -trespassing signs.
46. The approval of this project is contingent upon the execution of a settlement agreement
between the applicant and the Montessori School.
Dated: July 18, 2018
----------------- -------------------------------------------------------------
I hereby certify that Resolution No. 2018-139 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 18, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — Mounce
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
OVNIFE FERRAIOLO
Clerk
2018-139
7