Loading...
HomeMy WebLinkAboutAgenda Report - July 18, 2018 G-01 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM TM AGENDA TITLE: Continued Public Hearing to Consider the Appeal of Omair Nasim / DN Acquisitions, LLC for Reconsideration of the Planning Commission Project Denial MEETING DATE: July 18, 2018 PREPARED BY: Community Development Director RECOMMENDED ACTION: Continued Public Hearing to Consider the Appeal of Omair Nasim / DN Acquisitions, LLC for Reconsideration of the Planning Commission Project Denial. BACKGROUND INFORMATION: On May 16, 2018, the City Council held a public hearing to consider the appeal request of Omair Nasim / DN Acquisitions, LLC's 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 and accessory retail uses are allowed by right in the Industrial zone, subject to design review approval. During the public hearing, discussion areas included approved land use, land use compatibility, the shared driveway access, and safety issues created by the project design. The Council directed the applicant, adjacent property owner and staff to work together to develop a site plan that could reduce safety concerns and try to create a separation between properties. Since that time, there have been several meetings involving all the parties along with an on-site review of potential improvements. The modified site plan included as Attachment 1 is based upon negotiations between the applicant, representatives of the Montessori School and City staff. This site plan creates two separated driveways and a landscape separation of the gas station property and Montessori School property. Based upon the negotiations between all the parties, staff has prepared a draft resolution for approval for the Council's consideration. APPROVED: Step chwab , ity Manager 141 Harney Ln Appeal Page 2 of 2 FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable Stephen Schwabauk Community Development Director Attachments: 1) Modified Site Plan 2) City Council — May 16, 2018 Staff Report 3) Planning Commission Staff Report 4) City Council Resolution for Approval 10' PRIVATE WATER EASEMENT PER (1) UTILITY PO KEYNOTES EXISTING BUILDING ELEC. TRANSFORMER w 0 HANDICAP STALL MO IOW, REF CIVIL SHEETS. 0 ROPER, UNE. REF CIVIL SHEETS. E MONUMENT SIGNAGE, UNDER SEPARATE PERMIT E PARKING; REF CIVIL SHEETS . E FUEL VENTS; REF CIVIL SHEErsFOR LOCATOR, ▪ AIRIVAO REF CML SHEETS FOR LOCATION. E ACCESSIBLE PEDESTRIAN PUBLIC RIGHT OF WAY SITE ACCESS. REF CIVIL SHEETS, ▪ ACCESSIBLE IEPAENTRANA OR DISABLED ACCESSIBLEPARKNGSTALLANDPUBLIC Yro E ELECTRICAL VAULT; REF ELECTRICAL SHEETS © MAIN ENTRY ooOR. E EXIT DOOR. ECO2ERECO2 SUPPLY LINES PENETRATE THE BUILDING LABEL EANCHOR PER MANUFACTURER SPECS BY GC REF REMO%OROPARnvENDOR) El ICE MERCHANDISER ORO PARTY VENDOR) c c IMPROVEMENTS TO ADJACENT SITE UNDER SEPARATE PERMIT 1- w w 1- T7 Z O U "RIGHT TURN 0 LY" SIG UTILIT POLE 17' PG&E EASEMENT PER INST. N0. 88063551 O.R.S.J.C. 141'-7" 0ARCHITECTURAL SITE PLAN nB=10 (E) UNDER GROUND ELEC. VAULT EAST HARNEY (19 33.. NORTH PAR DESIGN ArsInII.cIural So I clop Group ROCKLIN, Ca 950,/ a PI0IDNP17002.2 ARCHITECTURAL SITE PLAN A1.3 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 TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM 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 and accessory retail uses are allowed by right in the Industrial zone, subject to design 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 to modify the previously approved site plan and conditions. 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 tie vote resulting in a denial of the APPROVED: Stephen Schwabauer, City Manager 141 Harney Lane Appeal Page 2 of 2 applicant's request. The staff report presented to the Planning Commission is included as Attachment 3. 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 architecture and site review for a proposed gas station use, and more particularly an appeal to overturn the denial of the applicant's request to modify the site plan and conditions 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. 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: Not applicable. 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 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 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.} 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 RESOLUTION 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: 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 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 1 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 Toad calculations for each area of the building based on square footage and the applicable occupant Toad 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, 11B-404, 11B -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 11B-405 or 11B- 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 11B-247.1 & 11B-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 11B-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 11B-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 11B-502.3.4, 11B- 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, 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. 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. 6 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 2018-139 ity Clerk FERRAIOLO 7 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." I G1 `_ "yip— I ..: : m LOIS E Borchardt Elementary Schaal a-+ + . d �� ::Fir. pr_ Orr r :1, •.4 Filart • 77irk • _ ,,..I .4 4 I r .. `* fiHarneyL ey-Ln r -k HaM2y'Ln ci.wm Wow s Em widery 44geks. aggro _ ABwintC it=+ 3a r '±11n1Yip',.- . i LcdiAuip i;,j k' lic IN ' P. tiOrARCO:1Lr E Harney L •Llessa adr M�nr alley l'orTY,,0-1,111 ._rea 0 � %I r11,"j 0" �' w VICINITY MAP =--VICINITY MAP 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 E I 11 . IL I ELEC. Tive+NrD141011,1 1 T I,,W...1=1..EITIS P3 A:: E T SITE UNDER SER.sRA—= 'E, r E FT. E - - 11 1-17 I= F. 1/ LE Lrtai Cabiral — T 1.106m51 141'—r UE. v.kur EE EASEv.ExT EAST HARNEY ir 11—Q El !I I —1=1 MUT. SITE MAP CC CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk�7a.lodi.gov July 26, 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 Denial of Request to Amend Conditions of Approval (141 East Harney Lane, Lodi) The Lodi City Council, at its meeting of July 18, 2018, adopted the enclosed resolution 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. Should you have any questions, please feel free to contact me at (209) 333-6702 and/or Community Development Department at (209) 333-6711. JMF Enclosures cc: Community Development Sincerely, FetAtut.g nnifer F-rraiolo, MMC City Clerk RESOLUTION 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: 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 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 1 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 Toad calculations for each area of the building based on square footage and the applicable occupant Toad 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, 11B-404, 11B -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 11B-405 or 11B- 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 11B-247.1 & 11B-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 11B-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 11B-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 11B-502.3.4, 11B- 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, 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. 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. 6 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 2018-139 ity Clerk FERRAIOLO 7 CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk@Iodi.gov July 12, 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 Denial of 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, July 18, 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 July 18, 2018, City Council agenda and staff report related to Public Hearing Item G-1. 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, JMF Enclosures cc: Community Development nifer Merraiolo, MMC ity Clerk 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, June 21, 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 June 21, 2018, at Lodi, California. .Ln. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK N:kAdministration\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, June 21, 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 June 21, 2018, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI 4-24//ateL (-FAJ-70-4/11;<7 PAMELA M. FARRIS ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK Forms/decmail.doc Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: July 18, 2018 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 i�h NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, July 18, 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: ifer M. F- raiol C . Clerk p,Prev\.6_4-161 Dated: June 20, 2018 Ap. ived as to form: Janice D. agdich City Af orney 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 6/18/18 07-18-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. af-31-11" B PARCEL OWNER ATTN ADDRESS CITY r 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, RAULJR & CHRISTIN 2565 KIRSTEN CT LODI CA 95240 6258039 (CRYSTAL ENTERPRISES SLP. 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 ATHANASIOU, 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 TTSUTSUMI 3725 E ARMSTRONG RD LODI CA 95240 6241034 ERGONIS LAND CO LP 19991 FAIRWAY CT WOODBRIDGE CA 95258 5866015 LODI CITY OF IP0 BOX 3.006 LODI' CA 95241 5813026 LODI CITY OF 221 W PINE ST LODI CA 95240 07-18-18 CC Meeting Continued PH for Appealing the 4-11-18 PC Decision for 141 E. HARNEY LN. 2427 2443 Si 2444 Maggio Cir. laze A R n g A 211 2441 0.501 2021 262! W65 2707 2716 2731 Stockton St TAu22I1 W. 7547 2352 11 2539 12035 Marney Ln. 2030 Y 2510 2610 2522 2529 224 2510 7552 2560 2001 g A g g o g 2621 2011 2061 2511 2691 2671 Rocky Ln Culbertson Dr. g g 2520 2640 � g 2601 2600 2044 2610 DIANE KINDERMANN ABBOTT & KINDERMANN, INC. 2100 21ST STREET SACRAMENTO CA 95818 BRETTJOLLEY SHORE, MCKINLEY, CONGER & JOLLEY, LLP 3031 W MARCH LANE STE 230 STOCKTON CA 95219 MICHAEL TENER 1047 PORT CHELSEA CIR LODI CA 95240 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 w�vvd.1 di gr v cityclerk[a7lodi,gov Omair Nasim DN Acquisitions, LLC 10940 Trinity Parkway Suite C 274 Stockton, CA 95219 RE: June 13, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney APPEAL OF PLANNING COMMISSION DECISION (04/11/18) Regarding Planning Commission Denial of Request to Amend Conditions of Approval (141 East Harney Lane, Lodi) This letter is to notify you that the public hearing scheduled for the City Council meeting of June 20, 2018, is being continued to Wednesday, July 18, 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 to consider your appeal of the April 11, 2018, Planning Commission denial regarding your request to amend conditions of approval for 141 E. Harney Lane. Enclosed is a copy of the June 20, 2018, City Council agenda and staff report related to Public Hearing Item G-2. Should you have any questions, please contact me at (209) 333-6702 or Community Development Department at (209) 333-6711. Sincerely, 1\e\,PYILA �erM.err alolo, 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. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK, CITY OF LODI ■r/ lin' _ i C11. iI .4 PAMELA M. FA` - IS ` ELIZABETH BURGOS DEPUTY CITY CLERK Forms/decmail.doc ADMINISTRATIVE CLERK CITY OF LORI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: June 20, 2018 Time: 7:00 p.m. t For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 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, 2" 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: erraiolo nifer M City Clerk Dated: May 16, 2018 Approved as to form: nice D. agdich its At • rney AVISO: Para obtener ayuda Interpretative con esta noticia, por favor (lame a la oficina de la Secretaria Municipal, a las (2CI9) 333-6702. CLERKIPUEIHEARINOTICE6INOTCOD,DOC 5/17/18 jEX11BT 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 CASTELLON, MICHELL 6258001 RAE TR ATTN ADDRESS CITY STATE ZIP 210 MULLEN WAY LODI THOMAS, JANE ERIN 6258002 TR KARSTING, RICHARD V 6258003 & BARBARA 1128 JUNEWOOD DR 2310 MORAN CT LODI AUBURN CA 95240 CA 95242 IBARRA, ISIDRO E & 6258004 CONNIE A FLEMMER, LOWELL 6258007 BRUCE & VIOLET 6258008 6258009 6258010 6258039 5813002 5813003 SANDERS, AARON CRYSTAL ENTERPRISES LP VALENZUELA, RAULJR & CHRISTIN CRYSTAL ENTERPRISES LP VARNER, SEAN & SUMMER IBARRA, RAMON L & SOCORRO P TR 228 MULLEN WAY 2031 BERN WAY 2553 KIRSTEN CT 95603 95240 95242 95240 PO BOX 1259 WOODBRIDGE 2565 KIRSTEN CT LODI 95258 95240 PO BOX 1259 26015 STOCKTON ST WOODBRIDGE CA 95258 LODI CA 95240 6241035 DN ACQUISITIONS LLC 249 ARGOS WAY 10940 TRINITY PKWY STE C 274 LODI CA 95240 STOCKTON CA 95219 6258040 DHARNI LADA LLC 6241018 6241017 6241025 6241024 6241019 255 E HARNEY LN LODI JACKSON, GREGORY L TR ATHANASI0U, GEORGE J TR VALLEY IRON WORKS INC BURKE, LEO P III & LANISE J TR BURKE, LEO P I TR & LANISE J T CA 95240 PO BOX 794 LODI CA 95241 JOSEPH M COUBAL 18445 RODEO DR LODI 2205 ROARING CAMP DR CA 95240 GOLD RIVER CA 95670 EDWARD T BURKE 2491 MAGGIO CIR 458 E VALLEY OAK BRIAN J HIJOS TR PL 5813025 TSUTSUMI, DIANE Y LODI CA 95240 STOCKTON CA 95219 3725 E GARY T TSUTSUMI ARMSTRONG RD LODI CA 95240 6241034 ERGONIS LAND CO LP 19991 FAIRWAY CT 5866015 LODI CITY OF PO BOX 3006 WOODBRIDGE CA 95258 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. Z444 4141 Maggio Cir. 7001 D6V 21 p a 5.1 A A. R A` L 3.I 21T A F1 ,; 0 27uh an WV. iNn tJ01' doritovuL 2910 251.5 2122 2670 t N A ^ A �r. A 255,10.1.4/1 a" 76ro il 44 A A it A '4 2640 0411•03410t. CS ldlrleon Dr - N 044 W 1 Rooky In 7q1 2000 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.lodLoov cityclerkalodi.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 clo the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk et 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, nifer M. City Clerk JMF Enclosures cc: Community Development Frraiolo, MMC 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.1odi.gov cclerk(c�ladi.gav 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. I-erraiolo, MMC ity Clerk 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 Lodl, 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 $'c'llme) anaie} (pages) Phoned to confirm receipt of all pages at (time) _ES 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. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRISI • ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK NAAdministration\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,doo 1 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 1 V n 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 Hail, 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: -CA& a-(-4 er M. Fe 7i_ iolo C?t Clerk Dated: May 2, 2018 Ap oved as to form: Janice b. Magdich City Attorney AVISO: Para obtener ayuda interpretative con este noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. CLERKIPUBHEAR\NOTICES\NOTCDD,DOC 511/18 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. HARNEY Fd -X H 1 B IT B PARCEL OWNER ATTN CASTELLON, MICHELL 6258001 RAE TR THOMAS, JANE ERIN 6258002 TR 6258003 6258004 6258007 6258008 6258009 6258010 6258039 5813002 KARSTING, RICHARD V & BARBARA IBARRA, ISIDRO E & CONNIE A FLEMMER, LOWELL BRUCE & VIOLET SANDERS, AARON CRYSTAL ENTERPRISES LP VALENZUELA, RAULJR & CHRISTIN CRYSTAL ENTERPRISES LP VARNER, SEAN & SUMMER 5813003 IBARRA, RAMON L & SOCORRO P TR 6241035 6258040 6241018 6241017 DN ACQUISITIONS LLC DHARNI LADA LLC JACKSON, GREGORY L TR ATHANASIOU, GEORGE J TR 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 CITY LODI STATE CA ZIP 95240 LODI AUBURN LODI LODI LODI WOODBRIDGE LODI WOODBRI:DGE LODI LODI 255 E HARNEY LN PO BOX 794 18445 RODEO DR STOCKTON LODI LODI LODI CA CA CA CA CA CA CA CA CA CA CA CA CA CA 95242 95603 95240 95242 95240 95258 95240 95258 95240 95240 95219 95240 95241 95240 6241025 6241024 6241019 VALLEY IRON WORKS INC BURKE, LEO P III & LANISE J TR BURKE, LEO P 1 TR & LANISE J T JOSEPH M COUBAL EDWARD T BURKE BRIAN J HIJOS TR 2205 ROARING CAMP DR 2491 MAGGIO CIR 458 E VALLEY OAK PL GOLD RIVER LODI STOCKTON CA CA CA 95670 95240 95219 5813025 6241034 TSUTSUMI, DIANE Y ERGONIS LAND CO LP 5866015 5813026 LODI CITY OF LODI CITY OF GARY T TSUTSUMI 3725 E ARMSTRONG RD 19991 FAIRWAY CT LODI WOODBRIDGE CA CA 95240 95258 PO BOX 3006 221 W PINE ST LODI LODI CA CA 95241 95240 05-16-18 CC Meeting PH to Appeal the 4-11-18 PC Decision for 141 E. HARNEY LN. 2427 2445 41. R f 211 Maggio Cir. niulNn Wy 41 6 R 1 1 1047 MO I 2052 2210 2510 Namoy Ln. 2021 lop vor 2710 2137 0: 2090 Y 2910 2710 2622 2220 3534 2640 2640 2552 2360 2004 112, 0311 2501 2041 2601 2671 Rooky Ln ANA F N 2001 7631 2001 Culborlaon 0r. R 2020 2520 3527 E 1 014034 0. • • i 7204 0 A 2020 2920 2040