HomeMy WebLinkAboutResolutions - No. 2023-247RESOLUTION NO. 2023-247
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE GENERAL
PLAN LAND USE MAP OF ASSESSOR PARCEL NUMBER 062-410-35 FROM
INDUSTRIAL TO GENERAL COMMERCIAL, LOCATED AT
141 EAST HARNEY LANE (PL2023-024)
WHEREAS, the Planning Commission of the City of Lodi held a duly noticed public
hearing on October 25, 2023, as required by law, on the requested determination, in
accordance with the California Government Code Section 65402(a); and
WHEREAS, on October 25, 2023, the Planning Commission recommended the
City Council approve the General Plan Amendment; and
WHEREAS, the project site is located 141 East Harney Lane, Lodi, CA, 95240
(APN: 062-410-35) ("Site"); and
WHEREAS, the project applicant is DN Acquisitions, LLC, 10940 Trinity Parkway,
Suite C-274, Stockton, CA, 95219 ("Applicant"); and
WHEREAS, the project property owner is the Applicant; and
WHEREAS, based on review of the entire record herein, including the accompanying
staff report, all supporting, referenced, and incorporated documents, and all comments
received, the Planning Commission recommended the City Council make the following findings,
pursuant to Lodi Municipal Code ("LMC') Section 17.72.70(A):
The proposed amendment is internally consistent with the General Plan. The
amendment is consistent with General Plan policy LU -G1 "Create a balanced and
sustainable land use pattern that provides for a diversity of uses and satisfies
existing and future needs" while not conflicting with any other policy. The proposed
amendment will allow a wider range of commercial uses on the Site that can serve
nearby residential neighborhoods.
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience or welfare of the city. The proposed amendment will allow more
commercial uses while prohibiting industrial uses that have greater potential to
impact nearby properties.
3. The Site is physically suitable for existing and future uses on the Site under the
proposed amendment. All necessary on- and off-site roadways, water, wastewater,
and storm drainage infrastructure and utilities are present, or will be installed by the
developer. The existing development meets all applicable City standards and there
would be no conflict with adjacent land uses due to proper site planning and design.
4. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA), and the Lodi Environmental Review
Guidelines. According to CEQA Guidelines (14 CCR § 15061), this activity is covered
by the "Common Sense" exemption that CEQA applies only to projects which have
the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA." [CEQA
15061(b)(3)] Thus, further environmental review of the Project is not required.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby concur
with the recommendation of the Planning Commission and approves a General Plan
Amendment to modify the Land Use Map of Assessor Parcel Number 062-410-35, located at
141 East Harney Lane, from Industrial to General Commercial.
Dated: November 1, 2023
I hereby certify that Resolution No. 2023-247 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 1, 2023, by the following vote:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES. COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-247