ITEM 5. 3
CITY MANAGER' S REPORT
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER CONDITIONAL USE PERMIT NO. CUP- 23-
08 AND SITE PLAN REVIEW NO. SPR- 23- 09 FOR THE
ASHLEY FURNITURE PROJECT
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing;
2. Adopt a Resolution to Find the Project Exempt
from Further Environmental Review Pursuant to
Public Resources Code Section 21083. 3 and
California Environmental Quality Act ( CEQA)
Guidelines Section 15183; and
3. Adopt a Resolution to Approve a Conditional Use
Permit and Site Plan Review for the Ashley
Furniture Project to Allow for the Construction of
an Approximately 1. 5 Million Square Foot
Concrete Tilt- Up Building Located within the
Central Lathrop Specific Plan Phase 2 Area.
SUMMARY:
The applicant, Hodgdon Group Realty, Inc., is requesting a Conditional Use Permit and Site Plan Review to allow for the development of a 1, 486, 607 sq. ft. concrete tiltup building on an 89. 82- acre property located at the northwest corner of Dos Reis Road and Manthey Road and within the Central Lathrop Specific Plan Phase 2 area.
The proposed building will include a 24, 000 sq. ft. office, a 110, 260 sq. ft. retail outlet and showroom and a 1, 352, 347 sq. ft. warehouse distribution center.
The project includes related on- and off- site improvements, including but not limited to off- street parking, lighting, landscaping, solid wall and wrought iron fencing, outdoor employee break area, paving, and street improvements ( landscaping, curb, gutter, and sidewalk).
The Planning Commission and staff recommend that City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt a Resolution to find the project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183 and adopt a Resolution to approve the Conditional Use Permit ( CUP- 23- 08) and Site Plan Review SPR- 23- 09) for the Ashley Furniture Project.
CITY MANAGERS REPORT PAGE 2
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO7ECT
SITE DESCRIPTION:
The project site is located at the northwest corner of Dos Reis Road and Manthey Road, north of terminus of Golden Valley Parkway at Dos Reis Road. The property address is 14101 S. Manthey Road and has an Accessor Parcel Number ( APN) of 192- 020- 14). The project site is 89. 82- acres in size and is generally flat and historically been used for agricultural purposes. The site has been planned for urban development and is within the CLSP Phase 2 area. Planned infrastructure extensions will be constructed to the site for public water, sewer and stormwater. The City' s General Plan designates the project site for Light Industrial ( LI) land uses, and will be zoned IL- CL, Limited Industrial. The project site is bounded by agricultural properties to the north, Manthey Road and Interstate 5 ( I- 5) to the east, Dos Reis Road and ranchette properties to the south and agricultural properties to the west.
The table below depicts the surrounding land uses of the project site:
Land Use Zoning District General Plan ( GP)
Desi nation
North
Agricultural Properties, IL- CL, Limited LI- CL, Limited Industrial Cit of Lathro ond Industrial
Vacant Properties and CO/ DS- CL, OC- CL, Office
Ranchette Properties Commercial Office Commercial, and R/ MUSouth Dos Reis Road R/ MU/ DS- CL, CL, Residential Mixed
Residential/ Mixed Use
Use
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Interstate 5 Commercial, R- 1- 5 and LD, Low Density
One Family Residential ( across I- 5
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Family Residential
across I- 5
Hi hwa
West
Agricultural Properties IL- CL, Limited LI- CL, Limited Industrial Industrial
CITY MANAGERS REPORT PAGE 3
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO] ECT
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BACKGROU N D:
The existing Ashley Furniture Outlet and Distribution Warehouse facility is located within the Crossroads Industrial area at 18290 S. Harlan Road ( APN: 198- 130- 39), just north of the Home Depot Distribution Center. The 525, 000 sq. ft. sq. ft. concrete tilt- up building was constructed in 2018 and includes a 50, 000 sq. ft. retail outlet and distribution warehouse.
The Ashley Furniture Outlet and Warehouse serves as an Ashley Homestore and Outlet and distribution center. The facility will serve Northern California and adjacent States with regional offices and a call center. The applicant informed staff that Ashley Furniture' s business operation has outgrown its existing facility on S. Harlan Road, and it is expected that the facility will be unable to accommodate the future operations anticipated for the company. As such, the proposed project will support the expansion needs of the company. Upon completion of the proposed project and relocation of the company to the new site, it is anticipated that subject to market conditions, the S. Harlan Road site will be completely vacated and listed for lease or sale.
CITY MANAGERS REPORT PAGE 4
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO] ECT
The proposed project is located within the Central Lathrop Specific Plan ( CLSP) Phase 2 area. The CLSP was approved by the City Council on November 9, 2004. The project included certification of the Environmental Impact Report ( EIR) ( SCH# 2003072132), for the CLSP, adoption of the Specific Plan document, General Plan Land Use Map amendments, Zoning Map, and text amendments to the Lathrop Municipal Code ( LMC). The CLSP is separated into two ( 2) major phases of development. Phase 1 is generally located south of Dos Reis Road and includes a High School, development of a regional park ( adjacent to the High School), residential and commercial uses. Phase 2 is located north of Dos Reis Road and previously included development of residential and commercial uses, parks, and school sites ( K8).
The Lathrop General Plan Update in 2022 ( adopted by City Council on September 19, 2022) modified the Phase 2 area ( north of Dos Reis Road to the City limit boundary) of the CLSP from Residential and Commercial Land Use Designations to Limited Industrial. As a result of the newly adopted General Plan, the City is also initiating an update to the Lathrop Municipal Code and Zoning Map to bring both into consistency with the General Plan. An Amendment to the CLSP for Phase 2 is being processed by the City concurrently with the proposed Ashley Furniture Project. The Amendment would update the Specific Plan to provide development standards and design guidelines for the development of limited industrial uses to be consistent with the intent of the recently assigned Limited Industrial General Plan Land Use Designation.
As such, all aspects of the proposed project have been reviewed in relationship to the Central Lathrop Specific Plan Phase 2 design criteria illustrated in Chapter 7, Design Guidelines" of the Specific Plan Amendment.
ANALYSIS:
Site Plan Review
As stated above, the proposed project includes the construction of a new 1, 486, 607 sq. ft. concrete tilt- up building on an 89. 82- acre site located at the northwest corner of Dos Reis Road and Manthey Road. The building will include the following uses:
Use S uare Foota e s . ft.
Office 24, 000
Retail Outlet 110, 260
Warehouse Distribution 1, 352, 347
Facilit
Total 1, 486, 607
The building is generally located in the center of the subject parcel with a drive aisle providing access to all sides of the building.
CITY MANAGERS REPORT PAGE 5
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
Off- street parking is provided both for passenger vehicles ( employee parking and customer/ public parking) and for commercial trucks and trailers. Additionally, a customer pick- up area is located at the southeastern portion of the building, north of the Dos Reis automobile driveway. Customers will be guided to the customer pick up area office and directed to the specific pick- up bay.
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Square
parking
Automobile Commercial
Use Footage
Spaces Parking Spaces Truck and
sq. ft.)
Re uired
Provided Trailer Spaces
Office 24, 000 1 per 400 sq. ft.
60 s aces
942 total 1, 104
Retail 110, 260 1 per 600 sq. ft.
Employee stalls ( 12' x 30' = 46)
Outlet 184 s aces
462) 12 , x 40 ) = 261)
Warehouse 1, 352, 347 1 per 2, 000 sq.
Public stalls = ( 12 x 53 = 797)
ft.
480)
Total 920 S aces 942 1, 104
Automobile parking spaces are nine ( 9) by eighteen ( 18) feet in size, meeting the dimension requirements pursuant to Section 17. 76. 030, Standards for off-street and on- street parking facilities. Of the 942 automobile parking spaces provided, twenty 20) are handicap accessible ( including four ( 4) van accessible), 188 are Electric Vehicle ( EV) capable parking spaces, and twelve ( 12) are EV parking spaces pursuant to California building Code ( CBC) requirements.
As noted in the table above, the commercial truck and trailer spaces include a variety of sizes to accommodate single trailers and the commercial truck cab and tailer.
Commercial truck and trailer parking is located primarily on the eastern portion of the Site Plan and along the northern and southern property line.
Architecture
The proposed building is designed as a concrete tilt- up structure with colored wall accents and glass treatments near the outlet/ showroom entrance and employee entrances. The elevation facing S. Manthey Road and Interstate 5 ( I- 5) will convey a high- quality office/ retail appearance while maintaining key functions, including customer pick- up area along the southeast elevation. The appearance is achieved with glazing to indicate an office appearance and clerestory windows along the upper potions of the fa ade. The building also includes accent shading features, variations in parapet height and colors. Collectively, these provide for enhanced visual interest and varied building massing, to create distinctive points of entry for users.
CITY MANAGERS REPORT PAGE 6
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PR07ECT
The following is a portion of the east elevation and a rendering looking at the building from S. Manthey Road.
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The building varies in height from 46 feet to 60 feet. The tallest height of the building is located at the entrance, facing S. Manthey Road ( illustrated above). The distribution warehouse portion of the building is 46 feet to the parapet. The height fluctuates between 43 feet to 46 feet for the majority of the building.
CITY MANAGERS REPORT PAGE 7
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO] ECT
The maximum height allowed under the Limited Industrial Zoning District in the CLSP Phase 2 Amendment is 76 feet.
Floor Plan
As noted above, the proposed building will include a three- story, 24, 000 sq. ft. office, two- story 110, 260 sq. ft. retail outlet and showroom, and a 1, 352, 347 sq. ft. warehouse distribution center. The office is located within the northeastern portion of the building and will include a variety of offices, conference rooms, restrooms, and breakroom for each floor. The retail outlet and showroom will have an open floor plan, similar to the existing Ashley Furniture Outlet on S. Harlan Road. An escalator will provide access to the second floor retail outlet and showroom.
Li htin
Lighting is proposed to be shielded and directed towards the parking and access areas only. As illustrated on the Photometric Plan ( Attachment 6), lighting levels beyond the property line are at 0 candle power. Specific lighting detail, beyond the photometric plan will be refined as part of the Building Permit process.
Landscaping
Landscaping is provided throughout the project area and represents 10. 4% ( 388, 479 sq. ft.) of the entire project area ( excluding stormwater detention basins). Landscape treatment along Dos Reis Road and S. Manthey Road include a variety of large trees, screening trees ( discussed further below), medium trees, shrubs and ground cover.
Shade trees are proposed throughout the parking lot ( public and employee parking areas) and at maturity, 73% of the parking area will be shaded, exceeding the City' s requirement of 50%. The Preliminary Landscape Plan is attached to this Staff Report as Attachment 8.
Fencing and Walls
Proposed fencing and walls for the project are illustrated in the Screen Wall and Fencing Plan ( Attachment 6). The proposed project will include three ( 3) fence types:
wrought iron fencing, steel gate and solid tilt- up screen all. The wrought iron fencing will be utilized within the interior of the project, particularly to secure the employee parking area and along the northern and western property line. A steel sliding gate will be utilized at the access points to the employee parking area and the off- street parking area for trucks/ trailers. A solid tilt- up screen wall will be utilized along a portion of the northern property line ( along the commercial truck driveway) and the southern property line to screen the project from uses to the south.
CITY MANAGERS REPORT PAGE 8
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PR07ECT
The following is a detail of the screen wall and metal gate:
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Screening along Dos Reis Road
The proposed project includes a variety of strategies to screen the building and offstreet parking of commercial vehicles and trailers from Dos Reis Road and adjacent properties to the south. These strategies include the following:
1. Installation of an 8- foot tall solid screen wall at the southern property line.
2. Planting of a mixture of deciduous shade trees and large evergreen trees for purposes of screening. As illustrated in the Preliminary Landscape Plan Attachment 8), Deodar Cedar trees will be planted along Dos Reis Road at a maximum spacing of 40 feet. Deodar Cedar trees are a type of evergreen tree that keep its foliage year- round.
Chinese Flame Trees will also be planted along Dos Reis Road to assist in screening. The trees and landscaping will be installed between the 8 foot sidewalk and the 8' wall along Dos Reis Road.
3. Providing an additional landscape buffer along Dos Reis Road. As illustrated in the cross- section of Dos Reis Road below, the project includes an additional 43 foot on- site landscape buffer adjacent to the public right- of- way. In addition to the landscape buffer north of Dos Reis Road within the public rightof- way, there is a total of 73 feet between the roadway and the off- street parking of commercial trucks/ trailers.
CITY MANAGERS REPORT PAGE 9
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
PROP
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4. The building is setback 279 feet from the property line, which assists in limiting the sight line from Dos Reis Road. As illustrated in the Sight Line Exhibit below, the building is screened from view from the northern sidewalk along Dos Reis Road.
The applicant has prepared renderings of the proposed screening along Dos Reis Road, with mature trees and associated landscaping. The images below illustrate the proposed landscaping and screening strategies along Dos Reis Road. The full set of renderings are attached to this Staff Report as Attachment 9. y,.. w , , p.
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CITY MANAGERS REPORT PAGE 10
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
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Traffic and Circulation
Passenger vehicle access to the project is provided via Dos Reis Road and S. Manthey Road. As noted above, the proposed project includes two ( 2) driveways from passenger vehicles, one ( 1) along Dos Reis Road, east of Golden Valley Parkway and the other along S. Manthey Road. An Emergency Vehicle Access ( EVA) driveway is located on Dos Reis Road, west of Golden Valley Parkway.
A Traffic Impact Analysis ( TIA) was prepared for the proposed project by T) KM Transportation Consultants. The Traffic Impact Analysis analyzed the following scenarios:
Existing Conditions - Intersection Level of Service
Existing Conditions - Freeway Mainline Level of Service Baseline Conditions - Intersection Level of Service
Baseline Conditions - Freeway Mainline Level of Service Baseline plus Project Conditions - Intersection Level of Service Baseline plus Project Conditions - Freeway Mainline Level of Service Cumulative Conditions - Intersection level of Service
Cumulative plus Project Conditions - Intersection Level of Service In addition to the Level of Service scenarios analyzed above, the Traffic Impact Analysis included a Vehicle Miles Traveled ( VMT) Analysis, consistent with California Environmental Quality Act ( CEQA) Guidelines and Senate Bill 743.
CITY MANAGERS REPORT PAGE 11
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
Trip Generation
To determine the amount of peak hour and daily trips generated by the project, TJKM conducted a 24- hour count at the existing Ashley Furniture facility located on S.
Harlan Road. The approximate square footage of the existing Ashley Furniture facility is 525, 000 sq. ft. and with this information and data collected from the 24- hour count, TJKM developed trip rates for the proposed project for passenger vehicles and heavy trucks. The following tables illustrate the trip generation for the proposed project.
Table 13: Project Trip Generation for Passenger Vehicles Daily A. M. Peak P.M. Peak
Size
Rate Trips Rcie tn: 0ut / n Out Tofa! Rate In: Out ln Out Totat Proposed Uses
Ashley
1, 500 ksf 1. 87 2, 798 0. 135 61: 39 124 79 203 0. 170 43: 57 110 145 255 Furniture
Net Trips 2, T98 124 79 203 f 10 145 255
Table 14: Project Trip Generation for Heavy Trucks
Baity A. M. Peak P.M. Peak
Land Use Size
Rote Trips Rate In:Out In Out Total Rate In: Out tn Out Totat Proposed Uses
Ashley
1, 500 ksf 0. 453 680 0.063 15: 85 14 81 95 4.030 69: 31 31 T4 45 Fumiture
Net Trips 680 14 8T 95 37 I4 45
As shown in the table above, the proposed project is projected to generate 2, 798 daily passenger vehicles, 203 a. m. peak hour passenger vehicles, and 255 p. m. peak hour passenger vehicles. For heavy trucks, the proposed project is projected to generate 680 daily heavy trucks, 95 a. m. peak hour trucks, and 45 p. m. peak hour trucks.
Trip Distribution
Pursuant to General Plan Implementation Action Lu- 5. f and the Central Lathrop Specific Plan Amendment for Phase 2, truck traffic within the Limited Industrial area of the Specific Plan shall be limited to De Lima Road, and any future roadways north of Dos Reis Road, to connect to Manthey Road, Roth Road, and Interstate 5.
Additionally, truck dependent development projects shall be prohibited from providing driveway access points off of Dos Reis Road, west of Golden Valley Parkway, other than Emergency Vehicle Access ( EVA) ( Implementation Action LU- 5. f (b)( iii).
The proposed project includes one ( 1) driveway dedicated to commercial trucks and is located on S. Manthey Road, within the northeastern portion of the project.
CITY MANAGERS REPORT PAGE 12
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO] ECT
Signage is proposed that will direct traffic north on S. Manthey Road and prohibit trucks from turning right on to S. Manthey Road toward Dos Reis Road and Golden Valley Parkway.
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Traffic Impact Anal sis Results
The intersection level of service analysis for Baseline plus Project Conditions results in three ( 3) intersections operating at unacceptable service levels during the a. m. and p. m. peak hour. It is important to note that the following intersection already operates at unacceptable level of service without the addition of project traffic:
Lathrop Road/ I- 5 Northbound Ramps degrades to LOS F in the p. m. peak hour, with an increase in average delay of 19. 1 seconds.
The following two ( 2) intersections would degrade from acceptable to unacceptable level of service with the addition of project traffic:
Lathrop Road- Spartan Way/ I- 5 Southbound Ramps would degrade from LOS D to LOS E in the a. m. and p. m. peak hour, a substantial degradation.
CITY MANAGERS REPORT PAGE 13
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
Spartan Way/ Golden Valley Parkway intersection would degrade from LOS C to LOS E in the a. m. peak hour and LOS D to LOS F in the p. m. peak hour, a substantial degradation.
To improve the traffic flow for the three ( 3) above noted intersections, the Traffic Impact Analysis recommends the following improvements:
A separate right- turn lane added to the Lathrop Road/ I- 5 Northbound off- ramp as well as signal timing to improve the intersection operation to LOS C in the a. m. and p. m. peak hours. The new lane should provide at least 400 ft. of vehicle storage.
For the Lathrop Road/ I- 5 Southbound off-ramp, adjusting the signal timing of the existing traffic lights will improve the intersection operate to LOS D in the a. m. and p. m. peak hour. Widening is not necessary for the Baseline plus Project Conditions at the southbound off- ramp.
For Spartan Way/ Golden Valley parkway, the TIA recommends making adjustments to the lane geometry ( number of turn lanes, through lanes, and right- turn lanes) to improve the efficiency of the intersection.
These improvements have been incorporated into the proposed project' s Conditions of Approval. The TIA is attached to this Staff Report as Attachment 10.
Utilities
Potable water will be supplied to the proposed project by the City of Lathrop via connection to an existing 12" water line in Golden Valley Parkway, south of Dos Reis Road. The CLSP Phase 2 Amendment states that water supply to the plan area will be provided from the City' s existing groundwater wells and potable surface water from the South County Surface Water Supply Program ( SCSWSP) by the South San Joaquin Irrigation District ( SSJID).
Wastewater generated by the project will be treated by the City' s Consolidated Treatment Facility ( CTF) along Christopher Way, southeast of the project site. The project will connect to an existing 24" sanitary sewer line in Golden Valley parkway, south of Dos Reis Road. As part of the project' s Conditions of Approval, the applicant is required to secure sufficient sewer treatment capacity, including treatment at the City' s CTF.
Per the CLSP Phase 2 Amendment, stormwater runoff from the plan area is designed to discharge into the San Joaquin River through an existing outfall located near the southwest corner of the CLSP Phase 2 Amendment Plan Area at the end of Dos Reis Road and the existing outfall within the Phase 1 area.
CITY MANAGERS REPORT PAGE 14
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
The CLSP Phase 2 Amendment Plan Area consists of two ( 2) major drainage sheds with underground storage pipes to reduce the peak discharge from the plan area to the San Joaquin River. The project site is located within Watershed 4, which includes both CLSP Phase 1 and the CLSP Phase 2 Amendment areas. The proposed project will connect to the existing 54" Stormdrain line in Golden Valley Parkway, south of Dos Reis Road. Stormwater will be treated on- site with Best Management Practices BMPs) through a series of bio- detention basins prior to entering the City system.
The Civil Plans are attached to this Staff Report as Attachment 7.
Zoning Consistencx
The project site will be located within the IL- CL, Limited Industrial Zoning District in which a Zoning Map and Municipal Code Amendment is also being processed by the City for consistency with the recently adopted General Plan. Chapter 17. 62, Article 6, and Article 12 will provide guidance and development requirements for projects located within this District. Section 17. 62. 061 of the Zoning Ordinance will be amended as part of the General Plan consistency effort to state the following: " the IL- CL district is intended to provide opportunities for certain types of limited industrial uses; provide adequate space to meet the needs of modern industrial development, including off- street parking and truck loading areas; and to provide industrial employment opportunities for residents of the city and region." Principal uses include but are not limited to assembly of small electrical equipment and appliances, various manufacturing uses, lumber yards, public utility and public service structures, public buildings and grounds, business parks and incubator spaces, research development industry and business support services and warehouse and distribution facilities.
The proposed project is considered a principal use.
Table 17. 62. 120( B), Central Lathrop Specific Plan: Industrial Development Standards provides the development standards required of the IL- CL District, and the table below depicts the conformance determination between the Zoning Ordinance and the proposed project.
CITY MANAGERS REPORT PAGE 15
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
Develo ment Standard IL-CL Zone District Pro osed Pro' ect Lot Dimensions
Lot Size ( Minimum) No Minimum or Maximum 89. 82- acres Re uirement
Setbacks Minimum
Front/ Rear/ Side 15 feet / 0 feet / 0 feet Front: Approximately 418- feet from S. Manthey
Road
Side: Approximately 279-
feet from Dos Reis Road
and 220- feet from then
northern property line.
Rear: Approximately 704-
feet from the rear
ro ert line.
Maximum Buildin Hei ht Sevent - six 76 feet 60- feet
Off- Street Parking Office - 1 per 400 square 942 total feet = 60 spaces Employee stalls = 462)
Retail - 1 per 600 square Public stalls = 480)
feet = 184 spaces
Warehouse - 1 per 2, 000 1, 104 truck and trailer
square feet = 676 spaces spaces ( 12' x 30', 40',
Total re uired: 920 and 53'
Landscaping 10% of Site shall be 10. 4% ( 388, 618 square landsca ed feet of landsca in
Hours of Operation No Specific Limit Retail - 9: 00 am to 9: OOpm
Office - TBD
Distribution - TBD
Based on Staff' s review, the proposed project is consistent with the requirements of the IL- CL Zoning District.
Design Guidelines
The Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment includes a variety of principles and standards related to land use, site design, and architecture. Staff has reviewed the proposed project Site Plan, Building Elevations, Landscape Plans, and Architecture ( Attachments 6 through 8) and has determined that overall compliance with the Design Guidelines listed in the CLSP Phase 2 Amendment has been achieved.
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Where applicable, Conditions of Approval have been incorporated to the proposed project to address the following improvements: perimeter wall treatment, on- site lighting, screening of exterior building equipment ( e. g., mechanical equipment, A/ C, etc.), screening of commercial truck and trailer storage, and landscape buffer requirements and treatment.
General Plan
The project site has a General Plan Land Use Designation of LI, Limited Industrial.
The intent of the IL land use designation is to, accommodate a wide range of jobsgenerating uses, including business parks; clean light industrial; research and development ( R& D); science, technology, engineering, and math ( STEM); tech/ biotech manufacturing; high- tech services that incorporate some combination of assembly, warehousing, and/ or sales, hospitals and other health care- related uses, warehouses and distribution centers."
The Ashley Furniture Project has been reviewed by Staff for consistency with the General Plan and finds that the proposed project is consistent with the following General Plan Policies and Implementation Actions ( consistency statements are in italics):
LU- 5. 1 Require new development to be compatible and complementary to existing development. Where appropriate and feasible, promote connections between neighborhoods and services and facilities.
As noted above, the subject property has a General Plan Land Use Designation of LI, Limited Industrial and will be located within the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment area IL, Limited Industrial Zoning District. The proposed project would improve and extend Golden Valley Parkway and construct a roundabout at the intersection of Dos Reis Road and Golden Valley Parkway which would provide connection to the CLSP Phase 1 area for passenger vehicles. The proposed use is compatible with the IL, Limited Industrial Zoning District and the CLSP Phase 2 Amendment.
LU- 5. 4 In industrial areas located within 1, 000 feet of existing or planned sensitive receptors, promote industrial uses that are environmentally sustainable with limited potential to create nuisances such as noise and odors.
An Environmental Noise Assessment, prepared by Saxelby Acoustics and a Health Risk Assessment ( HRA), prepared by De Novo Planning Group were prepared to analyze the noise and health risks impacts associated with the proposed project, respectively.
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As noted in the Environmental Noise Assessment, the City' s General Plan limits stationary noise increases to 3 dBA, or the City' s noise standards (daytime ( 7: 00 am to 10: 00 pm) maximum of 55 d8A and nighttime ( 10: 00 pm to 7: 00 am) maximum of 45 d8A). The average ambient noise level during nighttime hours at the closest sensitive receptors to the southwest is 54 d8A Leq. At the sensitive receptors to the southwest, a project- generated noise level of 51 dBA Leq would result in a total noise level of 54 d8A Leq, resulting in a 3d8A increase. Therefore, the nighttime noise level standard applicable to the proposed project is 51 d8A LeQ.
The primary noise source associated with operation of the proposed project is truck and automobile circulation and loading docks. Single family residential land uses are located to the north, west, and south of the project, Lathrop High School is located to the west of the project, and Interstate 5 is located directly east of the project.
Saxelby Acoustics conducted noise measurements at the existing Ashley Facility located on 5. Harlan Road. Measurements were conducted in the loading dock area during a weekday peak hour of use. Activities during the peak hour include truck arrival/ departures, truck idling, truck backing, air 6rake release, passenger vehicle trips to and from docks, and operation of forklifts. Loading dock activity was found to generate continuous average noise levels of approximately 57 d8A Leq at the edge of the truck maneuvering lanes, approximately 120 feet from the fa ade of the building at the center of the loading area. Saxelby Acoustics took these measurements and utilized SoundPLAN to predict noise levels for the proposed project.
The proposed project is predicted to generate noise levels up to 45 d8A Leq at the nearest residences to the southwest and 39 dBA LeQ at the residences to the northeast, resulting in a maximum increase of 0. 9 d8A at nearby residences. This complies with the adjusted nighttime noise level standard of 51 d8A Leq and limit of 3 d8A increase. Therefore, the Environmental Noise Assessment did not recommend any additional noise control measures to achieve compliance with the City's noise level standards.
Although not specifically required to achieve noise level standards, the proposed project includes an 8- foot tall solid wall along the southern property line and a portion of the northern property as required by the Lathrop Municipal Code when an industrial use is adjacent to a residential use and for screening purposes along Dos Reis Road.
This will assist in reducing noise exposure from the operation of the Ashley Furniture project. Additionally, the project is required to adhere to California Air Resources Board ( CARB) rules and regulations for use of diesel fueled fleets, including limiting the idling time for heavy trucks to five ( 5) minutes.
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The HRA was prepared to evaluate whether or not the estimated construction and operational toxic air contaminant ( TAC) emissions generated from the proposed project will cause significant impacts to the local air resources in the project area, in particular, sensitive receptors such as residences located in proximity to the project.
The results of the risk analysis indicate that cancer risks vary depending on the exposure scenario ( residential or worker) and on location. Locations nearest the project site have the greatest exposure and the associated risks are considerably lower as distance from the project site increases. None of the exposure levels at any of the nearby sensitive receptors exceed any of the thresholds of significance established by the San Joaquin Valley Air Pollution Control District ( SJVAPCD) for residents or workers. This finding applies to both cancer risks and non- cancer chronic long term exposure to diesel particulate matter ( DPM).
LU- 5. 5 Ensure that industrial development projects, including warehouse, distribution, Iogistics, and fulfillment projects, mitigate adverse impacts including health risks and nuisances) to nearby residential land uses and other existing and planned sensitive receptors.
As noted above, a Health Risk Assessment, prepared by De Novo Planning Group has been prepared as part of the Environmental Checklist. The HRA findings are described above. The HRA concluded that the project would not exceed any of the applicable thresholds of significance related to toxic air contaminants and health risks.
LU- 5a Through the development review process, screen development proposals for land use and transportation network compatibility with existing surrounding or abutting development or neighborhoods.
As noted above, a Traffic Impact Analysis ( TIA) was prepared for the proposed project by TJKM Transportation Consultants to evaluate the impacts of the transportation infrastructure due to the addition of traffic from the proposed project. The report also evaluates project site access and on- site circulation for vehicles, bicycles, and pedestrians. The proposed project includes a dedicated truck driveway located at the northeastern portion of the project site with full access to S. Manthey Road.
This driveway is approximately 488- feet in length and provides double- stacking for trucks entering the site and a single lane exiting the site. As required by the City' s General Plan, trucks are prohibited from utilizing Golden Valley Parkway, Dos Reis Road west of Golden Valley Parkway, Spartan Way, and Lathrop Road. As such, trucks entering and exiting the site will utilize Roth Road and S. Manthey Road.
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LU- 5. b Through the development review process, analyze land use compatibility and require adequate buffers and/ or architectural enhancements to protect sensitive receptors from intrusion of development activities that may cause unwanted nuisances and health risks.
The proposed project includes a landscape buffer and screening along Dos Reis Road.
The buffer includes a 43 feet of on- site landscaping in addition to the 30 feet of landscaping within the public right- of-way adjacent to Dos Reis Road. Landscaping will include a mixture of deciduous shade trees and large evergreen trees for the purpose of screening.
LU- 5. c When industrial projects, including warehouse projects, fulfillment centers, and other projects that may generate high volumes of truck trips and/ or air quality emissions are proposed within 1, 000 feet of existing or planned residential sues or other sensitive receptors, the City shall require the preparation of a Health Risk Assessment ( HRA) that meets the standards established by the OfFice of Environmental Hazard Assessment ( OEHHA), and the San Joaquin Valley Air Pollution Control District ( SJVAPCD). Projects shall not be approved until it can be demonstrated that the project would not result in an exceedance of the established threshold of significance for public health risks at nearby sensitive receptors.
As noted above, an HRA, prepared by De Novo Planning Group, has been prepared as part of the Initial Study Checklist. The HRA was prepared in accordance with the standards established by OEHHA and SJVAPCD. The HRA findings are presented above.
LU- 5. d When industrial projects, including warehouse projects, fulfillment centers, and other projects that may generate high volumes of truck trips and/ or air quality emissions are proposed within 1, 000 feet of existing or planned residential uses or other sensitive receptors, the City shall require the implementation of best management practices ( BMPs) to reduce pollution exposure to sensitive receptors, particularly diesel particulate matter ( DPM). The appropriate BMPs shall be established on a case- by- case basis, and should consider the following tools, methods, and approaches:
Creating physical, structural, and/ or vegetative buffers that adequately prevent or substantially reduce pollutant dispersal between warehouses and any areas where sensitive receptors are CITY MANAGERS REPORT PAGE 20
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likely to be present, such as homes, schools, daycare centers, hospitals, community centers, and parks.
Providing adequate areas for on- site parking, on- site queueing and truck check- in that prevent trucks and other vehicles from parking or idling on public streets.
Placing facility entry and exit points from the public street away from sensitive receptors, e. g., placing these points on the north side of the facility if sensitive receptors are adjacent to the south side of the facility. Exceptions can be made for emergency vehicle access ( EVA) points.
Locating warehouse dock doors and other onsite areas with significant truck traffic and noise away from sensitive receptors.
Screening dock doors and onsite areas with significant truck traffic and noise with physical, structural, and/ or vegetative barriers that adequately prevent or substantially reduce pollutant dispersal from the facility towards sensitive receptors.
Posting signs clearly showing the designated entry and exit points from the public street for trucks and service vehicles.
Posting signs indicating that all parking and maintenance of trucks must be conducted within designated on- site areas and not within the surrounding community or public streets.
The proposed project is consistent with Implementation Action LU- S. d as follows:
As noted above, the proposed project includes the construction of an 8 foot tall solid wall along the majority of the southern property line and a portion of the northern property line. Additionally, the proposed project includes a onsite landscape buffer along Dos Reis Road approximately 43- feet in width and 30 feet of landscaping within the public right- of-way.
Off-street parking is provided for passenger vehicles ( employee parking and customer/ public parking) and for commercial trucks and trailers. As noted above, the amount of off-street parking provided exceeds the minimum required pursuant to the Lathrop Municipal Code.
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The proposed project includes one ( 1) dedicated driveway for trucks, located along S. Manthey Road at the northeastern portion of the project site. The driveway allows stacking of approximately 488- feet with two ( 2) entry lanes and one ( 1) exit lane. Automobile driveways are located along S. Manthey Road ( primary entry/ exit) and Dos Reis Road. An additional Emergency Vehicle Access ( EVA) driveway is located on Dos Reis Road, west of Golden Valley Parkway.
As noted above, the warehouse dock doors are located on the north and south sides of the proposed building.
As noted above, the proposed project includes screening via an 8 foot solid wall and landscaping along the majority of the southern property line.
Additionally, an 8 foot solid wall will be constructed along a portion of the northern property line, screening the truck entranc% xit drive aisle.
The proposed project will be required to place on- site and off-site signage indicating that trucks must adhere to the City' s Truck Route Ordinance.
LU- 5. f Update the Central Lathrop Specific Plan ( CLSP) to accomplish the following objectives:
a. Bring the Specific Plan' s land use map into consistency with the General Plan Land Use Map ( Figure LU- 1)
b. Establish a circulation network that keeps future truck trips as far from existing and planned sensitive receptors as feasible; this includes, but not limited to, the following requirements, which shall be incorporated into the Specific Plan:
i. Trucks shall be prohibited on Dos Reis Road west and east of Golden Valley Parkway, on Golden Valley Parkway south of Dos Reis Road to Lathrop Road, and on Lathrop Road
east of Golden Valley Parkway to Interstate 5 southbound off- ramp.
ii. Future truck dependent development projects shall be prohibited from providing driveway access points off of Dos Reis Road, west of Golden Valley Parkway, other than
emergency vehicle access ( EVA).
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iii. Truck traffic within the Limited Industrial Area of the Central Lathrop Specific Plan shall be limited to De Lima Road, and any future roadways north of Dos Reis Road, to connect to Manthey Road, Roth Road, and Interstate 5.
c. Establish site design standards for new industrial projects; d. Identify financing and cost- recovery methods to fund roadway and infrastructure improvements.
e. Circulation design standards that promote safe transportation routes that limit impacts to developed areas to the south, and connectivity enhancements to provide better connectivity to I- 5. f. Infrastructure improvements to improve roadway operations. g. Opportunities to provide employee- serving amenities onsite, such as parks and plazas, outdoor seating areas, fitness facilities, and daycare centers as a means to reduce vehicle trips, while supporting air quality, public health, and sustainability goals. h. Include provisions that all development projects proposed north of Dos Reis Road and south of De Lima Road be required to obtain a Conditional Use Permit ( CUP), which shall be subject to discretionary review by the City Council.
The proposed project is consistent with the CLSP Phase 2 Amendment design guidelines, policies, and land uses. The City is processing the CLSP Phase 2 Amendment concurrently with the Zoning Consistency Update and the Ashley Furniture Project. The CLSP Phase 2 Amendment has been prepared consistent with the requirements established by this General Plan Action.
Conditional Use Permit
The General Plan and Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment requires all development projects proposed between Dos Reis Road and De Lima Road to obtain a Conditional Use Permit ( CUP) subject to discretionary review by the Planning Commission and the City Council.
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The Planning Commission and City Council must make certain findings when approving a Conditional Use Permit:
1. That there are circumstances or conditions applicable to the land, structure, or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right;
2. That the proposed location of the conditional use is in accordance with the objectives of the zoning code and the purposes of the district in which the site is located;
3. That the proposed use will comply with each of the applicable provisions of this the LMC.
Staff has reviewed each of the findings presented above and suggests that the proposed project location is consistent with the City' s zoning code and is a permitted use within the zoning district in which the site is located.
Site Plan Review
In accordance with Chapter 17. 100, Site Plan Review, of the Lathrop Municipal Code LMC), the Planning Commission must make the following findings when approving a Site Plan:
1. That the site plan complies with all applicable provisions of this chapter;
2. That the site improvements listed ( a. through i.) are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected, and there will not be adverse effect on surrounding property;
3. Proposed lighting is so arranged as to deflect the light away from adjoining properties;
4. Proposed signs will comply with all of the applicable provisions of Section
17. 16. 010 and Chapters 17. 64 through 17. 72, 17. 80 and 17. 84;
5. That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.
Staff has reviewed each of the findings presented above and suggests that the proposed project has been designed so that the use is compatible with the surrounding land uses and will not be detrimental to the health, safety, or general welfare of the City.
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Conditions of A, proval
Planning staff routed the project plans on February 14, 2023 and May 17, 2023 to the Building Division, Public Works Department, Lathrop- Manteca Fire District, Lathrop Police Department for review and to ensure compliance with applicable codes and requirements. Planning staff also routed the project plans on June 1, 2023 to various non- City agencies. The City received comments from the following agencies:
Caltrans
San Joaquin Council of Governments
San Joaquin County Environmental Health Department
San ) oaquin Valley Air Pollution Control District
South San Joaquin Irrigation District
Pacific Gas & Electric
The Caltrans letter stated that the project has the potential to significantly impact the interchange and requested that a Traffic Impact Study be submitted to Caltrans for review and comment prior to project approval.
As noted above, City staff routed the Traffic Impact Analysis, prepared by TJKM to Caltrans on July 12, 2023. The City received a letter from Caltrans on August 9, 2023 with comments on the Traffic Impact Study. The majority of the comments were associated with the technical aspects of the Traffic Impact Study, such utilizing Caltran' s Three County Travel Demand Model, trip count year, and request for an explanation why Lathrop Interchange is not being utilized by trucks. TJKM will continue to work with Caltrans to refine the Traffic Impact Study. As noted above, the applicant will be required to construct a separate right- turn lane to the Lathrop Road/ I- 5 Northbound off- ramp ( 400 ft. of vehicle storage) which will require an Encroachment Permit from Caltrans. The applicant is working with Caltran' s to address their concerns.
SJCOG provided information regarding the project' s participation in the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan ( SJMSCP) and that the project is located within the Airport Influence Zone pursuant to the Airport Land Use Compatibility Plan ( ALUC). Additional review has been completed by SJCOG and the project was found to be compatible with the ALUC.
The San Joaquin County Environmental Health Department provided requirements for geotechnical drilling and process for abandonment and destruction of any wells or septic systems on the property.
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San ) oaquin Valley Air Pollution Control District ( SJVAPCD) provided comments on measures to reduce air quality impacts associated with diesel vehicles and industrial projects, instructions for preparation of a Health Risk Screening/ Assessment and the District' s Rules and Regulations.
The Pacific Gas & Electric ( PGE) letter provided requirements for planting trees and shrubs along S. Manthey Road and underneath existing PG& E overhead pole line and that any planting in this area must comply with PG& E' s guide to Trees and Shrubs for Power Line- Friendly Landscaping.
As a result, staff developed a consolidated list of conditions ( Attachment 3). Staff finds that the proposed project has been properly conditioned to meet the City' s standards and requirements.
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on September 27, 2023. Staff also mailed the public hearing notice to notify property owners located within a 300- foot radius from the project site boundary. In addition, the Public Notice was emailed to the City' s Public Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website.
PLANNING COMMISSION:
On September 13, 2023, the Planning Commission held a public hearing on the proposed Conditional Use Permit ( CUP- 23- 08) and Site Plan Review ( SPR- 23- 09) for the Ashley Furniture Project. The Planning Commission received written correspondence from Lozeau Drury, LLP, representing LIUNA regarding the City' s environmental analysis for the Ashley Warehouse Project prepared under the California Environmental Quality Act ( CEQA) pursuant to Public Resources Code Section 21083. 3 and CEQA Guidelines Section 15183 ( the Environmental Analysis").
The comment letter incorrectly asserts that additional CEQA analysis must be completed for the Ashley Warehouse project, and the City must adopt a statement of overriding considerations.
The City relied on the exemption provisions provided under Public Resources Code Section 21083. 3 and Section 15183 of the CEQA Guidelines. Public Resources Code Section 21083. 3 and corresponding State CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan or general plan policies for which an EIR was certified. The Ashley Warehouse project is consistent with the City of Lathrop General Plan land uses and development intensities designated on the project site.
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As such, the appli ation of CEQA to the approval of development projects, such as the proposed Ashley Project, shall be limited to effects on the environment which are peculiar to the parcel or to the Project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report. ( Pub. Res. Code § 21083. 3.) Further, an effect of a project on the environment is not considered peculiar to the parcel or the project, if uniformly applied development policies or standards have been adopted by the local agency with a finding that they will substantially mitigate that effect when applied to future projects.
State CEQA Guidelines § 15183( f).)
The lead agency must make a finding at a public hearing that any mitigation measures in the prior EIR that apply to the project' s specific effects, and that the lead agency found to be feasible, will be undertaken. ( Pub. Res. Code § 21083. 3( c); State CEQA Guidelines § 15183( e).) The City has done that here, by incorporating relevant policies, actions, standards, and other mitigating requirements as Conditions of Approval for the Ashley Warehouse project. These requirements and standards are specifically identified throughout the Environmental Analysis the City prepared for the Ashley Warehouse project. Such a finding is not required for potentially significant environmental effects that are not considered peculiar to the parcel or the project if uniformly applied development policies or standards were previously adopted by the agency with a
finding that the policies or standards would
substantially mitigate the environmental effect when applied to future projects.
State CEQA Guidelines § 15183( f).) When the agency has failed to make such a finding previously, it can do so when it approves the later project.
Often, such certified prior EIRs are Program EIRs and, in fact, the factual questions as to whether project impacts fall within the scope of the prior EIR are very similar.
As to reliance on a Program EIR, later activities are examined to determine whether an additional environmental document must be prepared. ( State CEQA Guidelines § 15168( c).) As the commenter notes, if a later activity would result in environmental effects that were not examined in the Program EIR, the agency must prepare an initial study to determine whether an EIR or negative declaration is required to address those effects. ( Id.) However, as is the case here, if a later activity would not have any effects that were not examined in the Program EIR ( including any new or more severe impacts), the agency can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document would be required. ( Id.)
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Factors that an agency may consider in determining whether a later activity is within the scope of a Program EIR include " consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the program EIR." ( State CEQA Guidelines § 15168( c).) An agency must incorporate feasible mitigation measures and alternatives developed in the Program EIR into later activities in the program. ( Id.) ' Where the later activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the program EIR." ( Id.) The City' s Environmental Analysis complies with both Section 15183 and Section 15168 of the State CEQA Guidelines. The commenter claims that an EIR is required for the Project. While the applicability of the exemption provided by State CEQA Guidelines 15183 does not turn on whether the City completes some form of preliminary review, here the City did use an environmental checklist which identifies whether or not each CEQA Appendix G environmental checklist question, and its corresponding impacts, were adequately addressed in the Lathrop General Plan EIR, if there is a significant impact due to new information, or if the Project would result in a significant impact peculiar to the Project site that was not adequately addressed in the General Plan EIR. The Environmental Analysis identifies the applicable City of Lathrop development standards and policies that would apply to the proposed Project during both the construction and operational phases, identifies applicable state- level standards and requirements, and explains how the application of these uniformly applied standards and policies would ensure that no peculiar or site- specific environmental impacts would occur.
The commenter states that potential impacts to biological resources were not properly analyzed in the General Plan EIR or the Environmental Analysis. As demonstrated in the Environmental Analysis, all potential impacts related to biological resources specific to the project site were analyzed in detail, and it was determined that no significant or site- specific impacts would occur. With respect the valley elderberry longhorn beetle, the Environmental Analysis and the supporting Biological Resources Analysis Report ( Attachment A of the Environmental Analysis) specifically address potential impacts to this federally- protected species, and uniformly applied standards and procedures are identified in order to ensure that no impacts to this species occur. As described on page 49 of the Environmental Analysis, an elderberry shrub ( Sambucus sp.) was identified along the western fence line of the warehouse site. Elderberry is the host plant of the Valley elderberry longhorn beetle ( VELB) Desmocerus californicus dimorphus). If the plant can be maintained on the warehouse site, then a 20 foot setback buffer will need to be established around it' s dripline. If the plant cannot be maintained on the warehouse site, then VELB exit hole surveys will need to be conducted as outlined in the USFWS protocol ( USFWS 2017).
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Whether or not exit holes are identified will determine the required mitigation measures necessary under the SJMSCP ( SJCOG 2000). As further noted on page 52 of the Environmental Analysis, a series of requirements have been imposed on the project to reduce any potential impacts to this species. These requirements comply with guidelines established by the USFWS and the SJMSCP and have been made conditions of approval for the project. The implementation of these measures and requirements would ensure that no significant impacts occur to this resource. As such, the project would not result in any impacts related to this environmental topic that are peculiar or site specific.
With respect to potential impacts to Swainson' s Hawk, as noted on page 51 of the Environmental Analysis, no nesting hawks are located on the project site. While the conversion of the site to developed uses would convert potential foraging habitat, this conversion of foraging habitat is specifically contemplated under the SJMSCP, in which the project is required to participate via the payment of fees. According to Chapter 1 of the SJMSCP, its key purpose is to provide a strategy for balancing the need to conserve open space and the need to convert open space to non- open space uses, while protecting the region' s agricultural economy; preserving landowner property rights; providing for the long- term management of plant, fish and wildlife species, especially those that are currently listed, or may be listed in the future, under the Federal Endangered Species Act ( ESA) or the California Endangered Species Act CESA); providing and maintaining multiple use Open Spaces which contribute to the quality of life of the residents of San Joaquin County; and, accommodating a growing population while minimizing costs to project proponents and society at large." In addition, the goals and principles of the SJMSCP include the following:
Provide a County- wide strategy for balancing the need to conserve open space and the need to convert open space to non- open space uses, while protecting the region' s agricultural economy.
Preserve landowner property rights.
Provide for the long- term management of plant, fish, and wildlife species, especially those that are currently listed, or may be listed in the future, under the ESA or the CESA.
Provide and maintain multiple- use open spaces, which contribute to the quality of life of the residents of San Joaquin County.
Accommodate a growing population while minimizing costs to project proponents and society at large.
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In addition to providing compensation for conversion of open space to non- open space uses, which affect plant and animal species covered by the S) MSCP, the SJMSCP also provides some compensation to offset impacts of open space conversions on non- wildlife related resources such as recreation, agriculture, scenic values and other beneficial open space uses. Specifically, the SJMSCP compensates for conversions of open space to urban development and the expansion of existing urban boundaries, among other activities, for public and private activities throughout the County and within Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy.
The commenter further asserts, without providing any supporting evidence, that traffic induced by the proposed project would lead to collisions with wildlife. Traffic volumes generated by the proposed project are consistent with the cumulative traffic volumes throughout the project vicinity and larger Lathrop General Plan Planning Area, which were the subject of detailed analysis in the General Plan EIR. The General Plan EIR included a cumulative analysis of potential impacts to biological resources associated with General Plan buildout. There is nothing peculiar about the project site that indicates the potential for site- specific impacts to wildlife.
The commenter asserts that the Environmental Analysis does not address potential energy impacts peculiar to the proposed Ashley Warehouse facility. However, the commenter provides no supporting evidence that the project would result in a wasteful or inefficient use of energy. As noted in the Environmental Analysis, on page 66, the proposed project would be in compliance with all applicable Federal, State, and local regulations regulating energy usage. Project- related electricity use results in indirect emissions, due to electricity generation activities occurring at offsite power plant locations. For the warehouse project, electrical power will be supplied by PG& E. PG& E is in the process of implementing the Statewide Renewable Portfolio Standard ( RPS) to increase the proportion of renewable energy ( e. g. solar and wind) within its energy portfolio. Additionally, energy- saving regulations, including the latest State Title 24 building energy efficiency standards (" part 6"), would be applicable to the proposed project. Other Statewide measures, including those intended to improve the energy efficiency of the statewide passenger and heavy- duty truck vehicle fleet ( e. g. the Pavley Bill and the Low Carbon Fuel Standard), would improve vehicle fuel economies, thereby conserving gasoline and diesel fuel. These energy savings would continue to accrue over time. As a result, the proposed warehouse project would not result in any significant adverse impacts related to project energy requirements, energy use inefficiencies, and/ or the energy intensiveness of materials by amount and fuel type for each stage of the project including construction, operations, maintenance, and/ or removal. PG& E, the electricity and natural gas provider to the site, maintains sufficient capacity to serve the proposed project. The proposed warehouse project would comply with all adopted energy standards, including those adopted by the City of Lathrop, and would not result in significant adverse impacts on energy resources.
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For these reasons, the proposed warehouse would not be expected cause an inefficient, wasteful, or unnecessary use of energy resources nor cause a significant impact on any of the threshold as described by Appendix G of the CEQA Guidelines.
The proposed warehouse project is consistent with the adopted vision and uses identified within the General Plan, and would not result in any new or increased energy- related impacts beyond those that were already addressed in the General Plan EIR.
The commenter expresses skepticism over the results of the project- specific and states that CaIEEMod input files should be made available. These files are available to the public.
As described in detail above, contrary to the commenter' s assertions, as evaluated in the City' s Environmental Analysis, there are no significant impacts associated with the proposed project that would be different from, or exceed the level of severity of any significant impacts identified in the General Plan EIR. As such, there is no need for the City to prepare further environmental review or adopt a Statement of Overriding Considerations for the proposed Ashley Warehouse project.
Written correspondence from LIUNA is attached to this Staff Report as Attachment
12. After review and consideration of all information provided, and after taking and considering all public testimony, the Planning Commission voted unanimously ( 4- 0) to adopt Resolution No. 23- 13, recommending the City Council find the project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183 and approve the Conditional Use Permit ( CUP- 23- 08) and Site Plan Review ( SPR- 23- 09) for the proposed Ashley Furniture Project. The Planning Commission Resolution is attached to this Staff Report as Attachment 11.
CEQA REVIEW:
California Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183 allows for a streamlined environmental review process for projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report ( EIR) was certified, except as might be necessary to examine whether there are project- specific significant effects which are peculiar to the project or its site.
CITY MANAGERS REPORT PAGE 31
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO] ECT
If the above qualifications are met, as stated in Section 15183( b), " a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
1. Are peculiar to the project or the parcel on which the project would be located;
2. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent;
3. Are potentially significant off- site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or
4. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe impact than discussed in the prior EIR.
A detailed environmental analysis, prepared in the form of an Environmental Checklist with supporting technical analysis, has been prepared by De Novo Planning Group, to provide analysis of three distinct, yet closely related actions being contemplated by the City. These include an update to the Lathrop Municipal Code ( LMC) and Zoning Map ( Zoning Consistency Update), and update to the Phase 2 ( CLSP Phase 2 Amendment) and the proposed Ashley Furniture Project.
The three ( 3) projects are being implemented as a result of the City' s comprehensive General Plan update, which was adopted on September 19, 2022. The General Plan Update provides a framework for future growth and projects the development reasonably expected during the build- out of the City. The Lathrop General Plan Update EIR analyzed the environmental impacts associated with adoption and implementation of the General Plan. All three of the actions analyzed in the Environmental Checklist are consistent with the General Plan, and were analyzed and accounted for in the General Plan EIR.
Biological Resources Analysis Report;
Preliminary Geotechnical Engineering Report;
Phase 1 Environmental Site Assessment Report;
Shallow Soil Investigation Report;
The CLSP Phase 2 Document;
Acoustical Assessment;
Air Quality- Health Risk Assessment Technical Report;
Traffic Impact Analysis; and
Ashley Furniture Project CaIEEMod output file.
CITY MANAGERS REPORT PAGE 32
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO) ECT
The Environmental Analysis includes a discussion and analysis of any peculiar or sitespecific environmental impacts associated with adoption of the Municipal Code and Zoning Map Update, adoption of the CLSP Phase 2 Amendment, and construction and operation of the proposed Ashley Furniture Project.
The Environmental Analysis identifies whether or not each CEQA Appendix G environmental checklist question, and its corresponding impacts, were adequately addressed in the 2022 Lathrop General Plan EIR, if there is a significant impact due to new information, or if the project would result in a significant impact peculiar to the project site that was not adequately addressed in the General Plan EIR. The Environmental Analysis identifies the applicable City of Lathrop development standards and policies that would apply to the proposed project during both the construction and operational phases, identifies applicable minimization measures from the General Plan EIR that must be implemented, identifies applicable state- level standards and policies that would ensure that no peculiar or site- specific environmental impacts would occur.
The Environmental Analysis concluded that the proposed project is consistent with the land uses and development intensities assigned to the project site by the General Plan. Impacts from buildout of the General Plan including cumulative impacts associated with development and buildout of the CLSP Phase 2 plan area and the Ashley Furniture Project, as proposed, were fully addressed in the General Plan EIR State Clearinghouse No. 2021100139), and implementation of the proposed project would not result in any new or altered impacts beyond those addressed in the General Plan EIR.
All project requirements identified in the Environmental Checklist are incorporated in project Consolidated Conditions of Approval ( Attachment 3). The Environmental Checklist is attached to this Staff Report as Attachment 10.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt a Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183 and Adopt a Resolution to Approve a Conditional Use Permit and Site Plan Review for the Ashley Furniture Project.
CITY MANAGERS REPORT PAGE 33
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
FISCAL IMPACT:
All application processing fees and costs are charged to the applicant. The request has no fiscal impact to the City.
ATTACH M E NT:
1. City Council Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183
2. City Council Resolution to Approve a Conditional Use Permit and Site Plan Review for the Ashley Furniture Project
3. Consolidated Conditions of Approval, dated September 13, 2023
4. Vicinity Map
5. Project Description
6. Architectural Plans
7. Preliminary Civil Plans
8. Preliminary Landscape Plan
9. Perspective Views/ Renderings
10. Environmental Checklist, prepared by De Novo Planning Group, dated August, 2023 with Appendices
11. Planning Commission Resolution No. 23- 13 Recommending City Council Approval
12. Comment Letter, dated September 13, 2023, from Lozeau Drury LLP regarding the Ashley Furniture Project
CITY MANAGERS REPORT PAGE 34
OCTOBER 9, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PROJECT
APPROVALS:
1 2 j
David Niskanen Date
Contract Planner
o Z Z3
J n B. Anderson Date
Contract Planner
l z
ick Ca iat te
Com nity Development Director
o, y• zoL3
Salvador Navarrete Date
City Attorney
I • 4 •23
S n J. Sa vatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP FINDING THE PRO7ECT EXEMPTION FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083. 3 AND CEQA GUIDELINES SECTION 15183 ( CUP- 23- 08 AND SPR- 23- 09) WHEREAS, the City of Lathrop City Council held a duly noticed public hearing to consider the Conditional Use Permit and Site Plan Review pursuant to the General Plan and Lathrop Municipal Code; and
WHEREAS, the request is for approval of a Conditional Use Permit and Site Plan Review to allow the construction of an approximately 1. 5 million square foot concrete tilt-up building and all necessary supporting infrastructure on a property located within the Central Lathrop Specific Plan Phase 2 Amendment area as further defined below in the third recital ( the proposed Project or the Project); and WHEREAS, the property is located at 14101 S. Manthey Road ( APN: 192- 020- 14) ( the property); and
WHEREAS, prior to the City' s approval of the 2022 General Plan Update, the City prepared an Environmental Impact Report ( EIR) which analyzed the environmental impacts of buildout under the General Plan Update pursuant to the California Environmental Quality Act ( CEQA) ( Public Resources Code Section 21000, et. seq.), and the City of Lathrop City Council certified the Final EIR on September 19, 2022 ( State Clearinghouse # 2021100139); and
WHEREAS, the analysis in the General Plan Update EIR allows the use of CEQA exemption/ streamlining provisions for projects under the General Plan Update, including the proposed Project; and
WHEREAS, an Environmental Checklist has been prepared for the proposed Project, which is attached to the City Council Staff Report as Attachment 9 and can also be found in the Planning Division project files located at 390 Towne Centre Drive, Lathrop, CA 95330; and
WHEREAS, the City Council finds that the proposed Project is consistent with the Limited Industrial land use goals and policies of the City of Lathrop General Plan and is also consistent with the development standards for the IL- CL, Limited Industrial Zoning District and the Central Lathrop Specific Plan Phase 2 Amendment as further implemented through the Zoning Code Text Amendment; and WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing on September 13, 2023, to consider the proposed Project and after reviewing and considering all information provided and submitted, and after taking and considering all public testimony adopted Resolution No. 23- 13 recommending City Council find the Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act CEQA) Guidelines Section 15183; and
Resolution No. 23-
WHEREAS, proper notice of this public hearing was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about September 27, 2023 and mailed out to property owners located within a 300- foot radius from the project site boundary on September 27, 2023, emailed to the City' s Public Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website; and
WHEREAS, the City Council has utilized its own independent judgement in adopting this Resolution.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby make the following findings:
Section 1. California Environmental Quality Act ( CEQA) Findings. Pursuant to Public Resources Code section 21083. 3 and CEQA Guidelines section 15183, the City Council finds and determines as follows:
a. The project complies with CEQA based on the CEQA
exemption/ streamlining provisions contained in Public Resources Code section 21083. 3 and CEQA Guidelines section 15183;
b. Pursuant to the City Council Staff Report and the attachments and exhibits thereto, including but not limited to, the CEQA Environmental Checklist, which are incorporated herein by reference, the proposed Project will not result in any significant impacts that: 1) are peculiar to the project or project site; 2) were not identified as significant projectlevel, cumulative, or off- site effects in the General Plan Update EIR; or 3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the General Plan Update EIR was certified, are determined to have a more severe adverse impact than discussed in the General Plan Update EIR.
As a result, pursuant to Public Resources Code section 21083. 3 and CEQA Guidelines section 15183, the proposed Project is exempt from further environmental review under CEQA.
c. All applicable General Plan Update policy and implementation actions and uniformly applied development policies, standards and/ or regulations are, hereby imposed on the proposed Project and must be adhered to by the Project applicant.
Resolution No. 23-
To the extent the City has not previously made findings regarding any/ all of these referenced General Plan policy and implementation actions and uniformly applied development policies, standards and/ or regulations, the City Council finds that all of those General Plan Update policy and implementation actions and uniformly applied development policies, standards and/ or regulations, were adopted, in whole or in part, to substantially mitigate the potential environmental effects to which they pertain ( i. e., aesthetics, agricultural and forest resources, air quality, biological resources, cultural and tribal resources, geology and soils, greenhouse gases, climate change, and energy, hazards and hazardous materials, hydrology and water quality, land use, population, and housing, mineral resources, noise, public services and recreation, circulation, utilities and service systems, and wildfire).
Section 2. Based on the findings set forth in this Resolution and the evidence in the Staff Report, the City Council hereby find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183 as illustrated and incorporated by reference as Attachment 10 of the City Council Staff Report.
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings, its above findings, including the staff report and associated attachments, pursuant to its independent review and consideration, does hereby find the Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183.
Resolution No. 23-
The foregoing resolution was passed and adopted this 9th day of October 2023 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR THE ASHLEY FURNITURE PRO) ECT ( CUP- 23- 08 AND SPR- 23- 09) WHEREAS, the City of Lathrop City Council held a duly noticed public hearing to consider the Conditional Use Permit and Site Plan Review pursuant to the General Plan and Lathrop Municipal Code; and
WHEREAS, the request is for approval of a Conditional Use Permit and Site Plan Review to allow the construction of an approximately 1. 5 million square foot concrete tilt- up building and all necessary supporting infrastructure on a property located within the Central Lathrop Specific Plan Phase 2 Amendment area as further defined below in the third recital ( the proposed Project or the Project); and WHEREAS, the property is located at 14101 S. Manthey Road ( APN: 192- 020- 14) ( the property); and
WHEREAS, prior to the City' s approval of the 2022 General Plan Update, the City prepared an Environmental Impact Report ( EIR) which analyzed the environmental impacts of buildout under the General Plan Update pursuant to the California Environmental Quality Act ( CEQA) ( Public Resources Code Section 21000, et. seq.), and the City of Lathrop City Council certified the Final EIR on September 19, 2022 ( State Clearinghouse # 2021100139); and
WHEREAS, the analysis in the General Plan Update EIR allows the use of CEQA exemption/ streamlining provisions for projects under the General Plan Update, including the proposed Project; and
WHEREAS, an Environmental Checklist has been prepared for the proposed Project, which is attached to the City Council Staff Report as Attachment 10 and can also be found in the Planning Division project files located at 390 Towne Centre Drive, Lathrop, CA 95330; and
WHEREAS, prior to approval of the Project, the City Council adopted a Resolution to find the Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act CEQA) Guidelines Section 15183; and
WHEREAS, the City Council finds that the proposed Project is consistent with the Limited Industrial land use goals and policies of the City of Lathrop General Plan and is also consistent with the development standards for the IL- CL, Limited Industrial Zoning District and the Central Lathrop Specific Plan Phase 2 Amendment as further implemented through the Zoning Code Text Amendment; and Resolution No. 23-
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing on September 13, 2023, to consider the proposed Project and after reviewing and considering all information provided and submitted, and after taking and considering all public testimony adopted Resolution No. 23- 13 recommending City Council approval of the proposed Project; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about September 27, 2023 and mailed out to property owners located within a 300- foot radius from the project site boundary on September 27, 2023, emailed to the City' s Public Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website; and
WHEREAS, the City Council has utilized its own independent judgement in adopting this Resolution.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby make the following findings:
Section l. Conditional Use Permit Findings. Pursuant to Section 17. 112. 060 of the Lathrop Municipal Code ( LMC), the City Council finds as follows:
a. That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.
The proposed Project represents a major expansion of the existing Ashley Furniture Distribution Center and Retail Outlet located on 5.
Harlan Road. The proposed Project is consistent with the City' s development standards for Limited Industrial.
b. That the proposed location of the conditional use is in accordance with the objectives of the zoning code and the purposes of the district in which the site is located. The proposed Project is located in the IL- CL, Limited Industrial Zoning District and the Central Lathrop Specific Plan Phase 2 Amendment area and is a permitted use within the zoning district for which it is located as further established in the Zoning Code Text Amendment.
c. That the proposed use will comply with each of the applicable provisions of the LMC, as amended. As noted above and as described in the Staff Report, the proposed Project is a permitted use in the ILCL, Limited Industrial Zoning District and is consistent with the applicable provisions in the LMC, including screening requirements pursuant to the Central Lathrop Specific Plan Phase 2 Amendment.
Additionally, the General Plan requires updates to the LMC and Central Lathrop Specific Plan Phase 2 in order to ensure that new deve% pment is compatible with existing development ( Goal LU- 5).
Resolution No. 23-
The proposed Project is consistent with the LMC, Policies and Implementation Actions of the General Plan as it relates to truck traffic impacts and land use compatibility.
Section 2. Site Plan Review Findings. Pursuant to Section 17. 100. 050 of the Lathrop Municipal Code ( LMC), the City Council finds as follows:
a. The proposed Site Plan Review complies with all applicable provisions of Chapter 17. 100;
b. The proposed Site Plan Review is consistent with the site improvements listed in Chapter 17. 100 ( a. through i.) and improvements are such that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will not be adverse effects on surrounding properties;
c. Proposed lighting for the project area is so arranged as to deflect away from adjoining properties; and
d. The proposed Site Plan Review is compatible with surrounding land uses and will not be detrimental to the health, safety and general welfare of the City as further evaluated in the Environmental Checklist.
Section 3. Based on the findings set forth in this Resolution and the evidence in the Staff Report, the City Council hereby approve Conditional Use Permit No.
CUP- 23- 08 and Site Plan Review No. SPR- 23- 09 subject to the Consolidated Conditions of Approval as illustrated and incorporated by reference as Attachment 3 of the City Council Staff Report.
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings, its above findings, including the staff report and associated attachments, pursuant to its independent review and consideration, does hereby approve Conditional Use Permit No. CUP- 23- 08 and Site Plan Review No. SPR- 23- 09, subject to the Consolidated Conditions of Approval listed in Attachment 3 of the October 9, 2023 City Council Staff Report and incorporated by reference herein
Resolution No. 23-
The foregoing resolution was passed and adopted this 9th day of October 2023 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO F RM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
CI/ 4TTACHME IT rr 3
ec
Community Development Department — Planning Division
Consolidated Conditions of Approval
September 13, 2023
Project Name: Ashley Furniture Project
File Number: Conditional Use Permit No. CUP- 23- 08 and Site Plan Review No. SPR- 23- 09 Project Address: 14101 S. Manthey Road ( APN: 192- 020- 14) Prepared: July 20, 2023
Approved by:
Amended by:
The following list of conditions shal! be incorporated into the final construction plans and development phases of the project. The list of conditions are not intended to be all-inclusive or a comprehensive listing of all City or district regulations. Please note that additional comments and/or conditions may be added pending the response to the comments noted below and/ or changes to the proposedproject. The following comments and conditions of approval are based on the application and diagrams dated May, 2023.
PROJECT DESCRIPTION
Approval of this project authorizes the construction of a 1, 486, 607 sq. ft. concrete tilt-up building on a
89. 82- acre property located at the northwest corner of Dos Reis Road and Manthey Road and within the Central Lathrop Specific Plan Phase 2 Amendment area. The proposed building will include an up to three- story, 24,000 sq. ft. office, an up to two- story 110, 260 sq. ft. retail outlet and showroom and a 1, 352, 347 sq. ft. warehouse distribution center. The project includes related on- and off-site improvements, including but not limited to off-street parking, lighting, landscaping, solid wall and wrought iron fencing, outdoor employee break area, paving, and street improvements ( landscaping, curb, gutter, and sidewalk
C_EQA DETERMINATION
Exempt in accordance with Section 21083. 3 of the Public Resources Code and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines.
PLANNING
1. The project is subject to and shall comply with the Project Requirements resulting from the Environmental Checklist prepared by De Novo Planning Group. The Project Requirements are incorporated by reference into this list of conditions ( attached).
2. The Conditional Use Permit and Site Plan Review shall not be in effect until the Rezone that is part of the City' s Zoning Consistency Project and Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment are approved and in effect.
3. Signs ( Directional Signs) shall be placed on- site directing trucks north on S. Manthey Road towards Roth Road from the site. Signage shall be maintained by the applicant/ property owner and replaced if damaged, destroyed or otherwise unreadable. Signage shall be reviewed and approved by the Planning Division.
4. Sign( s) shall be placed in the drivers' lounge and/ or breakroom associated with the project building directing trucks north on S. Manthey Road toward Roth Road from the site. The sign shall illustrate the Truck Route to and from the site, the City' s Truck Route Map and a reference to Chapter 10. 16, Truck Routes and Commercial Vehicles of the Lathrop Municipal Code ( LMC).
5. Evergreen trees planted along Dos Reis Road for the purposes of screening shall be in compliance with the CLSP Phase 2 Amendment.
6. Outdoor employee break area( s) shall include trash receptacles, shade structure( s), and seating areas. The final design and location of employee break area( s) shall be subject to review and approval by the Planning Division.
7. Passenger vehicle entryways shall include enhanced paving materials, such as herringbone design or stamped concrete. The extent of the enhanced paving materials shall be subject to review and approval by the Planning Division.
8. Interior truck operator lounge( s) and/ or employee break area( s) shall include on- site amenities, such as restrooms, vending machines, air conditioning, seating areas, etc. The truck operator lounge( s) and/ or employee break area( s) shall be subject to review and approval by the Planning Division.
9. With the exception of parking and storage of truck cabs and truck trailers, storage containers, and temporary load transfers, outdoor storage is prohibited, unless otherwise reviewed and approved by the Planning Division.
10. Installation of driveway entry/security gates or interior site fencing shall subject to review and approval by the Planning Division, Building Department and Lathrop Manteca Fire District prior to installation. All driveway entry/ security gates shall provide truck queuing in front of the gate of at least seventy- five ( 75) feet in order to allow trucks with trailers to pull onto the site without blocking adjacent street rights- of-ways.
11. The security gate building ( guard shack) shall be architecturally compatible with the primary building as it relates to color, aesthetic, and material.
12. On- site fencing shall be maintained and in good working order for the life of the project Damage and/ or wear- and- tear shall be repaired by the applicant/ property owner in a timely manner.
13. Prior to any ground disturbance, the project shall consult with the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan ( SJMSCP) for biological coverage, mitigation and participation in the plan. Participation in the SJMSCP satisfies requirements of both the State and Federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA).
14. The applicant shall coordinate with the San Joaquin Valley Air Pollution Control District to comply with District rules and regulation including but not limited to Rule 9510, Indirect Source Review. The applicant shall provide proof of compliance prior to building permit issuance.
15. The project shall comply with applicable site development provisions contained in the Central Lathrop Specific Plan Phase 2 Amendment Design Guidelines and Lathrop Municipal Code including but not limited to parking, lighting, landscaping, etc.
16. All areas not used for structures, parking, driveways, walkways, or other hardscape shall be landscaped and maintained by the property owner per Section 17. 92. 030( A)( 1) of the Lathrop Municipal Code to the satisfaction of the City.
17. The applicant shall submit appropriate plans to the Community Development Department for plan check and building permit. Final site plan, elevation, landscaping and irrigation, exterior lighting and site improvement plans and details, etc. shall be reviewed and approved by the Planning Division. Any significant change or modification to the approved plan is subject to review and approval by the Community Development Director.
18. Landscaping and irrigation must be consistent with the City' s Water Conservation Requirements LMC 17. 92. 060) and the State Water E cient Landscape Ordinance ( AB 1881). The applicant shall include with the landscape and irrigation plan a water efficient landscape worksheet with water budget calculations identifying the water allowance and estimated water use.
19. The applicant/property owner shall ensure the entire site including landscaping areas shall be maintained in a healthy, weed free condition to the satisfaction of the City.
20. Trash enclosure( s) shall include but not be limited to a covered roof, metal gate and have three solid walls. Details and/ or alternative designs or location shall be subject to review and approval of the Planning, Building, and Public Works Department. The trash enclosure design, material and color shall match or compliment the main building.
21. It shall be the responsibility of the applicant/ property owner to ensure that any building or parking area lighting including security lighting associated with the project, be arranged so as to not cast light onto adjoining properties.
22. A final site lighting photometric plan with detailed specifications of all lighting fixtures, poles, and wall packs as well as a manufacture' s catalog sheet containing photometric data, shall be submitted with Building Permits for City review and approval. Parking lots, driveways, trash enclosure/ areas shall be illuminated during the hours of darkness with a minimum maintained one foot-candle of light and an average not to exceed four foot-candles of light. The illumination shall not exceed ten ( 10) foot- candles in any one location.
23. No signs are approved for this project. A Master Sign Program for the project shall be prepared and submitted for review and approval by the Planning Division per Chapter 17. 84 of the Zoning Code. All signs shall require a Planning Division Sign Design application and a separate Building Permit application, subject to review and approval of the Planning and Building Divisions.
24. Bicycle parking shall be installed consistent with Chapter 17. 76. 120 of the LMC. In accordance with LMC Section 17. 76. 120( D), the proposed project shall provide changing facilities for employees/ workers utilizing bicycle to get to and from the use and bicycle lockers in a secure room equal to the minimum number of bicycle parking stalls required by Chapter 17. 76. Bicycle lockers should be in close proximity to the employee entrance. The final location( s) shall be subject to review and approval by the Planning Division. The secure room shall include electrical outlets for the purpose of charging electric bicycles ( e- bikes).
25. Roof- mounted mechanical equipment shall be screened and not visible from the public right- ofway. Screening materials shall be compatible with the architectural style, materials and color of the building upon which the equipment is located, subject to the approval of the Community Development Director or designee.
26. Ground- mounted equipment that is not required to be visible, shall be screened not visible from the public right-of-way using the most practical means of screening, such as landscaping, a freestanding wall/ fence, matching paint, subject to approval of the Community Development Director or designee.
27. Unless otherwise specified, all conditions of approval shall be complied with prior to the issuance of any Building Permits.
28. The Site Plan shall expire thirty- six ( 36) months from the date of approval unless a time extension is granted consistent with the policies and procedure of the Lathrop Municipal Code. Prior to the expiration date of August 30, 2026 a building permit must be issued and construction commenced and diligently pursued toward completion of the site or structures.
29. In the event clarification is required for an interpretation of these Conditions of Approval, the Community Development Director and City Engineer shall have the authority either to administratively clarify the intent and wording of these Conditions of Approval without the requirement of a public hearing or to refer questions regarding the interpretation of these Conditions of Approval to the Planning Commission. If the applicant take issue with the clarification provided administratively, the applicant shall have the right to appeal the administrative clarification to the Planning Commission. The Community Development Director and City Engineer shall also have the authority to make minor modifications to these conditions provided a request is made in writing by the applicant and it is determined such modifications are consistent with and in furtherance of the underlying intent of the condition being modified.
30. The City of Lathrop may conduct annual and or spot inspections to ensure that compliance with the required site improvements and conditions are being maintained.
BUILDING
l. All construction associated with this project shall comply with the most recent adopted City and State building codes.
2. Special Inspections — As indicated by California Building Code Section 1704, the property owner/ developer shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. The property owner/developer shall contact the Building Department at time of plan submittal to obtain application for special inspections.
3. The Title Sheet ofthe plans shall include:
Occupancy Group Type of Construction
Occupant Load Height of Building
Description of Use Floor area of building(s) by occupancy group Area Analysis Code Used
4. The property owner/ developer shall be responsible for payment of school impact fees prior to the issuance of a building permit.
5. Dimensioned building setbacks and property lines, street centerlines and distances between buildings and structures shall be provided on the project site plan.
6. The project shall be designed to conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumption light fixtures, and insulation and shall use to the extent feasible draught landscaping.
7. All property lines and easements shall be shown on the site plan. A statement shall be provided that indicates such lines and easements are shown is required.
8. Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. The site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. The path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is in compliance with the latest Federal and State regulations. A site accessibility plan shall be required per the attached policy from the link below:
https:// vww.ci. lathrop. ca. us/ sites/ default/ files/fileattachments/ building divisior lpa e/ 24708/ site accessibilit plan requirements. pdf
9. At the time of building permit application submittal a design professional shall be required to prepare the formal construction plans for proposed improvements per the Business and Professions' Code.
10. Grading and Site Improvement permits from Public Works may be required separately from the accessibility plan in compliance with item 8.
PUBLIC WORKS
Land
l. The applicant shall dedicate all right-of-way ( ROW) necessary for the ultimate ROW width as represented in the approved Improvement Plans. A 10- foot public utility easement ( PUE) shall also be dedicated along all ROW frontages.
Public/ Fronta e Improvements
1. The applicant shall submit an encroachment permit for all work within the public right- of-way and City owned or controlled property.
2. The applicant shall be required to install full street frontage improvements along all frontages of the parcel being developed or improved. Frontage improvements shall include but are not limited to curb, gutter, sidewalk, street lights, hydrants, asphalt concrete paving, striping, driveways, and landscaping. The extent of paving shall include one- half ultimate street width or as otherwise stated in the City of Lathrop Municipal Code. The applicant shall submit the off-site plans for approval along with the applicable plan check and inspection fees.
3. The applicant shall underground all existing and new overhead utilities on both sides of the frontage street in compliance with the Lathrop Municipal Code. Overhead power lines in excess of 34. 5 KVA are not required to be undergrounded.
4. As recommended in the TJKM Traffic Impact Analysis Report, the applicant shall complete the following improvements prior to issuance of a certificate of occupancy, including a temporary certificate of occupancy:
a. Lathrop Road/ I- 5 SB Ramps: Optimize signal timing to achieve an acceptable level of service. Align signal timing with coordination plan for the Lathrop Road corridor. b. Golden Valley Parkway & Spartan Way/Lathrop Road Intersection: Grind existing striping, slurry seal extents of striping and restripe the following configuration to City Standards:
i. NB Approach: One left-turn lane, one through lane, two right-turn lanes ii. SB Approach: Two left- turn lanes, two through lanes, one right- turn lane iii. EB Approach: One left turn- lane, two through lanes, one right- turn lane iv. WB Approach: Two left-turn lanes, two through lanes, one right-turn lane
5. The TJKM Traffic Impact Analysis Report found that the Lathrop Road/ I- 5 NB Ramp will degrade from LOS E to LOS F with the Project in the Baseline plus Project condition, which will require the construction of a 400 foot separate right turn lane on the NB Ramp. The applicant shall conduct current traffic counts for the NB Ramp to confirm the baseline condition and complete a technical memorandum to document the findings of the traffic counts. If the results of the technical memorandum indicate that the impact is negligible or that the level of service does not degrade below LOS D in the Current Baseline plus Project condition, the project shall not be required to construct the 400 foot separate right turn lane on the NB Ramp. If the results of the traffic counts indicate that the project operations would cause the LOS to degrade below a LOS D with the Project, the applicant shall be required to construct the 400 foot separate right turn lane on the NB Ramp. If the improvements are required, applicant shall design, estimate construction cost and provide performance and labor & materials guarantee to the City for the improvements and enter into a deferred frontage improvement agreement with the City prior to issuance of a building permit for the Project. If required, the applicant shall work towards construction of the improvements in a timely manner for completion as close to the occupancy of the Project as possible.
6. The applicant shall be required to improve Golden Valley Parkway from Spartan Way to Dos Reis Road. Golden Valley Parkway is currently improved from Spartan Way to about 240 feet south of Does Reis Road and includes utilities, curb & gutter, and bottom lift pavement and subgrade. The applicant shall be required to complete the improvements on Golden Valley Parkway to include but not limited to sidewalk, top lift pavement, striping, signing, landscaping and lighting. The improvements are eligible in part for City Transportation Capital Facility Fee ( CFF) credit or reimbursement as portions are included in the existing City CFF program and this roadway provides a regional benefit.
7. The applicant shall be required to construct a roundabout at the intersection of Golden Valley Parkway and Dos Reis Road. The roundabout shall be an enhanced gateway to the CLSP Phase 2 area and shall include components such as monumentation, art, enhanced landscaping, lighting, etc. The final design shall be approved by the City Engineer. The applicant shall submit the roundabout plans for approval as part of the offsite improvement plans.
8. The applicant shall be required to abandon and barricade Manthey Road between Lathrop Road and Dos Reis Road upon completion of the improvement of Golden Valley Parkway. This abandonment is necessary to facility the proper traffic circulation for the project.
9. The applicant shall be required to install signage on Lathrop Road, Spartan Way, Golden Valley Parkway, Dos Reis Road and Manthey Road south of Dos Reis Road prohibiting trucks from utilizing these roadways. Location and size of the signage shall be reviewed and approved by the City Engineer prior to issuance of an occupancy permit.
10. Applicant shall comply with Chapter 10. 16, Truck Routes and Com nercial Vehicles ofthe LMC.
Wastewater
1. The applicant shall be required to connect to the City sewer system prior to certificate of occupancy for the first building within the project.
2. The applicant shall secure sufficient sewer capacity for the project and pay all connection fees and reimbursements.
3. The project will connect to the existing Central Lathrop Phase 1 gravity sewer main system and the wastewater will be conveyed to the City' s Treatment Plan by use of the existing Central Lathrop Phase 1 wastewater pump station and force mains. The applicant shall provide calculations to the City Engineer proving that these existing facilities can support the additional wastewater discharge from the project and shall install any improvements needed to accommodate the project ifthe existing facilities are deficient.
Potable Water
1. The applicant shall be required to connect to the water utility for domestic supply prior to certificate of occupancy and pay all applicable connection fees. All existing groundwater wells on site shall be abandoned under a permit from San Joaquin County prior to connecting potable water to the site.
2. The applicant shall secure sufficient water capacity for the project and pay all connection fees and reimbursements.
3. The project will connect to the existing Central Lathrop Phase 1 potable water system. The applicant shall provide calculations to the City Engineer proving that these existing facilities can support the projects needs and shall install any improvements needed to accommodate the project ifthe existing facilities are deficient.
Recycled Water
1. Applicant shall install recycled water mains along all frontages if not existing. All public landscaping shall be irrigated with recycled water and a recycled water hydrant shall be placed in an accessible location along the frontage to provide a filling station for street sweeping activities and construction.
2. All recycled water points of connection for irrigation require the installation of a recycled water meter.
Storm Drain
1. The applicant shall be required to connect to storm drain utility and pay all applicable connection fees.
2. Hydrology and hydraulic calculations and plans for on- site and off-site storm drainage systems shall be submitted to the City for review and approval.
3. As part of their onsite improvements, the applicant shall install all necessary Best Management Practices ( BMP' s) for post construction in accordance with City guidelines and standards. The BMP' s must be in place prior to final occupancy for the project.
4. The applicant shall execute a maintenance agreement for all onsite storm water quality treatment devices, swales, and/ or ponds.
5. The project will connect to the existing Central Lathrop Phase 1 storm water system for Watershed 4. The applicant shall provide calculations to the City Engineer proving that these existing facilities can support the projects needs and shall install any improvements needed to accommodate the project ifthe existing facilities are deficient.
General
1. The applicant shall retain the services of a California licensed civil engineer to design the project utility plans for sewer, water, storm drain lines and systems.
2. The applicant shall ensure that all off-site and on- site improvements comply with City Standards as illustrated on the approved Improvement Plans.
3. All on- site water, sewer, and storm drain systems that are privately owned shall be maintained by the property owner.
4. The parking areas and drive aisles on site shall be paved with asphalt concrete.
5. The project shall comply with the Multi-Agency Post Construction Storm Water Manual.
6. Grading and other construction activities that may cause dust shall be watered to control dust at the City Engineer' s direction. A water vehicle shall be available eon site for dust control operations at all times during grading operations. The adjacent public street shall be kept free and clean of any project dirt, mud, materials, and debris.
7. The applicant shall pay all appropriate fees including, but not limited to, North Lathrop Transportation Fee, Levee Impact Fee, Capital Facilities Fees, and Plan Check and Inspection Fees.
8. A geotechnical report shall be submitted for the project, which includes groundwater elevations, percolation rates for retention basins, soil compaction requirements, and recommendations for asphalt paving and concrete. Building PAD certification is required from Geotechnical Engineer and/ or Special Inspector.
9. All water meters shall be installed within the public right of way or public utility easement. The City shall not be the responsible party for maintaining water and sewer lines beyond existing main line stub outs or on private property, unless otherwise agreed to by the City.
10. The applicant has the option to enter into a reimbursement agreement with the City for construction cost reimbursement of any infrastructure that provides regional benefit.
11. All improvements shall be designed and constructed per the most current City Standards.
12. The applicant shall create or participate in a Community Facilities District ( CFD) to fund the maintenance of all public infrastructure prior to issuance of the first building permit associated with the project.
13. If the project is greater than one acre; the applicant shall complete a SWPPP, obtain a WDID number and list the number on the improvement plans, and submit the SWPPP to the City for review and approval.
LATHROP- MANTECA FIRE DISTRICT ( LMFD)
1. The project shall conform to the most currently adopted edition of the California Fire Code and all related standards.
2. Permits shall be obtained from the fire code official. Permit( s) and fees, shall be paid prior to issuance of any and/ or all permits. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code officiaL ( Permits are to be renewed on an annual basis).
3. Depending on the proposed Occupancy Type & fire area occupant load, Automatic Fire Sprinklers may be required. In the case where automatic fire sprinkler systems are required, such systems shall comply with California Fire Code Section 903. 2 and the Tenant/ Occupant/ Owner shall have the responsibility to ensure that the correct fire suppressions system is added/ modified/tested and accepted by the ( AHJ) Fire District for review and approval prior to modification. Deferred submittal accepted.
4. All residential structures shall be Fire Sprinkler protected, as per the City of Lathrop' s Fire Sprinkler Ordinance, California Fire Code, California Residential Code, and the California Building Standards Codes. Fire suppression system plans shall be modified under separate fire permit and shall be submitted by a licensed fire contractor, to the ( AHJ) Fire District for review and approval prior installation. Deferred plan submittals are accepted.
5. Fire Sprinkler System alterations and plans shall be submitted directly to LMFD.
6. Fire Alarm System upgrades and plans shall be submitted directly to LMFD.
7. A means of Ingress and Egress Plan shall be submitted with the project Tenant Improvement Plans.
8. An approved fire alarm system shall be installed in accordance with CFC §907.2 and NFPA 72.
9. Fire Department Development Impact Fees for all new buildings shall be paid in accordance with the City of Lathrop Municipal Code and Resolutions of the adopted fee schedule.
10. An approved Fire Flow test shall be conducted prior to ground breaking to determine allowable Fire Fighting capabilities for the site.
1 l. An approved water supply for fire protection, either temporary or permanent, shall be made available prior to commencing construction beyond the foundation stage, or as soon as combustible material arrives on the site.
12. Deferred Plan Submittals for Eire Alarm, Fire Sprinklers and Fire Underground shall be submitted directly to LMFD.
13. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet ( 6096 mm), exclusive of shoulders, except for approved security gates in accordance with California Fire Code ( CFC) Section 503. 6, and an unobstructed vertical clearance of not less than 13 feet 6 inches ( 4115 mm).
Adequate turnaround shall be provided per City of Lathrop Standards and Appendix D of the 2022 CFC.
14. Where access to the development is restricted because of secured openings or where immediate access is necessary for life- saving or fire- fighting purposes, a key " knox" box is required to be installed in an approved location. The key " knox" box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. In addition to key knox" box( es), any automatic gates shall have Opticom access ability to provide necessary access for emergency apparatus.
15. Where a portion of the added street is constructed more than 200 feet ( 61 meters) from a hydrant on a fire apparatus access road, as measured by an approved route, the developer shall provide an additional fire hydrant and main shall be provided. NOTE: The developer shall provide exact locations and distances of existing hydrants in the area. ( CFC Appendix C, and City of Lathrop Water System Standards).
16. The developer shall be responsible for providing approved vehicle access for firefighting to all construction and demolition sites. Vehicle access shall be provided to within 100 feet ( 30, 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.
17. The Fire Department Fire Access Roads shall meet the requirements established by the San Joaquin County Fire Chief' s Association.
18. The turning radius for his project shall be a minimum of 41 feet for all Emergency Fire Apparatus.
19. Buildings exceed 30 feet in height shall have a minimum unobstructed fire apparatus access width of 26 feet.
20. Commercial cooking equipment that produce grease laden vapors shall be provided with a Type 1 Hood, in accordance with the California Mechanical Code, and automatic fire extinguishing system that is listed and labeled for its intended use as follows:
a. Wet chemical extinguishing system, complying with UL 300 b. Carbon dioxide extinguishing systems
c. Automatic fire sprinkler systems
21. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet ( 122 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the fire code official.
22. At LMFD' s discretion the proposed project may be subject to other fire & life safety requirements at the time of building plan review.
23. Final approval is subject to field inspections. A minimum 48 to 72- hour notice is required prior to any life- safety fire inspections. Other conditions may apply at time of inspections and are subject to correction.
LATHROP POLICE DEPARTMENT ( LPD)
1. The applicant shall paint the address on the roof top for each individual building. The numbers shall be at least 3 feet tall, 2 feet wide, 9 inches apart, with 6- inch brush stroke with a color that contrast the roof top, top of numbers/ letters should point north.
2. The applicant shall install dedicated lights in the parking lot that are properly maintained including the drive access.
3. The applicant shall install an indoor and outdoor recording security camera system that shall be maintained by the property owner and accessible to LPD with camera views covering all ingress and egress to all building( s) and parking areas. The quantity and location shall be reviewed and approved by LPD prior to issuance of an occupancy permit.
4. Where access to the development is restricted because of secured openings or where immediate access is necessary for life- saving or emergency purposes, a key " knox" box is required to be installed in an approved location. The key " knox" box shall be of an approved type and shall contain keys to gain necessary access as required by the police chief. In addition to key " knox" box( es), any automatic gates shall have Opticom access ability to provide necessary access for emergency vehicles.
5. The proposed landscaping for this project shall conform to the following CPTED measurements:
a. Maintain natural visible surveillance to building from parking lot and street. b. Plants taller than 8 feet shall be trimmed up to 4 feet from ground. c. Plans under 8 feet shall be trimmed to allow ground level surveillance.
ADMINISTRATIVE SERVICES
l. By exercising this approval, the applicant hereby agrees to indemnify, hold harmless and defend the City, its officers, agents, elected and appointed officials, and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this Site Plan Review and Conditional Use Permit to the fullest extent permitted by law.
SAN JOAOUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
See attached memorandum dated June 21, 2023.
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June 21, 2023
To: City of I. attuop Gomrt unity Gevela nent Department Pianning Divisian Attentian; David N+skanen
From: Cesar Ruvalcaba( 209) 953- 6213 j ( j„_J
Lead Senior Re istered Enviroamental tieatCh Specialist 1,.. i' RE CUP'-23-08, SPR• 23-09, Re arrai, SU0415642, SUOOt56d1 i41Q1 S. Manthey Road ( APN: 192-02Q- 14)
The San Joaquin County Environmental Health Department( EHD} recommends the foilc wing conditions as a paR af develaping this project:
1. Any geoteehnical drilli ng shali be canducted under permii and inspecti€ n by The Environmental Nealth Department ( San . foaquin Gounty Uevelopment Title, Section 9- 601. 010( b} and 9-G01. 02 1{ i}.
2. Any abandaned welis a septic systems shail be destrayed under permit and inspection by the EHD( San Joaquin County Developmen# Title, Section 9-6t 5. 010& 9-Bf11. C} 2i7) 186$ E Hazeltott Avetrue f SRtxkton, Ca ifazrra 952Q5 T 2f 468- 3420 F 2£}9 464- 0438 www sjgo+r.argf trd
ENVIRONMENTAL CHECKLIST
SUMMARY OF PROJECT REQUIREMENTS
Summary of CEQA Project Requirements for the Ashley Warehouse Project Requirement AG-1: Implement Lathrop Municipal Code Chapter 3.40 AGRICULTURAL MITIGATION FEE Section 3. 40. 030 Collection of Agricultura/ Mitigation Fee.
The Agricultural Mitigation Fee enacted pursuant to this chapter is to be collected by the city before the issuance of building permits, or at approval of any discretionary permit if no building permit is required.
Ord. 05- 248§ 1 J
Requirement AG-2: Require all development to coordinate with and participate with SJCOG in the SJMSCPAgricultural Mitigation Fee program as required.
Requirement AQ-1: Comply with SJVAPCD Rule 95101ndirect Source Review Requirement AQ-2: Comply with SSJVAPCD Regu/ ation Vlll for all sites and implementation control measures indicated in Tab/ es 6-2 and 6-3 of the SJVAPCD' s Guide for Assessing and Mitigating Air Quality Impacts.
Requirement 810- 1: Compliance with the San Joaquin County Multi-Species Habitat Conservation and Open Space P/an( SJMSCP)
Requirement BIO-2: Compliance with the mitigation recommendations inc/uded within eiological Resources Analysis Report( AttachmentAJ.
VELB Buffer and/ or Survey— VELB is a species covered by the SJMSCP ( SJCOG 2000), and the incidental take minimization and mitigation measures outlined in the document are as follows:
In areas with elderberry bushes, as indicated by the SJMSCP Vegetation Maps or per a preconstruction survey identification or other sources indicated in Section 5. 2. 2. 3, the following shall occur:
A. If elderberry shrubs are present on the project site, a setback of 20 feet from the dripline of each elderberry bush shall be established.
B. Brightly colored flags or fencing shall be placed surrounding elderberry shrubs throughout the construction process.
C. For all shrubs without evidence of VELB exit holes which cannot be retained on the project site as described in A and B, above, the JPA shall, during preconstruction surveys, count all stems of 1" or greater in diameter at ground level. Compensation for removal of these stems shall be provided by the JPA within SJMSCP Preserves as provided in SJMSCP Section 5. 5. 4( B).
D. For all shrubs with evidence of VELB exit holes, the JPA shall undertake transplanting of elderberry shrubs displaying evidence of VELB occupation to VELB mitigation sites during the dormant period for elderberry shrubs ( November 1 - February 15). For elderberry shrubs displaying evidence of VELB occupation which cannot be transplanted, compensation for removal of shrubs shall be as provided in SJMSCP Section 5. 5. 4 ( C)." If the elderberry shrub can be maintained on the project site, then a 20 ft. setback will need to be established around the shrub ( See Figure 11). If the shrub cannot be maintained on the project site, then VELB exit hole surveys consistent with the USFWS protocol ( USFWS 2017) will be performed prior to any ground disturbance. Depending on the results of this survey, either mitigation measure C or D above will be used.
Pre- construction Reptile Survey — Both California glossy snake and San Joaquin coachwhip have a low potential to occur on the Property and therefor a pre- construction survey should be performed no more than 48 hours prior to ground disturbance or vegetation removal.
Surveys would be required to determine presence/ absence of this species. If the species are found to occur on the project site, then passive relocation methods should be attempted before ground disturbance.
Pre- Construction Avian Survey — If project construction- related activities would take place during the nesting season ( February through August), preconstruction surveys for nesting passerine birds and raptors ( birds of prey) in large trees adjacent to the project site should be conducted by a competent biologist 14 days prior to the commencement of the tree removal or site grading activities. Specific attention should be paid to the active Swainson' s hawk nest that was identified across Dos Reis Road from the project site. As per the Incidental Take Minimization Measures for Swainson' s hawk that are outlined in Section 5. 2. 4. 11 of the SJMSCP ( SJCOG 2000):
If a nest tree becomes occupied during construction activities, then all construction activities shall remain a distance of two times the dripline of the tree, measured from the nest." The dripline for the tree where the Swainson' s hawk nest was observed is estimated to be 25 feet, making the required buffer for this nest 50 feet. The nest location and buffer are shown in Figure 11.
If any other birds listed under the Migratory Bird Treaty Act are found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nesting site. This buffer shall be a minimum of 50 feet from the project activities for passerine birds, and a minimum of 250 feet for other raptors. The distance shall be determined by a competent biologist based on the site conditions( topography, if the nest is in a line of sight of the construction and the sensitivity of the birds nesting). The nest site( s) shall be monitored by a competent biologist periodically to see if the birds are stressed by the construction activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones( typically by August), the project can proceed without further regard to the nest site( s).
Burrowing Owl Surveys — Burrowing owls were not identified on the project site during May 2021 survey. However, a burrowing owl pre- construction survey should take place before any construction activities commence. It is recommended that they be conducted whenever burrowing owl habitat or sign is encountered on or adjacent to (within 150 meters) a project site. Occupancy of burrowing owl habitat is confirmed at a site when at least one burrowing owl or its sign at or near a burrow entrance is observed within the last three years. If a burrowing owl or sign is present on the project site three additional protocol level surveys will be initiated. As per the incidental take minimization and mitigation measures outlined in the SJMSCO ( SJCOG 2000): If burrowing owls are identified and work is to commence during the non- breeding season ( September 1 through January 31), then the owls should be evicted from the project site by passive relocation as described in the CDFW' s report on burrowing owls 1995). If work occurs during the breeding season ( February 1 through August 31) then the burrows shall not be disturbed and will be provided with a 75- meter protective buffer.
However, if it is determined that the birds have not begun laying eggs, or the juveniles from the occupied burrows are foraging independently and are capable of independent survival, then the burrows can be destroyed.
Erosion Control — Grading and excavation activities could expose soil to increased rates of erosion during construction periods. During construction, runoff from the warehouse site could adversely surrounding habitats and cause increased particulate matter to enter the storm drain system. Implementation of appropriate mitigation measures would ensure that impacts to aquatic systems would be avoided or minimized. Mitigation measures may include best management practices ( BMP' s) such as hay bales, silt fencing, placement of straw mulch and hydro seeding of exposed soils after construction as identified in the Storm Water Pollution Prevention Plan ( SWPPP).
Requirement CUL- 1: Implement General P/an Action: RR 3b RR- 3b: Require all new development, infrastructure, and other ground- disturbing projects to comply with the following conditions in the event of an inadvertent discovery of cultural resources or human remains:
A. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Director shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Community Development Director; and
B. If human remains are discovered during any ground disturbing activity, work shall stop until the Community Development Director and the San Joaquin County Coroner have been contacted. If the human remains are determined to be of Native American origin, the Native American Heritage Commission and the most likely descendants shall be consulted; and work may only resume when appropriate measures have been taken and approved by the Community Development Director.
Requirement GEO- 1: Imp/ement recommendations presented in the Preliminary Geotechnical Engineering Report. Prepared by: Terracon Consu/ tants, Inc. during the project design and construction.
Requirement HAZ-1: Ifthe project will store, transport or handle hazardous materials the project shall be required to prepare and file a Hazardous Materials Business Plan ( HMBPJ with the City prior to issuance of Certificate of Occupancy.
Projed Requirement Hydro- 1: The project applicant shall prepare a Storm Water Pol/ution Prevention Plan ( SWPPPJ that includes specific types and sources of stormwater pollutants, determine the location and nature of potential impacts, and specify appropriate control measures to eliminate impacts on receiving water quality from stormwater runoff. The SWPPP shall require treatment BMPs that incorporate, at a minimum, the required hydraulic sizing design criteria for volume and f/ow to treat projected stormwater runoff. The SWPPP shall comply with the most current standards established by the RWQCB, and the Lathrop Storm Water Program. Best Management Practices shall be subject to approval by the City Engineer and RWQCB.
Projed Requirement Hydro 2: Prior to approva/ of the building permit, the project applicant shall submit a detailed Stormwater Contro/ Plan constant with Genera/ Plan Action PFS- 4.5, and the criteria set forth in the Lathrop Stormwater Program.
Requirement N- 1: Implement Genera/ Plan Policy N- 1. 15, and Lathrop Municipal Code Section 8.20. 110 Construction of buildings and projectsJ.
N- 1. 15 Construction Noise. Require construction activities to reduce noise impacts on adjacent uses to the criteria identified in Table N- 3, or, if the criteria cannot be met, to the maximum extent feasible complying with Title 15 of the LMC ( Building and Construction) and use best practices. Construction activities outside of the permitted construction hours identified in the LMC may be approved on a case- bycase basis by the Building Official.
Lathrop Municipal Code Section 8. 20. 110 ( Construction of buildinss and proiects) " It shall be unlawful for any person within a residential zone or within a radius of five hundred ( 500) feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of ten p. m. of one day and seven a. m. of the next day, or eleven p. m. and nine a. m. Fridays, Saturdays and legal holidays, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefore has been duly obtained from the office or body of the city having the function to issue permits of this kind. No permit shall be required to perform emergency work as defined in Sections 8. 20. 010 through 8. 20. 040. ( Prior code§ 99. 40)"
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS
I have read, understand and acknowledge the Conditions of Approval dated 9/ 13/ 2023
for
the Ashley Furniture Project.
C.-- ---
Signature of Applicant( s)
Aaron Hodgdon
Print Applicant( s) Name
9/ 6/ 2023
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PLANNING DIVISION
Vicinity Map
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rti, CUP- 23- 08, and SPR- 23- 09 N
Conditional Use Permit and Site Plan
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i Ashley Furniture Project
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s f 14101 S. Manthey Road
APN: 192- 020- 14
T t s e
ATTACHMENT " 5 "
s e urn ure
PROJECT SPECIFIC SITE PLAN REVIEW APPROVAL
Case No. SPR- 23- 09
Development Team
Applicant Hodgdon Management and Construction, Inc.
1461 E Cooley Dr, Ste 230
Colton, CA 92324
Developer Hodgdon Management and Construction, Inc.
1461 E Cooley Dr, Ste 230
Colton, CA 92324
Architect HPA Architects
18831 Bardeen Ave
Irvine, CA 92612
Civil Engineer/ Landscape MacKay & Somps
5142 Franklin Dr, STE B
Pleasanton, CA 94588
Traffic Engineer TJKM
4305 Hacienda Dr, STE 550
Pleasanton, CA 94588
Acoustical Consultant— Noise Saxelby Acoustics
Assessment 915 Highland Pointe Drive, STE 250
Roseville, CA 95678
CEQA Consultant and Air Toxics De Novo Planning
Health Risk Assessment 1020 Suncast Ln, # 106
EI Dorado Hills, CA 95762
1 TABLE OF CONTENTS
A. REQUESTAND PROPERTY DESCRIPTION.................................................. 3 B. PROJECT DESCRIPTION ............................................................................... 3 C. PERMITTED USES.......................................................................................... 4 D. SITE DETAILS ................................................................................................. 5 E. ARCHITECTURAL DESIGN ............................................................................ 7 F. SITE DESIGN CRITERIA................................................................................. 7 G. LANDSCAPING............................................................................................... 7 H. EMPLOYEE AMENITIES..................................................................... 8 I. GRADING AND DRAINAGE............................................................................. 8 J. UTILITIES AND INFRASTRUCTURE. .............................................................. 9 K. PROJECT SCHEDULE........................................................................ 9 L. SUMMARY........................................................................................ 9 2 ASHLEY FURNITURE
Project Specific Site Plan Review Approval Narrative
A. Request and Propertv Description
The applicant is requesting a conditional use permit for the development of a new integrated, high- quality warehouse/ light industrial/ retail office development on approximately 89. 5- acre property located at the northwest corner of Dos Reis Rd and Manthey Road ( the " Property"). The proposed development will support the expansion needs of an international company specializing in uses that include light-industrial, warehouse and distribution, office, and retail sales of targeted bulk consumer goods.
The 2022 Lathrop General Plan Update designates the Property within an industrial area in the Central Lathrop Phase II area. The City of Lathrop is currently processing the Central Lathrop Specific Plan Phase II amendment and rezoning to implement the new General Plan Update designation for this area. The Property was formerly agricultural but now currently fallow. The Property is bound by fallow agricultural land directly to the north and De Lima Rd & Manthey Rd and Interstate 5 freeway to the east.
The Property' s western boundary is vacant, fallow agricultural land and the south boundary is Dos Reis Rd adjacent to vacant commercially zoned land and mixed vacant land and commercial/ residential.
B. Project Description
The proposed development includes an approximately 1, 486,607 square foot single or multi- tenant building with a mix of retail, office/ call center, and warehouse and distribution uses ( the " Project").
The Project is anticipated to be an attractive, high- quality development that will provide substantial employment opportunities within the City of Lathrop, including up to 500 diverse jobs at full operation.
The Project consists of a single building, with a mix of tenant-related uses. The primary mix of uses within the Project building include an up to 100, 000 square foot retail showroom, a 24,000 square foot, 2- 3 story office space consisting of call center and a regional office for up to 50 people. Warehouse and distribution uses will comprise the balance of the 1, 352, 347 square feet. The proposed building' s height is approximately 50 feet, with architectural features that may extend to approximately 60 feet.
Vehicular & Truck access to the Property is proposed via four ( 4) access drives; one 1) access drive on Manthey Rd at the far northeast corner is dedicated for truck ingress/ egress onto and from the Project. One ( 1) public and employee vehicular access mid- block on Manthey Rd is proposed for ingress/ egress of the public and employees' access to the retail and office. Two ( 2) additional access points are 3 proposed along Dos Reis Rd with the most eastern access proposed for public vehicular access to the retail and customer pick- up areas located at the southeast corner of the building. A fourth and final access is closed to the public and trucks and is reserved only for emergency vehicle access. Per the Traffic Impact Analysis completed by TJKM as a part of the Site Design Review package approval the project is expected to generate 680 daily truck trips including 95 a. m. peak hour trips and 45 p. m. peak hour trips.
The developer will widen Dos Reis Road and Manthey Road to their ultimate condition and compliant with the Central Lathrop Specific Plan Phase 2 Amendment CLSP 2). Landscape and sidewalk improvements beyond the back of curb along the southern portion of Dos Reis Road will be constructed by future developers of the adjacent properties.
Per the Traffic Impact Analysis completed by TJKM as a part of the Site Design Review package approval the project is expected to generate 680 daily truck trips including 95 a. m. peak hour trips and 45 p. m. peak hour trips.
Once customers are on site, internal circulation roads will route them to the retail entrance in the center of the building. For furniture pick up, customers are directed to a separate waiting area labeled on the plan as " Customer Pick- up", (" CPU") located on the southeast corner of the building where customers will be guided to the CPU office and their pickup location.
Hours of operation will vary among the distribution, call center, and retail portions of the development. Retail hours are anticipated to align with the typical store hours of other Ashley Furniture locations in the Bay Area, running from 9: 00 am to 9: 00 pm 7 days a week. However, these hours are subject to change with final design.
The call and distribution centers are expected to have a broader range of operating hours, accommodating several shift changes throughout the day to ensure efficient operations. The specific number of shifts and their timeframes will be determined during the final design phase, considering operational requirements and workforce needs.
During final design, more detailed information regarding the hours of operations, the number of shifts, days of operation and the specific timeframes of shifts will be provided.
C. Permitted Uses
I. Permitted land uses for the Project include:
1. Call center
2. General retail sales
3. Office
4. Outdoor trailer parking
5. Outdoor storage associated with an on- site primary use, excluding vehicles
4 6. Sale of products including those assembled on- site as well as imported product
7. Retail showroom
8. Warehousing and Distribution
D. Site Details
I. Liqhtinq
Light levels are not to exceed 1- foot candle at the property line. All proposed site lighting will comply with city zoning requirements.
II. Screeninq
The project proposes a 30-foot landscape buffer along the Dos Reis Road project frontage, in accordance with the Central Lathrop Specific Plan Phase 2 Amendment CLSP 2). To further enhance screening for trailer parking areas, an 8- foot-tall community wall is proposed along the right-of-way of Dos Reis Road at the project frontage. Additionally, the project proposes an increased number of deciduous trees between the 8- foot paved sidewalk and the 8- foot-tall community wall. This condition will extend along the south boundary of the property until the first driveway east of the proposed Dos Reis Road and Golden Valley Parkway roundabout. Proceeding north along Manthey Road, the tree spacing, and landscape design will transition to a less dense arrangement typically found in retail areas.
III. Air Qualitv Best Manaqement Practices
The project demonstrates compliance with the City of Lathrop General Plan Best Management Practices, as outlined in Implementation Action LU- 5. d. The following measures have been implemented to align with these practices:
The 30-foot landscape buffer described in section D. II provides a physical and structural buffer between possible sensitive receptors and the warehouse/ trailer parking area.
Sufficient onsite parking and queuing locations have been included in the project site plan, accommodating multiple truck lengths. This design ensures that trucks do not idle within public right- of-way.
The project site plan is designed so that truck ingress/egress is largely isolated to the most Northeastern corner of the development along Manthey Road.
Generous setbacks have been incorporated between loading docks and property lines.
In areas where trailer parking is present, a community wall has been strategically placed along visible sections of right- of-way and property lines to screen views.
5 Wayfinding signs have been specifically designed and positioned at truck ingress/ egress locations, clearly indicating that truck traffic is restricted to Roth Road only.
IV. Walls & Fences
See Screen Wall & Fencing Plan; Sheet DAB- A4. 2
V. Parkinq Standards
On- site parking for the Project shall be provided in accordance with Table 1 below:
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6 E. Architectural Desiqn
The architectural character of the development will have a high- tech contemporary appearance. This will be established using clean edges and forms, and colors. The development' s east elevation, facing Manthey Rd & Interstate 5, will convey a high- quality office/ retail appearance while maintaining key functions, including customer pick- up areas along the southeast elevation. This is achieved with glazing to indicate an office appearance and clerestory windows along the upper portions of the fa ade. Please refer to the conceptual building elevations on Sheet DAB-A3. 3.
The conceptual building elevations include strong architectural forms and distinct design elements, such as accent shading features, variations in parapet height and colors. Collectively these provide for enhanced visual interest and varied building massing, to create distinctive points of entry for users. A combination of concrete tilt up wall panels with a series of reveals and patterns in the tilts will accent the building elevations. Curtain wall glazing systems at each entry location will highlight the material variation, with portions that reach a high elevation to accommodate two to three- story office/retail within the building. These various treatments will be incorporated into the project design to provide variation and texture to the building fa ade.
F. Site Desiqn Criteria
The conceptual site plan orients the Project to Manthey Rd. Public access to the Property will be provided via Manthey and Dos Reis Roads in the locations shown on the site plan. These points of access and internal circulation provide good access to users, employees, and customers. Generous landscaping along Dos Reis effectively screens the south elevation from Dos Reis Rd, while dense and tasteful landscape accents the east elevation and the retail portion of the project.
Dedicated truck access located at the very northeast corner of the property is the only access point for ingress and egress of truck traffic. Trucks are restricted from going south of this access point and will come from and to the north towards Roth Rd interchange only.
The conceptual site plan identifies approximately 2, 046 parking spaces provided throughout the development. Parking for trucks and employees is provided behind secured, gated access points as depicted on the conceptual site plan. Approximately 1, 104 trailer parking spaces are provided behind secured, gated access points.
G. Landscapinq
Project landscaping will be consistent with the Site Plan Review package' s landscape plan and area renderings included for conceptual design. The landscape design along rights-of-way and parking areas will be consistent with the Central Lathrop Specific Plan 2 Amendment ( CLSP 2) and city zoning requirements for retail. The landscape design in stormwater quality areas will be compliant with the Multi- Agency Post-Construction Stormwater Standards Manual.
7 Vehicular entries and street frontages will provide a format entry design sequence, including the use of "offset" of trees along with formal masses of shrubs and groundcovers. The project will match the City of Lathrop' s retail design criteria for retail along Manthey Rd. The city' s criteria identify London Plane Tree and Chinese Flame trees as primary and secondary trees. A more diverse plant palette will be used.
Additional street trees along the Dos Reis Rd frontage include Deodar Cedar, and Chinese Flame trees. Massed shrubs will further screen perimeter screen walls around the Project perimeter and colorful accent shrubs and groundcover plantings will be used around all signage.
The landscape design in proximity to the building will complement the building' s high- tech contemporary appearance, as well as the size. Trees and shrubs will provide pedestrian shade and visual interest and will contrast the architectural pop- outs to provide human scale at the entries. Pedestrian walks that connect the Project and parking lots to storefront entries will be appropriately shaded.
H. Emplovee Amenities
Employee outdoor break areas with shading and benches/ seating have been incorporated into the site plan to allow employees an outdoor space to enjoy break periods. Employee break areas are compliant with the Design Guidelines ( Chapter 7) section of the Central Lathrop Specific Plan 2 Amendment ( CLSP 2).
I. Gradinq and Drainaqe
The grading and drainage plan for the Property will comply with the City of Lathrop' s drainage design standards and the Multi- Agency Post- Construction Stormwater Standards Manual. Storm drainage will be conveyed via internalized roof drains and downspouts, as well as overland flow across the parking lots and truck dock areas. This flow will be directed to curb openings at stormwater quality treatment areas distributed throughout the site. These treatment areas will effectively treat stormwater before it is discharged into the site' s storm drain system. Ultimately the onsite storm drain system connects to the existing Watershed 4 storm drain line in Dos Reis Road where that storm water continues west to the existing storm drain pump station at Stanford Crossing and Spartan Way. The stormwater quality treatment areas and the underground storm drainpipe system have been sized to together accommodate a 100- year storm event.
8 J. Utilities and Infrastructure
The City of Lathrop will provide water to the Property via a 12- inch public waterline within Golden Valley Parkway. The project proposes new 12- inch public water lines in Manthey Road and Dos Reis Road.
The City of Lathrop will provide storm sewer and wastewater treatment service.
There is an existing sewer main within Golden Valley Parkway. It is anticipated that existing sewer main is to provide a gravity sewer connection to the Property.
K. Proiect Schedule
The design phase of the project is expected to begin immediately after the public approval of the Central Lathrop Specific Plan 2 Amendment, Site Plan Review Package, and Conditional Use Permit. Assuming an ImprovemenUGrading Plan approval in the first half of 2024 construction is expected to commence in the second half of 2024.
L. Summary
The proposed development will provide benefits to the City of Lathrop by adding a diversity of up to 500 new jobs at full operation involving a significant capital investment more than $ 100 million, and anticipated retail sales exceeding $ 30 million annually and will activate an undeveloped, long- term vacant parcel of land with a quality use that will provide considerable sales tax revenues and other economic benefits to the City of Lathrop.
This Project implements the General Plan, Central Lathrop Specific Plan Phase 2 Amendment ( CLSP 2), zoning, and Design Guidelines that encourage site development and architectural design that will be integrated with the surrounding mixed use residential development. The project' s frontage improvement of Dos Reis Road and Manthey Road into their ultimate condition including the landscape buffer previously mentioned along Dos Reis Road will positively influence the area. In summary, this proposal is consistent with the City' s long- term vision for this area, it is compatible with the surrounding area.
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Attachment 10
Ashley Furniture Project CUP- 23- 08 and SPR- 23- 09
Environmental Checklist, prepared by De Novo Planning Group, dated August, 2023
Due to the size of this document, it has not been reproduced in the staff report. A copy of the Environmental Checklist is available for viewing and download on the City' s website at the following links:
Environmental Checklist without Appendices:
https:// www. ci. lathrop. ca. us/ sites/ default/ files/ fileattachments/ comm unity development/ pa e/ 5622/ lathrop ashley warehouse 15183 no appendices. pdf
Environmental Checklist with Appendices:
https:// www. ci. lathrop. ca. us/ sitesJdefault/ files/ fileattachments/ comm unity development/ pa e/ 5622/ lathrop ashley warehouse 15183 cle an• pdf
The Environmental Checklist can also be viewed at the following link:
https:// www. ci. lath rop. ca. us/ com- dev/ pa e/ pu bl ic- review- docu ments Individuals that are unable to access the Environmental Checklist at the website listed above or would require a computer disk or thumb drive containing a copy of the document should contact Planning Staff at plannin @ci. lathrop. ca. us or ( 209) 941-7290 to obtain a copy.
ATTACHMENT " "
CITY OF LATHR P
PLANNING CO VIMISSION RE54LL'TION NO. 23- 13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP
RECONLMENDING THE CITY COUNCIL FIND THE PROJECT EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW PURSUANT TO PUBLTC RESOURCES CODE SECTION 21083. 3 AND CEQA GUIDELINES SECTION 15183 AND APPROVE THE CONDITIONAL USE PERiVIIT AND THE SITE PLAN REVIEW FOR THE PROPOSED ASHLEY FURNITURE PROJECT { CUP- 23- 08 AND SPR- 23- 09} WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit and Site Plan Review pursuant to the Lathrop Municipai Code; and
WHEREAS, the request is for approval of a Conditional Use Permit and Site Plan Review to allow the construction of an approximately LS million square foot concrete tilt-up building and all necessary supportin infrastruckure on property located tvithin the Central Lathrop Specific Plan Phase 2 Amendment area as further defined below in the third recital { the proposed Project); and WHEREAS, the pcoperry is located at 14101 S. Manthey Road ( APN: 192- 020- 14) ( the property); and
WHEREAS, grior to the City' s approval of the 2022 General Plan Update, the City prepared an Environmental Impact Report ( EIR) which analyzed the environmental impacts of buildout under the General Plan Update pursuant to the Califarnia Environmental Quality Act ( CEQA) ( Public Resources Code Section 21000, et seq.), and the City of Lathrop City Council certified the Final EIR on September 19, 2022 ( Skate Clearinghouse # 2021 100139); and WHEREAS, the analysis in the General Plan Update EIR allows the use of CEQA exemptionistreamlining provisions for projects developed under the General Plan Update, including the proposed Project; and
WHEREAS, an Environmental Checklist has been prepared for the proposed Project, which is attached to the Planning Commission Staff Report as Attachme t 9 and can also be found in the Planning Division project files located at 390 Towne Centre Drive, Lathrop, CA 95330; and WHEREAS, the Planning Commission finds that the proposed Project is consistent with the Limited Industrial land use goals and policies of the City of Lathrop General Plan and is also consistent with the development standards for the II,-CL, Limited Industrial Zoning District and the Central Lathrop Specific Plan Phase 2 Amendment as further implernented throLigh the Zoning Code Text Amendment; and
PlanninG Commission Resolution ltiro. 23- 13 Pa¢ e 1 of S WHEREAS, proper notice of this public meeting was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about September 1, 2023, mailed the public notice to notify property owners located within a 300- foot radius from the project site boundary, emailed to the City' s Public Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website; and WHEREAS, the Plannin Commission has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE BE IT RESOLVED, the Pianning Commission of the City of Lathrop does hereby make the following findings:
1. California Envzronmental Quality Act ( CEQA) Findings. Pursuant to Public Resources Code section 21083, 3 and CEQA Guidelines section 15183, the Planning Commission finds as follows:
a. The project complies with CEQA based on the CEQA exemption/ sCreamlining provisions contained in Public Resources Code section 210$ 3. 3 and CEQA Guidelines section 15183;
b. Pursuant ro the Planning Commission Staff Report and the attachments and exhibits thereto, including but not limited to, the CEQA Initial Study Checklist, which are incorporated herein by reference, the proposed Project will not result in any significant impacts that: 1) are peculiar to the project or project site; 2) were not identified as significant project- level, cumulative, or off-site effects in the General Plan Update EIR; or 3) were previously identified significant effects, which as a result of substantial new information that was not known at the time that the General Pian Update EIR was certified, are determined to have a more severe adverse impact than discussed in the General Plan Update EIR.
As a result, pursLlant to Public Resources Code section 210$3. 3 and CEQA Guidelines section 15183, the proposed Proj ct is exempt from further environmental review under CEQA.
c. All applicable General Plan Update policy and implementation actions and uniformly applied develapment policies, standards andlor regulations are, hereby imposed on the proposed Project and must be adhered to by the Project applicanc. To the extent the City has not previously made findings regarding any/all ofthose referenced General Plan policy and implementation actions and uniformly applied development policies, standards and/ or regulations, the Planning Commission hereby finds that all ofthose General Plan Update policy and implementation actions and unifarmly applied development policies, standards andlor regulations, were adopted, in whole or in part, to substantially mitigate the patential environmental effects to which they pertain ( i. e., aesChetics, agriculttaral and forest resources, air quality, biological resources, cultural and tribal resources, geology and soils, greenhouse gases, climate change, and energy, hazards and hazardous materials, hydrology and water Ptanning Commission Resotution No. 23- 13 Page 2 of 5
quality, land use, population, and hoiising, mineral resources noise, public services and recreation, circulation, utilities and services systems, and wildfire).
2. Conditional Use Permit Findin s. Pursuant to Section 17. 112. 060 of the Lathrop Municipal Code ( LMC), the Planning Comnussion finds as follows:
a. That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.
The proposed Project represents a 17tcajor expc nsion of the existirag Ashley Furr iture Distrib ation Center and Retail Outlet locatec of S Harlan Roctd.
The proposed Project is consist rzt 4vith the City' s developmefat staradnj- ds for Limited Industrinl.
b. That the proposed location of the conditional use is in accordance uith the objectives of the zoning code and the purposes of the district in which the site is located. The roposed project is located in the IL- CL, Linaited Indctstrial Zoning District ayad the Ceritral Lc throp Specific Plan Phtise 2 Amend nent aren and is a per-rnitted aise tivithitl the zoraitzg district fof- tivhich it is lnccited c s fi rther estnblished in the Zofairag Code Text Ameradrraent. c. That the proposed use will comply with each of the applicable provisions of the LMC, as amended. As aoted aUove nnd as lescribed ira the Stnff RepoYt, the proposed project is i permitted aise irt the IL- CL, L'imited Indcrstrial Zoniiag District and is co isiste at with tlae nppliccable provisions in the LMC, incli ding screening reqciirenzents ir.rsaiant to the Cerztral Lathrop Specific Ptan Phnse 2 Arnerzd netxt. Additionallti, the Geraeral Plan rec t ired atpdates to the LMC cirzd Ce ztrc l Lnthrop Specific Plar Phase 2 in orc er to ensa re that 2etiv developrnent is corr pc tible ivith e
ristirzg developmc zt ( Goal LU- J j. The
pr oposed project is corzsistent ia ith t te LMC, Policies ayad Inapleynerztation Actioyas of'the General PTnn as it relc tes to truck tra.f'fie impc cts artc land use cornpc tibility.
3. Site Plan Review Findin s. Pursuant to Section 17. 100. 050 of the Lathrop Municipal Code LMC), the Planning Commission finds as follows:
a. The proposed Site Plan Review complies wiCh all applicable provisions of Chapter 17, 100;
b. The proposed Site Plan Review is consistent with the site improvements listed in Chapter 17. 1T 0 ( a. through i.) and improvements are such that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will not be adverse effects on surrounding properties; Planning Commission Resolution No. 23- 13 Pabe 3 of
c. Proposed lighting for the project area is so arran ed as to deflect away from adjoining properties; and
d. The proposed Site Plan Review is compatible with surrounding land uses and will not be detrimental to the health, safety and general welfare of the City as further evaluated in the Environmental Checklist.
BE IT FURTHER RESOLVED, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, the Lathrop Planning Commission does hereby recommend that the Lathrop City Council approve Conditional Use Permit No. CUP- 23- 08 and Site Plan Review No. SPR- 23- 09, subject to the Conditions of Approval listed in Atkachment 2 of the September 13, 2023 Staff Report and incorporated by reference herein.
Planning Commission Resolution o. 23- 13 Pa e 4 of 5
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a Special meeting on the 13 hday of September, 2023 by the following vote:
AYES: Ishihara, Camarena, Jackson, Rhodes
NOES: None
ABSTAIN: None
ABSENT: Ralmilay
Tos Ishihara, h"ai
ATTEST: APPROVED AS TO FORM:
ick Ca t, Secretary Salvador Navarrete, City Attorney
Plannina Commission Resalution No. 23- 13 Page 5 of 5
ATTACHMENT " Z "
1 u X LP T 570. 836.4200 1939 Harr son Street, Ste. 150 www. lozeaudrury, com t F 510. 836.42fl5 Oakland, CA 94612 michaelC" lozeaudr irycom n`
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BY E- MAIL
September 13, 2023
Rick Caguiat
Community Development Director
Planning Commission Secretary
Community Development Department
390 Towne Centre Drive
Lathrop, California 95330
planninq a ci. lathrop. ca. us
Re: Comment on Planning Commission Agenda Items No. 8. 3 Regarding the Ashley Furniture Project (Conditional Use Permit No. CUP-23- 08; Site Plan Review No. SPR 23- 09)
Dear Mr. Caguiat and Honorable Members of the Planning Commission:
I am writing on behalf of Laborers' International Union of North America, Local Union No. 73 (" LIUNA") regarding the proposed Ashley Furniture Project proposed to be located at the northwest corner of Dos Reis Rd and Manthey Road. The Planning Commission staff have determined that the project is exempt from the requirement for preparation of environmental documents pursuant to California Environmental Quality Act ("CEQA") Guidelines, Section 15183 and Public Resources Code § 21083. 3.
However, after reviewing the Environmental Checklist and relevant appendices prepared for the Project, and the 2022 General Plan Update EIR that the Project relies upon, we conclude that the Project does not meet the requirements for an exemption under CEQA Guideline § 15183 and PRC § 21083. 3. LIUNA respectfully requests that the Planning Commission not recommend approval of each of the agenda items addressed by the proposed exemption and, in particular, the proposed Ashley Furniture Project, and instead request staff to prepare the necessary environmental documents under CEQA.
I. PROJECT DESCRIPTION
The Project proposes to construct and operate a 1, 486,607 square foot industrial building including a mix of retail, office/call center, and warehouse and distribution uses.
About 110, 000 square feet would be dedicated to retail use, 24, 000 square feet to office and call- center uses, and 1, 352, 347 square feet to warehouse and distribution center uses.
Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
The Project proposes to construct approximately 2, 046 parking spaces throughout the development site, with 942 spaces for passenger vehicles and 1, 104 spaces for truck trailer parking. The Project expects to generate 2, 798 daily passenger vehicle trips, including 203 a. m. peak hour trips ( 124 inbound, 79 outbound) and 255 p. m. peak hour trips ( 110 inbound, 145 outbound) for passenger vehicles. Another 680 daily truck trips also are expected, including 95 a. m. peak hour trips and 45 p. m. peak hour trips.
II. LEGAL STANDARD
To achieve its objectives of environmental protection, CEQA has a three- tiered structure. 14 CCR § 15002( k); Committee to Save the Hollywoodland Specific Plan v.
City of Los Angeles ( 2008) 161 Cal. App. 4th 1168, 1185- 86 (" Hollywoodland"). First, if a project falls into an exempt category, or it can be seen with certainty that the activity in question will not have a significant effect on the environment, no further agency evaluation is required. Id. Second, if there is a possibility the project will have a significant effect on the environment, the agency must perform an initial threshold study.
Id.; 14 CCR § 15063( a). If the study indicates that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment the agency may issue a negative declaration. Id.; 14 CCR §§ 15063( b)( 2), 15070. Finally, if the project will have a significant effect on the environment, an environmental impact report (" EIR") is required. Id.
Here, since the City purports to exempt the Project from CEQA entirely, the first step of the CEQA process applies. " Exemptions to CEQA are narrowly construed and e] xemption categories are not to be expanded beyond the reasonable scope of their statutory language." Mountain Lion Foundation v. Fish & Game Com. ( 1997) 16 Cal. 4th 105, 125. The determination as to the appropriate scope of an exemption is a question of law subject to independent, or de novo, review. San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School Dist., 2006) 139 Cal. App. 4th 1356, 1375 ("[ Q] uestions of interpretation or application of the requirements of CEQA are matters of law. Thus, for example, interpreting the scope of a CEQA exemption presents ` a question of law, subject to de novo review by this court."') Here, the City proposes that the Project is exempt from CEQA review under Section 15183 and PRC § 21083. 3. However, as discussed below, the use of these streamlining provisions is improper, and instead, a full CEQA analysis, such as an EIR, must be prepared for this Project.
Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
III. DISCUSSION
a. The City Incorrectly Applied CEQA' s Section 15183 Categorical Exemption to the Project and Thus a Full CEQA Analysis is Required.
Section 15183 of the California Environmental Quality Act allows a project to avoid environmental review if it is " consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified . . . except as might be necessary to examine whether there are projectspecific significant effects which are peculiar to the project or its site." 14 CCR 15183 ( emphasis added). See PRC § 21083. 3( b). The intention of this section is to streamline[]" CEQA review for projects and avoid the preparation of repetitive documents. While the City refers to these provisions as exemptions from CEQA, environmental review is still required for various types of impacts, including those peculiar to the project or parcel on which the project would be located," those which were not analyzed as significant effects in a prior EIR," " are potentially significant offsite impacts and cumulative impacts which were not discussed in the prior EIR," or a] re previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR." Section ( fl of section 15183 states that a Project' s environmental effects are not peculiar to a project if" uniformly applied development policies or standards have been previously adopted" which serve to mitigate environmental impacts, " unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect." The standard set forth by the statute for this analysis is substantial evidence.
Here, there is substantial evidence demonstrating that the Project will have significant impacts which were not addressed in the EIR prepared for the 2022 General Plan Update. Section 15183 therefore does not apply, and the City must prepare appropriate CEQA documents for this Project.
b. The City Must Prepare a Statement of Overriding Considerations With Regard to This Project.
The 2022 General Plan Update concluded that several of the impacts identified as a result of the General Plan Update project were significant and unavoidable. These impacts included agricultural resources, air quality, greenhouse gas, and traffic noise impacts. In the Environmental Checklist prepared for the Project, the City acknowledges these significant and unavoidable impacts, but states that:
Impacts from buildout of the General Plan including cumulative impacts associated with development and buildout of the CLSP Phase 2 plan area Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
and the warehouse Project site, as proposed, were fully addressed in the General Plan EIR ( State Clearinghouse No. 2021100139), and implementation of the proposed project would not result in any new or altered impacts beyond those addressed in the General Plan EIR.
EnvYl Checklist, p. 13. Similar statements are repeated for each of the specific unavoidable significant impacts. This conclusion does not, however, address all of the City' s obligations to grapple with acknowledged significant and unavoidable cumulative impacts.
In the case of Communities for a Better Environment v. Cal. Resources Agency, the court of appeal held that, although tiering may allow a later project to rely on the environmental analysis contained in a prior program- level EIR, that procedure does not relieve the agency of acknowledging the significant and unavoidable impacts and reconsidering its statement of overriding considerations. As the Court explained:
The section appears to allow an agency, in approving a later project that has significant unavoidable impacts, to forego making a statement of overriding considerations specifically tied to that project. This is contrary to CEQA law. CEQA section 21094, subdivision ( d) requires agencies that approve a later project to comply with CEQA section 21081. Under CEQA section 21081, an agency approving a project with significant environmental effects must find that each effect will be mitigated or avoided, or "that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the ... effect[] ..,." 65 The requirement of a statement of overriding considerations is central to CEQA's role as a public accountability statute; it requires public officials, in approving environmentally detrimental projects, to justify their decisions based on counterbalancing social, economic or other benefits, and to point to substantial evidence in support. ss Under Guidelines section 15152( fl( 3)( C), however, an agency apparently could adopt one statement of overriding considerations for a prior, more general EIR, and then avoid future political accountability by approving later, more specific projects with significant unavoidable impacts pursuant to the prior EIR and statement of overriding considerations. Even though a prior EIR's analysis of environmental effects may be subject to being incorporated in a later EIR for a later, more specific project, the responsible public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts.
Communities for a Better Env't v. California Res. Agency, 103 Cal. App. 4th 98, 124- 25, 126 Cal. Rptr. 2d 441 ( 2002), as modified ( Nov. 21, 2002), and disapproved of on other grounds by Berkeley Hillside Pres. v. City of Berkeley, 60 Cal. 4th 1086, 343 P. 3d 834 2015).
Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
The same reasoning applies to the implementation of Pub. Res. Code § 21083. 3 and 14 Cal. Admin. Code § 15183. The Project, based on its reliance on the 2022 General Plan Update EIR, will have cumulative impacts on agricultural resources, air quality, greenhouse gas emissions, and traffic noise. Although sections 21083 and 15183 provide for streamlining of the environmental review of a subsequent project, neither section relieves the City from its obligation to make a statement of overriding considerations for the Project. PRC § 21081. Prior to recommending the Project and applying the streamlining provisions, the Planning Commission should prepare a statement of overriding considerations supported by substantial evidence and which evaluates whether any additional feasible mitigation measures applicable to this specific project should be required in order to address the acknowledged cumulative impacts. c. The Project Will Have Project- Specific Significant Effects Which Were Not Addressed in the 2022 General Plan Update EIR.
LIUNA is concerned that a number of significant environmental impacts peculiar to the Project were not addressed in the 2022 General Plan Update EIR. As a result, Pub. Res. Code § 21083. 3 and 14 Cal. Admin. Code § 15183 do not apply and either a mitigated negative declaration or EIR must be prepared to address these unanalyzed impacts.
i. Biological Resources
According to the 2022 General Plan EIR, the federally- listed, endangered valley elderberry longhorn beetle ( Desmocerus californicus dimorphus) did not occur within one-mile of the planning area. GP EIR, p. 3.4- 15. As a result, there is no focused discussion in the 2022 General Plan EIR on any impacts to this federally- listed species.
In general, the 2022 General Plan EIR concludes that there will be no significant impacts to listed species from the General Plan' s implementation. GP EIR, p. 2. 4- 28 —
3. 4- 29. The valley elderberry longhorn beetle relies on a particular host plant for its survival — the red or blue elderberry. See Biological Resources Analysis Report, p. 18.
The reconnaissance survey conducted for the Biological Resources Analysis observed a 6- foot by 15- foot elderberry shrub on the property. Id., p. 19. The presence of that host plant, the enhanced likelihood of the presence of the endangered valley elderberry longhorn beetle, and the heightened risk of adverse affects on the host plant or potentially present beetles are not addressed as a significant impact in the 2022 General Plan EIR and these effects are peculiar to the Project site. Pub. Res. Code § 21083. 3. Given these facts peculiar to the site, it " might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site." 14 CCR 15183.
Likewise, the observed presence of a Swainson' s hawk foraging on the project site and nesting within 20 feet of the site also results in obvious effects peculiar to the Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
project site, including not only the direct loss of foraging habitat but also disturbances from construction activities at the site and a dramatic increase in vehicles using Dos Reis Road to access the project once it is operational. Because impacts to Swainson' s hawks were not addressed as significant impacts in the 2022 General Plan EIR and impact to a Swainson' s hawk is peculiar to the site, those potential impacts must be addressed in a proper CEQA environmental review document and reliance on Pub.
Res. Code § 21083. 3 and 14 Cal. Admin. Code § 15183 is inappropriate.
Given the very limited reconnaissance- level survey performed on a single day at the Project site on May 5, 2021, LIUNA is concerned that there are numerous other listed and sensitive species foraging or located at the Project site. No effort has been made to determine the current presence of burrowing owls at the site. The past presence of red-tailed hawks and white-tailed kites foraging at the site also excludes the proposed streamlining exemption. A current and more robust survey of the Project site is necessary for the City to make any decision on these potential impacts based on substantial evidence.
In addition, the 2022 General Plan EIR does not identify the significant potential impact of the Project' s thousands of trucks and car trips on wildlife from vehicle collisions with wildlife. This impact is peculiar to the Project given its proposed 2, 798 daily passenger vehicle trips and 680 daily truck trips which will lead to wildlife collisions in the vicinity of the Project. Because this project-specific direct and cumulative effect was not addressed at all in the 2022 General Plan EIR, it must be addressed in an EIR or potentially a mitigated negative declaration for the Project. See PRC § 21083. 3( c) Nothing in this section affects any requirement to analyze potentially significant offsite impacts and cumulative impacts of the project not discussed in the prior environmental impact report with respect to the general plan").
ii. Energy
The 2022 General Plan EIR' s discussion of the General Plan' s energy impacts boils down to stating that by complying with California' s Building Energy Efficiency Standards (" CalGreen"), promoting the use of renewable energy sources and encouraging public transportation and bicycle use, and the fact that PG& E will generally make progress on adding new renewable energy sources to its portfolio, projects within the planning area will not have energy impacts. GP EIR, p. 3. 7- 41 — 3. 7- 42. The Environmental Checklist focuses on the Ashley Furniture Project' s compliance with CalGreen and PG& E' s long- term efforts. Env' t Checklist, p. 66. None of these considerations address the energy effects that are peculiar to a 1. 4 million square feet furniture distribution and retail center.
The standard under CEQA is whether the Project would result in wasteful, inefficient, or unnecessary consumption of energy resources. Failing to undertake " an investigation into renewable energy options that might be available or appropriate for a Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
project" violates CEQA. California Clean Energy Committee v. City of Woodland ( 2014) 225 Cal.App. 4th 173, 213. Energy conservation under CEQA is defined as the " wise and efficient use of energy." CEQA Guidelines, app. F, § I. The " wise and efficient use of energy" is achieved by "( 1) decreasing overall per capita energy consumption, ( 2) decreasing reliance on fossil fuels such as coal, natural gas and oil, and ( 3) increasing reliance on renewable energy resources." Id.
Noting compliance with the California Building Energy Efficiency Standards Cal. Code Regs., tit. 24, part 6 ( Title 24) does not constitute an adequate analysis of energy impacts. Ukiah Citizens for Safety First v. City of Ukiah ( 2016) 248 Cal.App. 4th 256, 264- 65. Similarly, the court in City of Woodland held unlawful an energy analysis that relied on compliance with Title 24, that failed to assess transportation energy impacts, and that failed to address renewable energy impacts. California Clean Energy Committee v. City of Woodland, 225 Cal.App.4th 173, 209- 13. As such, the General Plan EIR' s reliance on Title 24 compliance does not address the proposed furniture warehouse Project' s energy impacts. The energy effects of the Project are, by definition, peculiar to the Project. Given the vast expanse of roofing provided by the proposed Project, any evaluation of its energy impacts cannot ignore the obvious feasibility of an array of solar panels on the roof or covering the extensive parking proposed at the site.
Energy efficiency, in the context of the Proposed project and site would require the consideration and implementation of sufficient solar panels to meet all of the Project' s direct electricity demand, as well as solar power that would offset the considerable GHG and other air pollution emissions that will result from the thousands of trucks and cars driving to and from the Project every day once it' s operational.
The Environmental Checklist contains no discussion of the project' s cost effectiveness in terms of energy requirements. There is no discussion of energy consuming equipment and processes that will be used during the construction or operation of the project. The project' s energy use efficiencies by amount and fuel type for each stage of the project including construction and operation were not identified.
The effect of the project on peak and base period demands for electricity has not been addressed. As such, the Environmental Checklist' s conclusions are unsupported by the necessary discussions of the Project' s energy impacts under CEQA. An EIR or possibly a mitigated negative declaration must be prepared to assess these impacts. iii. Greenhouse Gases and Air Quality.
The 2022 General Plan EIR did not project air pollution emissions for any given project that would be allowed by the plan. Instead, it identifies the implementation measure in the General Plan that the City "[ review development, infrastructure, and planning projects for consistency with SJVAPCD requirements during the CEQA review process." GP EIR, p. 3. 3- 35 ( RR- 6a). The General Plan and the EIR go on to further require that:
Comment re: Ashley Furniture Project
City of Lathrop
September 13, 2023
Planning Commission Hearing
Require project applicants to prepare air quality analyses to address SJVAPCD and General Plan requirements, which include analysis and identification of:
A. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
B. Potential exposure of sensitive receptors to toxic air contaminants.
C. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
D. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.
Id. Although the Environmental Checklist purports to describe these evaluation efforts, the Checklist does not provide any of the input files for the air pollution modeling conducted for the proposed Project. Only the output files are provided.
Environmental Checklist, Attachment I, p. 162. Given the size of the warehouse and the number of expected daily truck trips, LIUNA is skeptical that the emissions forecasts identified for its construction and operation can be substantiated. Before making a recommendation to the Council, the Planning Commission should require staff and the applicant to share their input files for the CaIEEMod modeling in order for the public to be able to assess the accuracy of the model outputs and whether or not the ProjecYs may have a significant effect on air quality and GHG emissions and the extent of necessary mitigation measures as required by the General Plan.
IV. CONCLUSION
In light of the above comments, the City must prepare an EIR or, if appropriate, a mitigated negative declaration for the Project. LIUNA reserves its right to submit additional comments and evidence for any subsequent Planning Commission hearing or the City Council' s consideration of the Project. Thank you for considering these comments.
Sincerely,
t ;
Michael R. Lozeau
LOZEAU DRURY LLP