Lathrop City Council
November 13, 2023

591
Central] athrop Specific Plan— Phasc 2 Amendment Chapter Sv: Utiliries and Drainage Infrastructure Flood Protection and Storm Water degree of design fle bility be incorporated into Quality the drainage program. This flexibilit will allow sufficient latitude for each new development
Backgroatnd within the CLSP- 2 Amendment Plan tlrea to
r n e
sting levee along the San Joaquin River
design an internal system that meets its siteprotects the Plan r rea from flooding RD- 17 specific needs, so long as the design is consistent operates and maintains the levee. The Federal
th the overall CLSP- 2 Amendment Plan Area
Emergency Management Agency ( FEI 7A) has
vrainage Plan.
categorized the Plan Area as being in Zone X as
shown on Flood Insurance Rate Map ( FIRl Existiyag Conditions a ad Constrairtt.c panel numbers 06077C0605f and 06077C0610F. The CLSP area is part of a larger vatershed The Zone X definition relevant to the Plan rea known as " the Northern r rea" that includes is " areas protected by levees from 1% annual areas both east and vest of Interstate 5. chance flood".

The CLSP- 2 mendment Plan rea is about 20
Tlie RD- 17 levee system has been undergoing feet lower than the top of the adjacent San seepage berm and/ or other improvement repair/ oaquin River levee. Therefore, runoff must be upgrade projects to increase the resistance to pumped over/ through the levee. 1'o avoid under- seepage and through- seepage in order adverse impact to the levees near the CLSP Plan maintain compliance with applicable Federal, r rea, peak discharge is limited to 30% of the 100- State, and local standards. A minimum 120 foot ear flow rate from the vatershed as stated in the no- build" buffer along the levee as measured 2004 CLSP and CLSP FIR. Therefore, the from the levee toe is provided within the CLSP- CLSP- 2 Amendment incorporates on- site 2 mendment Plan Area to allow adequate space detenrion to store excess runoff during periods for future improvements if/ when needed. of peak storm acti ity.

RD- 17 has been working with the Department of Two storm drain outfalls to the San Joaquin ater Resources ( D rR) and the Central Valley River esist within the CLSP Plan Area. One Flood Protection Board ( CVFI' B) to eealuate outfall is located within the Phase 1 area and the options for providing 200- y- ear protection for the other is located within the Phase 2 area. The 1 Zossdale Tract including the CLSP- 2 ouCfalls are sized to accommodate the lmendment Plan :- 1rea. The 120' " no-build" development of the CLSP- 2 mendment Plan buffer within the CLSP-? mendment Plan rlrea Area.
provides sufFicient area to accommodate any
100- year improvements and any additional r1n e: isting storm cirain force main is located incremental improvements to provide 200- year within Dos Reis Road and connects existing protecrion in the future in conjunction with the development east of Interstate- 5 to tlie esisting Mossdale Tract 200- year flood protection outfall located at the end of Dos Reis Road. improvements to meet the urban level of flood
protection criteria. hen the Cit- approved the 2004 CLSP, runoff from the CI SP Plan Area was collected in a
Using design standards de elopedin cooperation system of shallow agricultural ditches, roadside with the City, the CLSP drainage improvement ditches, and percolation basins vith some small program vill provide for efficient discharge of private agricultural pumps that ciischarged vater runoff from a 10- year storm event while also to the San Joaquin River. However, public storm protecting the site from flooding during a 100- drain infrastructure is now available that was year storm event It is also desirable that a high built with Phase 1 of the CLSP. EYisting pipes Pagc 6-] 1
592
Central Lathrop Specific Plan— Phase 2 Amendment Chapter Six: UCilities 2nd Drainage Infrastructure are located at the northern end of Golden Valley Y/atershed" detention faciliues that Park-way just south of Dos Reis Road and at the hold the runoff; and northern end of Stanford Crossing.
r pump station and force main that
Shallow groundwater e sts throughout the
conveys water to an existing San Joaquin
CLSP- 2 Amendment Plan Area and is influenced River outfall structure. by both the water level in the river and subsurface flow from areas of higher elevation to the The CLSP- 2 Amendment Plan ilrea consists of east, as vell as local irrigation practices. Even two major drainage sheds with underground though the g,roundwater level may decline with a
storage pipes to reduce the peak discharge from
reduction in farming activities, it is expected that the Plan Area to the San Joaquin River. this high ground water condition vill generally atershed 4 is a part of both the Central Lathrop persist after development, impacting both Specific Plan Phase 1 and this Phase 2 Specific construction and the future operation of the Plan Amendment. The CLSP- 2 Amendment storm drain system. Infiltration into the storm proposes to modifj- the boundary of the etiisting pipcs through joints and underground structures atershed 4 to better align vith e sting property can Yesult in escessive pumping demands boundaries. See Figure 6. 5 for the eYisting throughout the life of the project. This impact watersheds and Figure G. 6 for the proposed will be reduced by proper installation of pipes vatersheds. having rubber gasket sealed joints.

The modification to the watershed 4 boundary
F3igh groundwater levels can also impact the will require additional storage which can be effectiveness of detention basins. To the eYtent accomplished with large diameter storin drain that groundwater enters the basins, the storage pipes.
available for the runoff is duninished. There are
no detention basins proposed, ho vever if a In addiuon to the added storage, a ne v 39cfs detention basin is proposed in- lieu of pump vill need to be added to the esisting Phase underground storage, the bottom of the basin 1 storm drain pump station. The pump station is vill be designed to maintain a minimum of two already- set up to accept the additional pump so feet of separation from groundwater or other phy-sical pump station modifications are not design measures vill be implemented such as ezpected.
impervious liners with sub drain systems.

The remainder of the CLSP- 2 Amendment Plan
The Storrye Collection System ea falls vithin / atershed 3. Large diameteY storm drain pipes vill be utilized to provide the
Runoff from the CLSI'-? r mendment Plan rlrea required underground storage. The underground is designed to discharge to the river through an pipe storage system locarion will be dispersed esisting outfall located near the south vest corner throughout the CI..SP- 2 Amendment Plan Area, of the CLSP- 2 Amendment Plan Area at the end th individual developments responsible for a of Dos Reis Road and the esisting outfall within
per acre proportional share of the overall storage
the Phase 1 area. " I'he existing outfalls are
requirement. A ne v pump station and force main
regional facilities. As shown on Figure 6. 7, the vill be constructed that will connect to an CLSP- 2 Amendment Plan 1rea will consist of a
esisting outfall structure. The existing outfall
system having the following three integtated
structzire will need to be retrofit to meet current
components. design standaYds. The e isting headwall is
etpected to remain in-place, but the esisting
Gravity lines that collect and deliveY
pipes connecting to the headwall will need to
surface runoff;
Page G- 12
593
Central Lathrop Specific Plan— Phase 2 Amendment Chaptcr Six: Utiliries and lltainage Infrastn cture removed and replaced near to the top of the 10 to 100- year Event-` hen the capacit of levees to increase the elevation of the pipes. New the underground system is exceeded during valves will also need to be added to the pipes as an intense storm event ( in escess of a tenrequired by the current design standards. The year event), water flows will be detained in Storm drain- system illustrated in Figure 6. 7 is underground storage pipes, designed for the conceptual and subject to change based on future 100- year storm event and distributed planning and engineering efforts. throughout the CLSP- 2 Amendment Plan Area. This design method keeps the Elow
The proposed stormwater collection system depth underground, within acceptable limits functions by discharging all runoff directly into i.e., one foot below floor elevations) and the the river up to the point where the runoff rate threat of flooding posed to private property exceeds the capacity of the pump station. Vhen is minixnized. 3n alternative design could be the rate of runoff eYceeds the pump station to allow the streets to flood and provide capacity, water " backs up" into the detention overland release by means of a descending pipes until the runoff rate declines and once gradient directing surface flow towards a again equals the capacity of the pump station. proposed detention basin. This type of The vater level in the storage pipes then design would require flow in the streets. decreases, emptying completely.
10 to 100- year Event with Pump Discharge
Based on a
preliminary design analysis the limited — The CLSP- 2 rlmendment Plan appro cimate volume of the underground storage Area storm drain system is also designed to and masimum allowable discharge rates are provide flood protection in circumstances summarized in Table 6. 3. Storage is based on the Yequiring a reduction in flow rates of the ma imum discharge Yate sho vn. system pumps that discharge into the San Joaquin River. The Central Valley F^ lood
T ble 6.3: Y atershed Detention Faczlitie. r ancl Paimp Protection Board and the Cit may limit river Station Si e.r
discharge to pre- development levels
atershed l xitnum Total whenever the river stage exceeds certain Pumping Storage flood elevations. ' hen pump discharge is Rate limited, the CI.,SP- 2 Amendment Plan rlrea
CFS _ lcre- feet must be able to accommodate the volume of 3 176.7 1. 53 a 100- year, 24- hour storm without flooding 4 78. 6 1736 buildings. Under these e treme
Total 255. 3 18. 89 circumstances, the volume of water that Floo l Proleilzon must be stored in thc Plan 11rea may- e: ceed the capacity of the detention facilities and
t1 key element of the CI, SP- 2 Amendment Plan will be heldin the streets, parl ing lots and/ or 1rea storm drain system is its ability to handle other areas. the runoff that occurs during a high intensity
storm. " I'he drainage system provides mulriple The CLSP- 2 r mendment Plan 11rea grading layers of protection based on the severity of concept preserves the elevation of the streets storm events: within the watershed at appro imately the same elevation as eYisting conditions. During a rare
10- year Event - The underground system is condition, when the San Joaquin River is high designed vith capacity to accommodate the and the storm vater pumps must be reduced, the drainage flows anticipated to occur as a result underground storage allo vs runoff to be spread of a 10- year storm event.

Pagc 6- 13
594
entral], athrop Spccific Plan— Phasc 2 Amendment Chapter Six: Utiliries and Drai age InErastructure throughout the shed avoiding excessive depth of Inlet stenciling inundation in any one area.

Street sweeping
The 2022 Lathrop General Plan amendment
changing residential uses to I,united Industrial Stormwater treatment must meet the criteria of uses in the CLSP- 2 1lmendment Plan Area is the Multi-Agency Post Construction Stormwater consistent vith the floodplain management Standards Manual. Additional requirements may strateg included in the San Joaquin Area Flood be imposed on some industrial and commercial Control Agency ( SJAFCA) 200- year Fix- in- Place uses. levee improvement project for the Mossdale
Tract. It is anticipated that ne v public roads within the CLSP- 2 Amendment Plan Area will be treated
StormavaterQuality with roadside bioretention areas and storm vatet quality for the individual developments vill be i'he CLSP- 2 rlmendment Plan Area drainage treated onsite in bioretention areas, prior to
system will include features designed to ensure
discharging into the public storm drain system.
that the stormwater quality meets current water Per Section 1. 5 of the Multi- Agency Post quality standards in conformance with Phase II
Construction Stormwater Standards Manual
MS4 National Pollutant Discharge F_.limination
public roadway replacements and widenings System ( NPDES) Yegularions. Because the site allow for reductions and/ or exceptions in storm
discharges into the San Joaquin River, runoff
water qualit treatment requirements.
quality must also meet standards of d e
regulatory agencies.

The storm water runoff on Dos Reis Road
between Stanford Crossing and Golden Valley Runoff will be treated to the " maximum extent Parkway is exempt from storm water quality
practicable" bp unplementing appropriate source
requirements per Section 1. 5 ofthe 1 7ulti-t gency and treatment control Best Management Post Construction Stormwater Standards I Tanual
Practices ( BI iPs). These practices may include,
but are not limited to:
because the addition of traffic lanes results in an
alteration of 50° o or less ofthe eYisting Dos Reis
13ioretention Road impereious area in this section of roadway and the proposed 8' trail and bicy cle lane are
Infiltration basin graded to runoff to adjacent vegetated areas.

Similarly, the storm water runoff from Manthey
Underground water quality vaults ( i.e.,
Road is e. empt from storm water quality
CDS vaults)
Yequirements per Section 1. 5 ofthe 1 Zulti-tlgency
Post Construction Stormwater Standards Manual
Disconnected roof leaders ( i.e., roof
because tlle addition of traffic lanes results in an
leaders connect to " bubble- up" inlets in
alteration of 50% or less ofthe existing Manthey landscaped areas away from building Road impenTious area in this section of foundations rather than to the stortn
rovement and the proposed S' trail and
drain system) bicycle lane are graded to runoff to adjacent Swales
vegetated areas.

Section 1. 5 of the Multi-Agency Post
Do vnspout and/ or inlet filters Construcuon Stormwater Standards l lanual also allows for the reduction of storm water treatment
Porous Pavements
area required to treat runoff from Dos Reis Road
Yagc 6- 14
595
Central I,athrop Specific Plan— Phase 2 iAmendment Chapter Six: Utiliries and llxaina; e Infrastraetuce between Golden Valley Park vay and Manthey
Road because the addition of traffic lanes results
in an alteration of SO% or less of the eYisting Dos
Reis Road impervious area in this section of
roadway and the proposed 8' trail and bicycle
lane are graded to runoff to adjacent vegetated
areas.

It is likely other street replacements/ widenings in
the CLSP- 2 rlmendment Area will fall into these
reductions/ ezceptions categories in the future
reducing the required treatment areas for public
roadways as directed by the City.

Pagc 6- 15
596
Central]. athrop Specific Plan— Phase 2 Amendment Chapter Six: Urilities and llrainage Infrastructure Figure 6.S- Existing Watersheds
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CLSP- 2 Amendment Plan Ama Boundary
Fi ure 6. 5
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N. T. S. EXISTIN WATERSHEDS
Central Lathrop Specific Plan- Phase 2 Amendment
Lathrop, Ca

597
Central], athrop Specific Plan— Phase 2 Amendment Chaptet Six: Utiliries and Dcainage Infrastmcture Figure 6. 6- Proposed Watersheds
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CLSP-2 Amcndment P{an Arca Boundary
Fi ure 6.6
Ts~ PROPOSED WATERSHEDS
Central Lathrop Specific Plan- Phase 2 Amendment
a"`
Lathrop, Ca
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598
Central Lathrop Specific Ylan— Phase 2 Amendmcnt Chapter Six: Utiliries and Drainagc Infzastructurc Figure 6. 7- Stormwater Network
CENTRAL LATHROP SPECIFIC PLAN PNASE 2 AMENDMENT
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CLSP•? Anumclment Plaa Area Buuminry STORMtiVATER NET WORK N. T. S.

Central Lathrop Specific Plan- Phase 2 Amendment
a
Lathrop, Ca
I' age 6- 18
599
enCral l, athrop Spccific 1' lan— Nhase 2 Amendment Chapter Six: Utiliries and Drainagc Infrastn cture Public UtilityEasements and Utility underground in a joint trench vith gas and Cort' idots electric facilities.

For a discussion regarding the locarion and use
of public utility easements and utility corridors,
please refer to Chapter I'hree: Circulation and
Transportation.

Energyand Telecommunications
Poaver
Electrical senice will be provided to the CLSP- 2
I mendment Plan Area by Pacific Gas and
Electric ( PG& E). EYisting high voltage power
lines, within PG& F_, power line easements,
traverse through a portion of the CLSP- 2
rlmendment Plan rea. Exisung power lines
within the CLSP- 2 mendment Plan Area 1 are
shoccn on Figure G. 8.

It is anticipated that all eYisting overhead power
lines 34. 5Kv and under ill be relocated and/ or
be placed underground as the CLSP-?
Amendment Plan Area develops. New power
lines constructed to serve the Plan 1rea, as well
as all other utilities, will be installed underground
in a typical joint trench.

PG& E will ettend electricin service in a timely
manner to serve each development as needed
during the phased implementation of the CLSP2 rlmendment.

GGTS
PG& E will provide natuYal gas service to the
CLSP- 2 Amendment Plan Area. The CLSP- 2
rlmendment Plan Area ties into etisting natural
gas lines located within the CLSP Phase 1 area.

TelecommianicationeTelephone ser- ice, cable television service, and possibly high- speed data lines to the CLSP- 2
mendment Plan rlrea are to be provided by- the
appropriate utility- companies.

Telecommunicarion systems w-ill be located
Pagc 6- 1 9
600
Central], athrop Specific Plan— Phase 2 Amendment Chapter Six: Uriliues and Drainage Tnfrastructure Figure 6.8- Existing Power Lines
CENTRAL LA`I`HROP SPECIFIC PLAN PHASE 2 AMENDM,ENT
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Fi ure 6. 8
N
T s~ EXISTING POWER LINES
Central Lathrop Specific Plan- Phase 2 Amendment
Lathrop, Ca
L . ., , . .. _.-. .

Yage 6- 20
601
Centcal I, athiop Specific Plan— Phase 2 Amendment Chapter Seven: Design Guidelines Chapter Seven: Design Guidelines
Introduction Land Use
The Design Guidelines provide the vision for the A brief description and the vision of each land CLSP- 2 Amendment Plan Area by establishing use designation vithin the CLSP- 2 r mendment minimum standards for character, building Plan r rea are pro rided belo v:
design and landscape elements. The 2022
Ueneral Plan, the CLSP- 2 r mendment and the I. mited Iradrs.rtria! City' s 7oning Code, ensure a coherent well Envisioned as a prominent employmentthought out design for the CLSP- 2 rlmendment generating land use, this designation shall
Plan Area.
pro ide a high degree of functionality, including
The following guidelines provide site design and con renient access to major roadways. Buildings architectural standards, including provisions for Within this area may lil ely be warehouse, landscaping and sustainability efforts applicable manufacturing, assembly and repair- type to development within the CLSP- 2 tlmendment buildings. Careful consideration shall be placed Plan Area. r111 de elopment proposals in the
in the material, color, and scale of buildings as
CLSP- 3 Amendment Plan Area must adhere to
Well as the articulation of each fa ade. Although
the standards and guidelines set forth in this multiple industries vould likely be located in the amended specific plan.

CLSP- 2 c mendment_Plan rea, the architecture
styles of buildings should create cohesion and
These guidelines and standards are consistent compatibility across the CLSP- 2 mendment vith and provide a companion document to the Plan 3rea.

City' s Zoning Ordinance. Standards not
addressed in the CLSP- 2 Amendment shall be Open Space' P rks those set forth in the Lathrop l 2unicipal Code. The Open Space and Park uses are located along San Joaquin River and span the lengtll of the
Put'pose CLSP- 2 Amenciment Plan rea Project rlrea.

The purpose of the guidelines and standards for The existing Dos Reis Country Park vill remain, industrial development, park, and open space is th adciitional park areas proposed to connect to ensure consistency of design bet ieen the
to the open space corridor. The open space
various uses within the CLSP Plan l rea. corridor along the San Joaquin River is intended as a local communiry wide facilit with the
Z'hese guidelines provide for the development of possibility of regional linkage. This Open Space a well- designed project, that is compatible with Corridor would also provide the ability to adjacent land uses of the overall CLSP Plan Area, connect the CLSP- 2 Amendment Plan Area to and is designed to promote accessibility and CI, SP Phase 1 and other developments to the provides the ability for pedestrians and south. Though not required or mandated, alternative modes of transportation to, from and provision is made vithin this CLSP- 2 within the CLSP- 2 mendment Plan rea. lmendment for the construction and use of outdoor recreation facilities such as recreation
fields, fitness equipment and courses, or other
such uses intended for the physical recreation
Yage 7- 1
602
Central], athrop Spccific Plan— Phasc 2 lmendment Chaptcr Seven: Design Guidetincs and well- being of the community and/ or the c. Encourage streetscape with landscaping. employee users.
d. Provide outdoor lighting for safety and
General principles guide the overall Central security; minimize outdoor lighting from Lathrop Specific Plan - Phase 2 and lay the spilling over to adjacent properties. foundation for standards and guidelines.

Standards and guidelines apply to the entire Architecture.

Phase 2 r mendment Plan r' rea, and standards
and guidelines apply to each land use designation. a. Use design styles, elements, and r ll site design standards and guidelines are
materials that complement or do not
organized into two sections: 1) site design and 2) visually compete vith surrounding architecture. ' ithin each secrion, subcategories contest and scale of neighboring land further define and illustrate design objectives
uses vithin the CLSP- 2 Amendment
through written descriptions and photographic
Plan Area.
e amples that convey desired design elements.

The applicable standards and guidelines support
b. Incorporate distincrive design elements
the design objectives, defining how desired
into buildings including colors and
development should be achieved. building relief.

CLSP- 2Amendment Principles,
Site Design
Standards and Guidelines The CLSP- 2 allo vs for a mix of industrial uses.

Due to the vide variety of allowed uses for The CLSP- 2 Amendment strives for a realistic and attractive development The CLSP- 2
Industrial developments, circulation, site
planning, landscaping, and architecture should be rlmendment, within the existing and surrounciing the key elements that unify development in the landscape, will continue to advance the economic CLSl 2 1 mendment Plan rlrea. Development
itality and job growth in Lathrop by creating a
projects are encouraged to provide a safe and development of quality site design and functional environment for all users and patrons,
architecture. " I'o achieve these goals, e
including pedestrians, bicy cles, and automobiles. following planning and design principl s have Development should reElect quality and risual been developed to assist designers and developers in meeting the CLSP- 2 mendment
appeal as it relates to adjacent streets and
design objectives.
surrounding development. This specific plan
amendment guides future design for the CI.SP-?
Allindustrial projects in the CLSP- 2 Amendment
endment Plan Area 2 but is fle ble in terms
Plan rea should be designed to meet, or exceed of building design, ty-pe, size and locarions. the following planning and design principles: Site 1 larrnind

1. Site Design. A. Circulation
a. Design pedestrian accessible buildings.

The objective of the Central Lathrop Specific
Plan - Phase 2 circulauon is to promote efficient
b. Encourage design elements that consider
and saEe movement of goods and people
environmental conditions, like sun,
throughout the CLSP- 2 r mendment Plan Area.
shade, wind, etc., to impro e the
The circulation design should consider all types
pedestrian experience and provide of users: vehicle, pedestrian and bicycle. natural environmental control.

Yagc 7- 2
603
Central I,athcop Specific Plan— Phase 2 Amendment Chapter Seven: llesign Guidelines Refer to Chapter 3 Circulation and 1. Land uses that are automobile dependent Transportauon for details on vehicle, pedestrian should be designed to minimize the conElict and bicycle route locations. between pedestrians, bicycles, and automobiles, by the following means:

The design of access for large de Telopment areas
and individual project sites should tie land uses Create pedestrian- only connections and existing road vays into the overall circulation between public sidewalks and buildings, net vork in the CLSP- 2 clmendment Plan Area. avoiding crossing cirive- thru lanes In some cases, the internal circulation may be wherever possible; or part ofthe larger CLSP Plan Axea circulation and
street net vork. Place vehicle entrances and drive- thru areas away from main pedestrian entries.

Pedestrians should have continuous sidewalks,
free of obstructions, and vith convenient access
to buildings and other adjacent land uses.
rldditionally, pedestrian connections are
encouraged bet veen site buildings, parking and
othex adjoining uses.
r dditional modes oftravel, including bicycle and
public transit should be incorporated into each
development project. Biryclists should have
consistent safe access from major roadways into
and around each development area to minimize
potential conflicts with vehicles.
4- "
i "
Photo Exarrrple Z
ll7ininn. zug c•ontZict.r Gelrveen pede.rtri trrr, f icycles c iad autorrtobrle.r.

F .',
Pboto Example 1
Pede, rtriarr facilitie. r along pabk c roarl
The follo ving circulauon design guidelines apply
to all development areas of the Central Lathrop
Specific Plan- Phase 2:

Yagc 7- 3
604
Central Lathrop Specific I' lan— Phasc 2 mendment Chapter Scvcn: llcsign Guidclincs

2. Fach development should provide development sites of the Central Lathrop pedestrian and bicycle connection to Specific Plan- I' hase 2:
adjacent uses within the Central Lathrop
Specific Plan - Phase 2. This would include 1. Where feasible and desirable, buildings public sidewalk connections to internal should maintain close pro: imit to streets; project circularion for pedestrians and public
right- of-way bicycle paths to internal on and Buildings should be sited to be conveniendy off-street routes for bicycles. These located and attract users:
connections should be vell lit and marked
for the safety of its users.

Entrances should be designed to
accommodate safe pedestrian travel;
Parking should have close pro imity to
buildings;
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P de.rtriaiz/ Gic c•! e. rafe cro3.ring
mB. Building Placement& Parking 1{ ioto E1 u rplePcarking rear builrling. r Building placement and orientation is key in
creating a safe and efficient site design. Buildings
with uses that rely on visibility should be placed
close to adjacent streets and specifically on highvolume corners. Oprimal building placement on individual development sites can create
opportunities for public or employee spaces,
encourage pedestrian connections, establish
streetscapes, and provide drive- by advertising for
the companies. Building placement and parking
orientation considerations can gready increase
the efficiency of a building.

The following building placement and parking
design guidelines apply to all individual
Yagc 7- 4
605
Central I. athrop Specific Plan— Yhase 2 Atnendment Chapter Seven: Desi m Guidclincs Create spaces with gathering areas, 4. Loading and delivery areas should be located plantings, bicycle parking, or other appropriately to minunize their visibiliry, amenities between or adjacent to avoid pedestrian/ loading zone activity buildings; conflicts, and minimize potential circulation, noise, and lighring conflicts. Screening these
areas with landscaping, buildings, fences or
valls is encouraged.

5. Corner and mid- block buildings should be
oriented towards the public right-of-way and
should be designed to achieve the following: I II M.
f l
here feasible and desirable, driveway
entrances and stacking lanes should be
separated from public pedestrian spaces
Photo Ea•anrple 5
and crossings.

Encouragingg rthe zng arecr.r ln operr. rpaie.r
C. Refuse, Storage& Equipment lreas
Minimize escessive building setbacks
that detract from the streetscape, or The design and placement of refuse containers, oprimize escessive setback areas by service areas, loading docks, and similar facilities providing disunctive landscaping within shall be considered as part of the o Terall site the setback; design of a project. In general, these uses should be located as to not interfere or detract from
Building elevations should consider the circulation, parl:ing, and adjacent uses, and in human- scale design elements on ground most cases should be screened from vie v. floor facades and specifically at builciing
entsances. The following design guidelines apply to all development areas of the Central Lathrop

3. Parking areas should be designed for Specific Plan- Phase 2 Amendment Plan Area as circulation efFiciency and safety of a11 users: it relates to refuse, storage and equipment areas:

Large parking areas should be screened
from vie v and placed away from major
rights- of-way, behind buildings, or
obscured with landscape treatments,
such as berms, tall shxubs, and trees;
Landscaping should be provided in
parking areas as specified by- the
landscaping section in this chapter;
Pedestrian pathways and walkways,
clearly marked with enhanced paving
material, should be provided through
parking areas as direct routes to building
entries.

Yage 7- 5
606
Central Lathrop Specific Plan— Phase 2 Amendment Chapter Seven: Design GuideGncs

1. Trash/ recycling enclosures and service and 3. Trash and outdoor storage that is visible loading docks areas should be sufficiently from upper stories, arterial roads or freeways sized to accommodate the site' s needs, but should be screened with trellis or other located in areas as to not interfere vith on- horizontal cover and should be consistent site circularion and parking; vith the architectural style of adjacent buildings. Furthermore, trash enclosures
should be designed— through colors,
materials, details, and/ or forms, that serve to
compliment associated building design for a i G l I
I' f tiy the paYttCular bLuldtng COmplex lt ServeS. z Il 6'` , ' d. b! r", 7 !. z,
s'-.;.
y; 4. Trash and outdoor storage facilities are
required to include a covered roof and sewer
drain as described in die Public orks
Storm vater Standards.
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i+ t} df+ a{ t h
Pl oto E anrple 6 j I ' I l i
Sai cre rtly, ritie! loarling do k,r

2. T"rash and outdoor storage facilities should
be placed away from public streets and/ or
screened from view with materials consistent
to adjacent building ekteriors or other mature
plantings; and
t
w° s, i59 t
sa p r;
P ioto Example 7
dl.: . ,.;
Screeized oaatdoor. rtornge area laced aiv fr m pz blic. rtreetr. Pboto Exarrrple 8 Eiaclosed refu.re rrea. r
Yage 7- 6
607
entral Lathcop Specific Plan— Phasc 2 Amendment Chapter Scvcn: llesign G uidelines D. Landscaping stall, all plant material and irrigation shall be kept eighteen inches from the curb, or confined to lo v
The intent of the landscape design is to provide groundcover or lawn, to allow for car overhang continuity throughout the CLSP- 2 Amendment and doar swing. 'I'rees should provide a shade Plan Area. Landscaping guidelines will specify canopy, reducing heat island effect: a sustainable standards for streetscape, public space, and site planning measure. It is recommended that parl ing lot design within the development area. 50° shade be provided within vehicular parl ing Through the use of deciduous and evergreen lots. (Estimated shade diameter is projected at 15 plant material, year- round interest will be giaen 5rears from tiine of planting.) Vehicular parl ing to the site cith an evenlp layered plant design. lot shade trees shall conform, at a minimum, to This layered plant design will screen or diminish standards and requirements shown in Chapter adverse views and utilities. Plant materials should 17. 9 Landscape and Screening Standards of the be easy to maintain while attractive and di rerse. Lathrop l lunicipal Code.

Designers shall emphasize the use of low-water
use plants vith a lush character and vibrant Irrigation and water efficiency/ conservation is colors. mandatory in accordance with the" Model Vi/ater Efficient Landscape Ordinance." Irrigation
The streetscape within the CLSP- 2 Amendment systems should be designed to ensure the Plan l rea will be unified through a consistent efficient use of water and avoidance of overspray palette of ground cover, shrubs, and street trees. and overwatering. To help ensure an efficient The street tree will create a
canopy along all ittigarion system, plants should be grouped in public streets to increase aesthetics of the project hydro- zones, which is a combination of plants while providing shade and creating a walkable vith similar vater needs. The use of low- water development. Street trees size rcquired at time of narive and adaptive plants is highly encoutaged. planting will be determined during the Site Plan All landscape areas must be irrigated with an Review process for each de elopment. Street automatic irrigauon sy stem controlled by a timer. trees shall be centered in the parkway strip or Use of drip irrigation is encouraged where planted at least 4' behind the sidewalk. A miy of pracrical and most effective, especially in shrub eaergreen and deciduous trees is encouraged as and tree areas. primary and accent tree options. ' here it is
determined by Ciry staff that more screening is Where feasible and desirable, drainage and water required, an increase in e ergreen tree locations quality measures should be used in on-site may be required. landscape areas. Using landscape strips and medians for percolation, drainage swales, and
The landscaping of public spaces should be rain gardens is highly encourlged. Use of manj, carefully considered to attract visitots. Trees with sustainable landscape techniques is highly a consistent canopv should be used in areas recommended and can result in substantial vhere shade is desirable. In general, the maintenance cost savings. landscaping of public spaces should complement
the other features and atnenities of the area, 7'he following design guidelines apply to all becoming a backdrop to pedestrian activities. development areas of the Central Lathrop Specific Plan- Phase 2 as it relates to landscaping:

Parl ing lots will have drive aisles and paYking
aisles delineated through parl ing lot medians and 1. Landscaping should be used to define planter strips. Ground cover, shrubs, and trees outdoor spaces, softening and will be planted within the medians and planter complementing structures, and should also strips, where feasible and practical. ' hen a be used for utilitarian qualities:
median or planter strip is adjacent to a parking
Yagc 7- 7
608
Centr2l l,athrop Specific I' lan— Phase 2 Amendment Chapter Seven: Design Guidelincs Become a backdrop to pedestrian
outdoor gathering places;
Screening parking, loading, storage, and
equipment areas;
Provide shade and enhancement to the
streetscape, parking lots, and pedestrian
outdoor gathering places; and
Directional, defining entries and
pedestrian ways. I i Y '''
i

2. Landscaping and trees should be employed
in parking areas to break up espanses of
hardscape and to minimize heat island effect;
I ' yw
u' '; r1 ' Photo Ex tnrple 10
i
r' Pre.re roed l,ratarra! L' egetation
a

5. Conser- ation and efficient use of water is at
the forefront of the Central Lathrop Specific
Plan - Phase 2 landscaping objectives.

Landscaping and irrigation shall comply with
the Cit Municipal Code Section 17. 92. 060
ater Efficient Landscape Ordinance" and
the following guidelines:

Plants should be selected and grouped
according to their maintenance and
Photo lainple 9
water use profile. In all cases, lowL.a rdre rpi rg ijr parking are rs maintenance and drought tolerant plantings are highly encouraged;

3. ` Uhere feasible and desirable, mature trees
and plantings should be maintained and Planting of turf areas should be kept at a incorporated into the landscape design; minimum. A ma: imum of 10% of the total landscaped site area may be

4. Natural and eYisting vegetation should be irrigated tur£ Drought-tolerant ground preserved where possible and incorporated
covers and shrubs are lo ver maintenance
into the ne v
landscaping. Retention and and seen as more desirable;
detention areas should be planted to create
the appearance of natural vegetation. Careful rlll landscaped areas should be designed selecrion of plant types is necessary to ensure for maximum water efficiency and sun i- a1 and be compatible with the proper irrigated through an automatic irrigation functioning of the drainage system;
s stem controlled by a timer. Nonpotable or recycled vater should be used to the extent feasible;
Pagc 7- 8
609
Central], athrop Specific Plan— Yhase 2: lmendment Chaptcr Seven: llesi,m Guidelines Use alternative and porous paving
opuons for pedestrian pathways and
non- vehicular and bicycle circulation to
maximize infiltration of ater runoff;
Curb, header boards, pavers, and other
materials should be used to minimize
water run- off and define landscaped
areas; and
Water features should be designed for
maximum maintenance and water
efficiency.

6. ` here feasible and desirable, landscape
strips and medians should be programmed Pboto F.xample 19 for the treatment and conveyance of water
I-anrl.rc pe baa er at errtry mofrunrerrtntion
run- of£ I.andscaping used for percolation, alls & Fences drainage swales, and rain gardens are highly
encouraged. alls and fences in the Plan Area are intended to provide screening between projects and adjacent

7. r landscape buffer shall be provided along uses where necessary, helping to define edges of Dos Reis Road, across from eYisung and arterial and collector streetscapes and providing proposed sensitive receptors. The landscape security to propertv. It is anticipated that there buffer is intended to soften the transition will be limited use of valls, e cept where needed from non- industrial uses to the future for sound attenuation or where desired for entry industrial uses of the site. A 30 minimum features or for screening unsightly elements, such foot wide landscape buffer including 22 feet as trash areas. The material and design for the of landscaping with an 8 foot wide paved trail walls and fencing may vary throughout the will be provided in the public right- of-way development area, depending on location and behind the curb. 1n adciitional buffer will be specific project needs. However, the color and provided on private property to be designed materials of the valls through the CLSP- 2 Plan vith indi- idual development applications. l rea should be complimentary. Both masonry Refer to the Land Use chapter of this specific and wood fences are permitted in the Plan rea. plan amendment foY addirional information.

The following design guidelines apply Central
Lathrop Specific Plan - Phase 2 as it relates to
walls and fences:

L Walls and fences vill not be permitted ifthe
aren' t
necessary for noise attenuation,
specific screening, gateway, aesthetic, or
security purposes;
Pagc 7- 9
610
Central l,athcop Specific Plan— Phase 2 Amendmcnt Chapter Seven: Design Guidelines Iu: e
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y#...

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Photo Example 12
Site rvalls anrl fence. r

2. Tall walls and fences are discouraged along
arterial and collector roadways, as they
diminish the street scene. Fences and walls
should not esceed a matimum height of
seven feet, unless special screening and/ or
Pboto E.ua rple 13
security issues are demonstrated vhich I- rnris pe. rcree i rg at wall necessitates a higher fence. Low decorative 5. `' here security> fencing is required, a or auto- screening walls, 2 to 4- feet in height, combination of solid and open grill vork is may ser- e to enhance a building area or encouraged. Barbed, razor, wire or similar streetscape, if tastefully designed. I iaximum fences shall comply- with LMC Section wall heights should be inclusive of fill from 17.) 2. 070. e
isting ground ( ie berms). 1t locarions
where industrial land use is proposed 6. t the interface between Dos Reis Regional adjacent to sensitive Yeceptor land use ( like Park and the adjacent industrial site a shall along Dos Reis Road), an 8 ft. masonry wall include a masonry wall for screening. for special screening shall be installed;
I. Public Spaces and Pedestrian menities

3. `' alls and fences, used at property frontages
or for screening, should be designed as an It is the intent ofthe public spaces and pedestrian eitension of a building' s architecture; top amenities section to promote usable public caps on masonry walls and tubular steel gathering spaces ariented toward pedestrian fences are encouraged. Self- clinging or users that function as an amenit- to the supported vines shall be planted at regular deeelopment. These outdoor spaces should be intervals along walls to ensure coverage visually pleasing, appropriately scaled, and should within 5
years in order to discourage graffiti encourage greater activit- within each and soften the overall appearance of the wall; development area. r1s well as providing pedestrian- oriented features and amenities, these

4. Where long espanses of vall or fence are spaces should connect pedestrians vith the site unavoidable, articulation in the form of wall and surrounding uses. offsets or landscaping should be
unplemented; and An employee or public gathering place should be provided for appropriate projects in each
development area." I'he scale and program of the

611
Central l,athrop Specific Plan— Phase 2 imendmcnt Chapter Seven: Desi n Guidelines space should be appropriate to the adjacent
building and rype of users. It is encouraged to site
these spaces in well-lit, shaded, secure, and
f`',`'`?
G ra,,
interactive areas where they can become an 3 a p
a. ,
integrated feature. fF „,.

Pboto Exarr le 1S
Ern loyee rvell-l eing area

2. ithin the Limited Industrial designation,
gathering places should be placed between or
adjacent to buildings to encourage employee
health and well-being.

Pl oto Exarrrple 14
Shaded er rployee break ai a
b} P9
n
The following design guidelines apply to all of
s
the Central Lathrop Specific Plan - Phase 2 as it
r , 5.
relates to public spaces and pedestxian amenities: r,,
w_ . r ;
L l n employee or public gathering and break
area spaces should be encouraged in W_
appropriate projects within each
s'`
Pl olo F m z le 16
deve lopment area. These amenities can E yrployee re rk area include, but are not limited to, small
recreation areas or other open space

3. Pedestrian connections should be
facilities. These areas will count toward the established within projects and development landscape requirement desi nated for each areas, where logical and practical. r reas for land use district. respite for users should be encouraged.

U. I.ighting& Furniture
Iighting is an unportant element in the landscape
and should be used to contribute to a safe and
attracuee environment. Natural areas vill need
little light while street intersections will require
illumination levels safe for pedestrian crossings.

Lighting is also used to reinforce the
development' s overall design theme and create a
consistent sense of place by adding a common,
Pagc 7- 11
612
Central I, athrop Speciftc Plan— Phase 2/ lmendment Chapter Secen: llesign Guidelincs themaric element that is repeated along all major 5. Architectural lighting may be used to roadways. Streetlighting within public right of highlight special features on or around the way shall comply with the Ciry of Lathrop design building, or to illuminate key entrances or construction standard details. The height of other areas of access; lights vill vary depending on application. Light
standards will typically be higher along roadways 6. All lighting should utilize cut-off type Fixture and will be lower in pedestrian areas. High to minimize visibility from adjacent areas and Efficiency lighting is required within all buildings should be the appropriate size and height as well as on the eYterior. Outdoor lighting shall given the actieities for which they- are be provided for safety and security but shall be designed. Lighting used for pedestrian minimized from spilling over to adjacent connectors and gathering spaces should be properties. lo ver, bollard- type or footlight fiYtures and should not exceed 3- 4 feet in height;
Site furniture is encouraged in outdoor areas and
public spaces. The driving goal for the use of 7• ' here feasible and desirable, the use of landscape elements is to create enjoyable outdoor pedestrian amenities, such as benches, spaces and furnish comfortable amenities for drinl: ing fountains, lighting, and trash relaxation and leisure. Site furniture visible from receptacles, is encouraged. These elements public streets, plazas, and pedestrian linkages may be sited in public gathering places and as should be of a compatible style and design. respite along pedestrian connectors; and Fistures and furniture may vary in style, color,
and materials from this standard design if thev
8• I'he design of site lighting and fiirniture
are used in enclosed courty ards or other locations should be compatible throughout the CLSPwhere land uses require unique appeal. llesigners l mendment Plan rea. shall give emphasis to vandalism-resistant criteria
when selecung all site ftxtures and furniture.

Architecture
rlrchitecture should establish project identity and
The following design guidelines apply to all of
enhance the character of the development in the
the Central Lathrop Specific Plan - Phase 2 as it
CLSP- 2 mendment Plan r rea and the Citt of
relates to lighting and furniture:

Lathrop. i s a high- quality de elopment, a

1. Outdoor lighting should be specified and complementary design language should be designed consistent vith the zoning code for
established throughout the CLSP- 2 Amendment
this Plan r rea;
Plan: rea.

The architecture section is di ided into two subE terior lighting, including parking areas, should be architecturally inte ated with t11e
secrions:
sty-le oF the building and colors and materials Massing, Scale, and Form used; Stc-1e and Design Details

3. Parking lighting should be arranged to
provide uniform illumination throughout r1. I qassing, Scale and Form parking areas and should achieve a minimum
average of one foot- candle and a maximum The design objective of this section is to of three; encourage buildings that consider the human
scale, include aetive areas, and are compatible

4. Low energy LED lighting should be used for th adjacent development. Buildings should be streetscapes and parking lots. clustered to create compact, multi- story Yage 7- 12
613
Centr2l l,athcop Specific Ylan— Phase 2 Amendment Chapter Seven: Design Guidclines structures that concentrate activities and related Parapets are encouraged to conceal Elat programmatic uses. Building height and massing roofs and to screen any rooftop should consider the surrounding contest. equipment, such as HV C units, from Projects should consider the human scale at the public view. Parapets should not exceed ground floor and at entries to buildings. 15°io or 1/ 3 of the supporting vall Buildings should take on varying form to increase height All parapets should feature threevisual interest and break up the monotony of dimensional cornice treatments. large structures. In addition, harizontal and
verrical wall arriculation should be encouraged D. Entries through the use of wall and second floor offsets,
recessed entries and windows, human- scale

1. Building entrances should be designed for
awnings, overhangs and arcades.
access both by patrons arriving via
automobile and b5- foot or bicycle;

2. Each entry should be protected from the
elements;
I tiU
a.

Photo Ex rmple % 7
I a.rar l i terert iia a 7iculatio r
B. Sty-1e and Design Details w= . „. _
P/ oto Exa r le 18
The objective of the style and design detail Ent y prote tedJibnr tie element.r. secrion is to establish clear direction in terms of
architectural styles and themes for future 3. Entries should create an architectural point development in the CLSP- 2 rlmendment Plan of interest using one or morc of the t1rea. The sty le and design of the buildings will following methods:
enhance the chaYacter of the Central Lathrop Wall recesses; SpeciFic Plan - I' hase 2 and set it apart as a
ciistinct and high- quality de relopment ' hile
Roof overhangs;
these guidelines do not prescribe a specific style
of architecture for the CLSP- 2 Amendment Plan Canopies; r rea, the objective is to allo v a diversity of styles vhile considering the conte t of surrounding Arches or arcades; development.

Columns; and/ or
C. Roofline
Signage.

1. Rooflines should be clearly articulated by
using the following feature:

Pa; c 7- 13
614
Centxal I,athcop Spccific Plan— Yhase 211mendment Chaptcr Seven: Design Guidelines ti
s
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Photo Example 19 Photo Exa nj le 20
Ar hftectzrral pointr ofinterest at entryway.r Architectarral color, textarie arrd nrate ial changer rvith a et/ rojectio tr

4. Entries should incorporate vindows to
provide natural light and air; and 2. E terior materials should be durable and high quality to prevent degradation and for

5. 17ere feasible and desired, pedestrian the ease of maintenance:
amenities, such as seating, lighting, fountains,
sculptures, boulders, etc., should be Large eYpanses of smooth material such incorporated into entry designs as concrete should be broken up ` vith F. Materials& Colors
expansion joints, reveals, recesses, or
changes in testure and color;

1. All building elevarions must include
architectural patterns that include at least ( 2)
Large espanses of highly reflective
of the following elements: surface and miYror glass exterior walls should be avoided to prevent heat and
Color change; glare impacts on the adjacent public
streets and properties;
Texture change;
Colors should be compatible throughout
I Taterial change; and/ or the CLSP- 2 Amendment Plan Area, while allo ving for individualin- to each
wall offset, reveal, or projecrion of at development area. r1 varied and rich least 12 inches in depth. color palette is encouYaged, although color should not be used as an attentionseeking decice. Colors should be used to enhance a building' s
presence and
integrate other materials throughout the
project;

3. Building trim and other accent elements may
featuYe brighter colors, if desired, but should
alway s complement the base color.

Pagc 7- 14
615
Central Lathrop Specific Plan— Phase 2 Amendment Chaptcr Seven: Design Guidelincs q 3. Window and door openings should be
framed with trim, or recessed a minimum of
r,::;.;
4 inches from the building face;
E

4. Where feasible and useful, use operable
x windows foY maximum environment control
and passive heating/ cooling options
G. Facades

1. Facades of 100- feet or more in length are
Photo Example 21 encouraged to break- up the elevation using Gontra.rt irr reflecti e. rurface. r— pop of c•olor tiim accent.r one ofthe following technlques:

F. ' indows & Doors
all and/ or second floor offsets; or

1. Ground tloor, storefront-type glazing for
display purposes along public faCade
Recessed entries or windows.
frontages should be used as appropriate to
Facades that face public streets should create
enhance the esterior wall area;
visual interest by using one or more of the

2. ' indows and/ or other appropriate builciing following techniques:
features should be used on upper levels to
Human- scale elements, like awnings or
break up large wall areas and create visual
overhangs;
interest;
i Arcades or recesses; or
a;% i
i
Entry areas.
r
m,_ ,
r
y
y" £ a...
s
Photo F.xcarrrple 23
Hr+inan-. rcale nlvuirtg element
Phota Exarrrple ZZ
t'' in low placei rext rat zpper• level.r-- r-errting r i.raral interert ivit{i H. Slgnage architeitasral elemenl.r

1. Signage shall comply with Lathrop Municipal
Code Chapter 17. 84 Signs;
Pagc 7-] 5
616
Central], athrop Specific Plan— Yhase 2 Amendment ChapTer Seven: Desi, m Guide( incs

2. Color and material opCions for signs should
always complement the architectural style of
the building;

3. Signage should be scaled appropriately for
its given location;

4. Building signage should be located near the
related business entry, or as identity feature
as seen from major travel waps;
6 Photo Ex•ample 25
Lotv profile nrorrr inent, cigrr

8. Signage for pedestrian and birycle vayfinding is encouraged; and

9. Lighting is allo ved to illuminate signage at
night. Lighting should be designed
c r' appropriately as to not create hazardous glare
t: a for pedestrians bicyclists, and vehicles. Both
externally and internally illuminated signage
is allowed.

10. r1t key entry areas along De Lima Road,
Manthey Road, and future Street A, projectPhoto Ex rrple 2= wide decorative entry features and Mon merrtrigirage monument signs shall be located to identify

5. Signing should maintain a visual consistency
and enhance the image of the Central
throughout CLSP-? Amendment Plan rea.

I-athrop Specific Plan - Phase 2 Area.
hen more than one sign is required for a Developers and builders of the project shall given business or area, both signs should ork vith City Staff to establish appropriate maintain visual comparibiliry with one
locations and criteria foY this project- wide
another;
monumentation and signage.

G. Signage teyt should be kept to a minimum 11. On- site directional signs at gateway s and and scaled appropriately- for placement and entries are encouraged to be pro rided for legibilit- purposes;
both pedestrian and vehicular visitors to the
site.

7. ' all signs, monument si ms, and low-profile

12. Suggested Gateway Sign locations are shown freestanding signs are encouraged; on Figure 7. 1.

Pagc 7- 16
617
Central l,athrop Specific Plan— Phase 2 c mendment Chaptcr Seven: Design Ciuidelines Figure 7. 1- Gateway Sign Locations
GENTRAL LATHROP SPECIFIC PLAN PHASE 2 AMENDMEN`T
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Y Central Lathrop Specific Plan- Phase 2 Amendment
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Lathrop, Ca
Pa e 7- 17
618
Central I.athcop Specific Plan— Phase 2 r mendmcnt Chaptcr}? ight: Implcmcntation Chapter Eight: Implementation
Itttroduction development located between Dos Reis
Road and De Lima Road.

I'his chapter describes the CLSP- 2 mendment
implementation, including project review Muraicipal Code procedutes, development agreements, specific
plan amendment procedures, enforcement, The City of Lathrop Municipal Code has been mitigation monitoring and other revie v and amended to include special zoning districts for approvals required during the implementation of the purpose of defining for each parcel the the CLSP- 2 Amendment. permitted, conditionally permitted, and administratively permitted land uses that may be
Specifrc Plan Implementation developed vithin the CI.SP- 2 area, the process pursuant to which such land uses are approved
The City would implement the CLSP- 2
and the development standards applicable to
l mendment in accordance with the terms and each land use. conditions of several related planning and
program documents, including, in particular, the Drctijza e Plan Implernerttation landowner development agreements, the project
CEQA analy>sis, the CLSP- 3 Amendment Design 1 detailed drainage report, including hj drologic Guidelines ( this document), the City of Lathrop and hydraulic calculations and focused General Plan, Yelated 1 7aster Plans, and the geotechnical investigarions relating to soil and 7_,oning Ordinance. These documents provide ground vater conditions, vill be a critical part of guidance and direction and other vise inform the individual application for each project City discretion in the review and approval of proposed for development. future development within the CLSP- 2
clmendment Plan Area. 1'here are two disrinct watersheds within the CLSP- 2 mendment Plan rlrea. The parcels
CeratralLathrop Design G rrdelirres within each vatershed are linked by the drainage system and therefoxe, the detailed planning of
r s described in Chapter Seven, the CLSP- 2
any portion of a watershed must take into
Design Guidelines contain architectural, site considerarion the rest of the proposed planning, and l
ndscaping design principles and development within that watershed. guidelines.

If an individual development does not
City ofLathrop Gerteral Plart encompass the entire vatershed, the individual Development within the CLSP- 2 Amendment project must show that it will implement the requirements of the CLSP- 2 Amendment
I lan c rea must be consistent with the City- of
Lathrop C'seneral Plan.

Drainage Plan as described in the Utilities and
Drainage chapter.

The Lathrop General Plan requires
Conditional Use Permits for industrial Right to Farm Provisions t a; 8- t
619
Central], athrop Specific Plan— Yhase 2 Amc idment h2pter E? iglit: [ mplementation The Plan r rea has eYisting agricultural uses of Specify ho v the Specific Plan and various l inds and intensities. As the Plan Area General Plan will be unplemented in builds out, several e
sting parcels on- site could connection with the Development remain in their existing agricultural state for some Agreement foreseeable period oftime. In order to ensure the
viabilit of the on- going agricultural uses, this I' rovide the terms for reimbursement in specific plan amendment shall require that a
the event that a developer provides
right- to- farm" provision be included as a
part of advance funding for facilities which have
any subsequent stage in the land entidement community benefit, process. r long these same lines, an entitlement
application or document shall mandate full right- Provide for adequate public facilities for to- farm disclosures at point- of- sale of lots within each project phase in a timely manner, the Plan 11rea. This provision shall include all
properties on site which maj- be impacted or Shorten the approval process baffected by on- going farming operations. consolidating and coordinating various discretionary approvals, and
Development Agreements
Subject to the Specific Plan, the property owners
Specify the monetary responsibilities of
and the City may execute Development
the developers.
tlgreements in accardance with Government
CityReviewProeess
Code and local ordinance. The Development
Agreements will set forth the infrlstructure Correntzrnity Developirtertt Department Revieav improvements, public dedication requirements,
landscaping amenities, and other contributions
Subsequent to adoption of the CLSP- 2
to be made b a
property owner in return for mendment, indi- idual project applications w-ill guarantees by the City that certain land uses and be reviewed to determine consistency vith the densities in effect at the time of esecution of the specific plan amendment and other regulatory agreement vill not be modified. documents. Applications such as site plan review applications, use permits, conditional use
oth the Cit and the project sponsors vould permits, variances and the like, will be revie ved commit themselves to proceed vith the terms of using established Community Development the agreement. The City can agree to process Department and Planning Division procedures. future development applications in accordance
with the Plan and la vs that were in e istence Development applications will be submitted to when the agreements were made. The City then the Ciry of LathYop' s Planning Division. The commits to maintaining its planning or zoning Planning Division will conduct an initial review statutes related to the developments for an
of the applicauon for completeness and
agreed- upon period of time. In return, the consistency with the adopted Specific Plan, as developer/ applicant agrees to develop according
vell as other ordinances and standards. The
to an agreed- upon time schedule or commit to applicant vill be notified vithin 30 day s of the other measures which the Cit might otherwise initial submittal date of any deficiencies that must have no authoritq to requiYe e
be recrified to deem the application complete. If
developer/ applicant to perfarm. the applicant or the City believes that an ilmendment to the Specific Plan is warranted, an
Generall, Development r
greements include the 3mendment to the Specific Plan may be following provisions, or similar variations: requested in accordance with the 1lmendment Procedures. ' I'he request must provide adequate
Pa; c 8- 2
620
Central Lathrop Specific Plan— Phase 2 Amendment Chapter F,ight: [ mpLementation justification. The application may also be subject Environmental IZevietv to environmental review as discussed in the
following section.
1'he EIR certified for the 2022 General Plan
established a program level environmental
Conditional U.re Perrr it.r CUP review for development within the City including the CLSP-? Amendment Plan Area and supports
Per the City of Lathrop General Plan, conditional the Amendment Individual project applications use permits will be required for any development will be reviewed for consistency with the 2022 within the CLSP- 2 Amendment Plan rlrea UP EIR If consistency is determined and the located bet veen Dos Reis Road to the south and project meets the criteria established in Section De Luna Road to the north. r1 CUP may also be 15162 of the CEQl guidelines no subsequent required vithin the CLSP- 2 area if the proposed environmental review is necessary. The intent of use requires a CUP per the Lathrop l lunicipal the EIR associated with the specific plan is to Code. cover all development consistent with this
document, stream- lining the permitting and
Site Plarr/ Are•{iteetural De ign Bevieaa
review process.

Uenerally, all industrial projects within the
CLSP- 2 Amendment Plan Area will be subject to The City of Lathrop Community Development Department is the lead agency in processing the Site I lan/ r rchitectural Design Review by the revie v of development projects within the Plan City; design review shall be implemented before Area. Upon receipt of an application the Ciry issuance of building permits. Also, all public unprovements ( such as landscape plantings, shall initiate an initial study and environmental street and entry signs, lighting, or special paving) reeie v of the project which may require the are subject to Site Plan/ rlrchitechiral Design preparation of additional environmental or Review. All Site Plan/ Architectural Design engineering studies to address site- specific Revie v
procedures vill be conducted in
concerns.
compliance with Chapters 17. 100 and 17. 104 of
The foregoing discussion details the initial
the Lathrop I Zunicipal Code.
project review and environmental review
PaaG/ ic I nprovemejtt Plan.r
submittal procedures. Projects submitted for
consideration will be revie ved for consistencv
The on- site and off-site public improvements urith established development standards and necessary to serve the CLSP- 2 area need to be design guidelines of the Specific Plan. specifically- designed. ' I'he applicants shall
prepare for City review and approval Public Habitat Conservation Plan Improvement Plans, consisting of detailed
en ineering designs and documents for all All individual project applications must comply vith the San Joaquin County Multi-Species
uriliries necessary to develop the land uses
Habitat Conservarion and Open Space Plan
identified in the Specific Plan. These plans shall
SJI ZSCP). The SJMSCP, prepared by San
include an infrastructure sequencing program Joaquin Counry and other participating agencies, that will allow orde l development throughout
protects special- status plants and wilcilife and
the Specific Plan area. The sequencing program their habitats, while allo ving for planned gro vth shall prioritize roads, water, sewer, storm in the County. This protection is accomplished drainage and other urilities that must be in place by, 1) idenrifying important habitats and habitat prior to specific levels of development. Refer to
features to aid in the development of protection Section 633 for additional details regarding areas, and 2) establishing a funding mechanism infrastructure phasing. through vhich project proponents can provide

621
Centeal Lathrop Specific Plan— Yhase 2/ lmendmcnt Chapter 1? ight: [ mplementation replacement habitat vhile enabling them to meet physical character of the plan area as their no net loss of habitat value goals. Project envisioned by this CLSP- 2. proponents as part of this Specific Plan will be
required to participate in the SJMSCP by Any change that could significandy contributing appropriate impact fees and increase environmental impacts. implementing mitigation as idenrified by the
SJI ZSCP. All mendments to CLSP- 2 shall be consistent
vith the City' s General Plan. Major amendments
Amendments to CLSP-2 may therefor require an accompanying General Plan Amendment and Zoning Ordinance
r n applicant for a specific development proposal revision. Generally, the process for amending may- request amendments to the CLSP- 2 to the CLSP- 2 Amendment is similar to that for respond to changing circumstances and
amending the Cit' s General Plan, with the main
conditions. Amendments to the CLSP- 2 should difference that there is no limitation of the be categorized as minor or major. This
number of amendments that may- be approved in
determination is to be made by the Communiry
any one y
ear. The materials and documents
Development Director or his/ her designee. The
necessary to process a major amendment
Community Development Director or his/ her application should be consistent with those designee shall administratively make a written
outlined in the City' s Discretionary Permit Form
determination as to whether or not a requested for Rezones/ Amendments. r detailed amendment is major or minor. The Community justification statement shall be submitted which Development Director' s decision may be
explains in detail whp an amendment to the
appealed to the Planning Commission. CLSP- 2 mendment is wartanted. r111 Major. AmendmentYequirements of CEQr1 will be applicable. rlpplication fees associated with the major
The follo ving are examples of what could be
amendment shall be submitted to cover all
considered major amendments: processing costs. Major amendments shall require City Council approval, with a
Introduction of a ne v land use category
recommendation forwarded by the Planning
not specifically discussed in this CLSP- 2.

Commission.

Significant changes to the distribution of
VlinorAmendr ent.r
land uses, major acreage changes of land
An amendment shall be considered a minor
uses, or other changes affecung land use
amendment vhen it is determined that it does
which may substantially affect the key not have a significant impact on the charactcr of planning concepts set for this in this
the plan or the envitonment The following are
CLSP- 2.
examples of what could be considered minor
amendments:

Significant changes to the collector street
system that would substantially alter the
Change in the configuration of a
land use or circulation concepts set Forth
particular CLSP- mendment land use
in this CLSP- 2.
which does not significantly- alter its
relationship to other land uses or
Changes to design guidelines and/ or
compromise the concept and principles
deeelopment standards which, if
of the CLSP- 2 Amendment.
adopted would substantially change the
Pagc 8- 3
622
Central lathrop Specific Plan— Phase 2 f\ mendment Chapter F? ight Implement rion Minor changes to land uses which result OverviewofDevelopmentApproval in minor acreage changes of land uses, or Ptoeess
other changes altering land uses, which
do not significantly affect the key The approval of any development project within planning concepts or principles set forth
CLSP- 2 mendment Plan rlrea shall be based on
in this CLSP-? mendment. its consistency with the I.athrop General Plan, the CLSP- 2 Amendment, the CLSP- 2
Changes to the collector street system l mendment Design Guidelines, and the Lathrop and alignments that do not significantly 7oning Code. In addition, each application for a alter the intended land uses or circulation
development project within the CLSP- 2
functioning as set forth in this CLSP-?
mendment Plan Area will be evaluated to assess
rlmendment. the applicability of environmental mitigation measures included in the 2022 Lathrop General
The relocation or reconfiguration of Plan FIR to determine whether future open space that is not less in acreage size environmental revie v is required under CEQ than specified minimums in the CLSP- 2
I'ublic Resources Code Sections 21166; 21083. 3.
mendment.

See also CEQr Guidelines Sections 15162-
15164, 15182, and 15183).

Changes to design guidelines
architectural types and materials,
Development projects within the CLSP- 2
landscape materials, etc.) and/ or
Amendment Plan rlrea are subject to the
development standards that do not standard permit and approval requirements of substantially change the physical the City of Lathrop' s Zoning and Subdivision character of the CLSP- 3 mendment Urdinances, except as modified by this Specific development as envisioned.

Plan Amendment and related approvals.

Clarification and interpretation of land
Site Plan Review Conditional Use
uses. Permits, Varrances, and otherpermits
forindividual development projects
Any change to the CLSP- 2 Amendment SiLe Plare rc itectzrral De.cign Reviezv d at would not significantl increase
environmental impacts. Generally, all industrial projects within the CLSP- 2 Amendment Plan Area will be subject to
tlpplications for minor amendments shall be Site Plan/ r rchitectural Design Review by the submitted to the Planning Division and shall City-; design review shall be implemented before include a description of the requested issuance of building permits. Also, all public amendment, a
justification statement, and the improvements ( such as landscape planungs, application processing fee ( determined by the street and entry signs, lighring, or special paving) City Council). Minor amendments shall require are subject to Site Plan/ r rchitectural Design Community Development Director approval. Revie v. 111 Site Plan/ Architectural Design Revie v
procedures will be conducted in
n amendment or amendments to this CLSP- 2
compliance with Chapters 17. 100 and 17. 104 of
Amendment shall not require a concurrent the Lathrop Municipal Code. general plan amendment unless City Staff
determines that the proposed specific plan Conditiortal L se Pernit3 amendment would not be consistent with the
General Plan goals, objectives, or policies.

Pagc 8- 5
623
Cen[ ral Lathrop Specific I' lan— Phase 2 Amendment hapter]. i; ight: Implementation T'he development of certain land uses within the The implementation program for the CLSP- 2 CLSP- 2 Amendment Plan Area or within certain r mendment is designed to allo v development of locations may require a conditional use permit the CLSP- 2 mendment Plan Area and CUP) based on the Lathrop ' Loning Orciinance. construction of supporting public improvements Issuance of conditional use permits are governed to be phased. Phasing is a critical component of by Lathrop Municipal Code, which specifies the the CI.SP- 2 Amendment for the following application process, including the submittal of reasons:
plans, processing fees and related information as
may be needed. CUPs are subject to apublic It allows the backbone infrastructure hearing held by the Planning Commission that necessary to support development to be must make findings prior to appro- a1. constructed and financed in manageable increments on an as- needed basis.

The 2022 Lathrop General Plan, I,and Use
Element, Implementation Action, LU- S. f, b., iu., It assures the construction of backbone h., requires that all development projects infrastructure will stay ahead of the proposed north of Dos Reis Road and south of development it serves while, at the same De Lima Road be required to obtain a
time, providing the fleYibility- to respond to
Conditional Use Permit ( CUP), which shall be changes in market conditions. subject to discretionary revie v by the City
Council. It is more efficient because it minimizes the
extent to which costly public improvements
arianee. r requiring on- going maintenance will be
constructed only- to sit unused unul
In some instances due to special circumstances development occurs. applicable to a property, Chapter 17. 120 of the
Lathrop i Tunicipal Code authorizes the Planning It provides an opportunity- to coordinate land Commission to consider and grant " major" secured infrastructure financing more closely ariances to specific development standards as vith market absorption resulting in higher set forth in the zoning code. " I'he Community lien to value ratios.

Development Director may consider and grant
minor" variances. Chapter 17. 120 of the The CLSPPhasittgPt' ogtam Municipal Code includes a discussion of major
and minor variances, submittal requirements and The CLSP- 2 i mendment land uses, and the requirements for a
public hearing. backbone infrastructure ( refer to Chapter Sis fvr details), are designed to be developed in t vo
Bcrildind, Gradin ancl Denzolitiorr Perrnits primary phases, with the possibility of multiple sub phases. The two primary phases of
1 builciing permit is required prior to the de relopment are sho vn in Figure 8- 1. Both construction, alteration, or renovation of
development phases within the CLSP-2
builciings, including interior unprovements.
mendment Plan rea rely on infrastructure
Grading permits are required for the e cavation, that was constructed to the south within the fill or moving of dirt in ehcess of 50 cubic yards original CLSP Phase 1 Plan Area such as the on any building site vithin the CLSP- 2 area. underground utilities and pump stations.

Issuance of a demolition permit by- the Lathrop Reunbursements for the oversized utilities I3uilding Department is required prior to removal 7thin the original CLSP Phase 1 Plan rea will of existing buildings.
be paid through the City of Lathrop' s Capital
Facility Fee ( CF Program.

Phasing
i a; s624
Central I. athrop Spccific Plan— Phase 2 Amcndmcnt haptez l. ight: Implementarion The first phase of the CLSP- 2 Amendment Plan complete so long as a demonstration is made, Area is a single parcel adjacent to Dos Reis to the satisfaction of the Public ' orks Road near the intersection of Uolden L' alley Director or City Engineer, shocving that an Parkway that is appro imately 90 acres. The interim alternate solution can be constructed, second phase is the remaining area vithin the and that flooding will not occur. Projects CLSP- 2 Amendment Plan Area. Development shall comply with NPDES standards. phasing may be further divided into sub- phases
as market conditions and infrastructure r1 developer may also request that changes be financing options warrant. The timing of the made to the backbone infrastructure required to ultimate buildout will depend upon market serve the CLSP- 2 ( as such infrastructure conditions. requirements are set forth in Chapter Six) in order to respond to changing conditions of
Infrastructure Administration development or the availabiliry of new r developer may request either changes to the
technologies to address the infrastructure needs
initial infrastructure phasing plan shown in created by development. Such changes in the Figure 8. 1 or the establishment of sub phases.
backbone infrastructure plan are e: plicidy
Changes to the inival infrastructure phasing plan
allo ved without amendment to the CLSP-?
or the establishment of sub phases are explicitly
provided a developer demonstrates, to the
allowed without amendment to the CLSP- 2
satisfaction of the Public Works Director and
provided a developer demonstrates, to the Community Development Director, that the satisfaction of the Public Works Director and proposed changes meet certain performance or Community Development Director, that le el of service standards prescribed in the infrastructure impro- ements necessary to project development agreements or, vhere adequately serve the phased development will be applicable performance or level of service provided in atimely manner and will be sufficient standards are not prescribed, results in a leael of if no further development occurs. For e ample:
service that is at least comparable to the level of
sercice that vould have been provided had the
Roadways may be constructed at less than changes not been proposed. full width, or full length so long as the
interim roadways are functional and safe and
meet City improvement standards as
determined by the Public Works Director or
City Engineer;
Certain segments of the cater and/ or
recycled vater systems may be deferred until
needed to serve a particular phase or sub
phase so long as adequate looping and
pressure are provided as determined by the
Public` Uorks Director or Cit Engineer.;
As it relates to stormwater runofF from
inciividual developments, interim drainage
solutions, such as temporary retention basins
may be employed until off-site £acilities ( i.e.,
permanent detention pipes, pump stations,
force mains and/ or outfall structures) are
Ya; c 8- 7
625
Centra] Lathrop Specific Plan— Phase 2/ lmendmcnt Chapter i ight: [ mple cnentation Figure 8. 1- Phasing Map
CENTRAL LATHROP SPFCIFIC PLA1 1 PHASE 2 AMENDMENT
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Phase I( Within CLSP- 2 Ameaslment Plan Area)
Phase 2( N' ithin CLSP- 2 Amrndm nt Plun Area)

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CLSP- 2 Ameodment Plan Area 6oundary Figure 8. 1
N.T. S. CLSP- I PlanAria& umfary pu/, ( j T( t ( A T3
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C Central Lathrop Specific Plan- Phase 2 Amendment
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Yagc 8- 8
626
Central Lathrop Specific Plan— Phase 2 lmendment Chapter li;ight [ mplement2rion Capitallmprovement and Operation/ operate and maintain all public facilities in the Mainterlance Responsibilitres CLSP- 2 with the eYception of those operated and maintained b- special service providers, such as
The responsibilities for capital unprovement the reclamation district maintaining the levees. provisions and ongoing operation and Refer to Table 8. 3 for a matris identifying the maintenance of public faciliues and sen-ices are ty pes of capital improvements and who is another unportant element of the overall CLSPxesponsible for the associated 2 implementation program. The City is to
operation/ maintenance.

Ta6le 8. 1: Capitallmprovement and Operation/ Maintenance I ee on ibilitieCapital Improvement Capital Improvement Operation and Maintenance Responsibility Responsibility
On- site strcets, alle s, and shared Dcvcloper[ ndividual ity for public stmets driveways( within CI, SP- 2 boundary) Property Owncr Owncrs ssociarion fot private streets
Off- site streets( outsidc of the CLSP? llcvelopec City oc other public agency boundary) f ir share as idenrified in Capital
acilih ee ro rram
Yotable Watec Distribution I acilities lleveloper City
ndividual Property Owner
Potablc Surfacc Watcr Supply South San Joayuin Irrigation l istrict Citv ity
Yotable Surface Water Treatment and South San foaquin Icrigarion District . i y Transmission I acilities Cin
Potablc Groundwatcr Supply Developer Cit
Cin
Potablc Groimdwatcr 1' reatmcnt llcvdoper ity
l acilities Cit
lastewatcr Collecrion } aciliries, llcvcloper ity
including pump statiou(,) Individual Propertp( huner
W stew terTreatmentl aeiliries Ciri City
Recycled Water Distribution l acilitics Developer Ciry
iry
Stocm llrain gc ( includcs all facilitics llcvcloper Ciry induding pipcs, pumps, and ba, ins) Individual Property Chvner Dry l'rilirie,( electrie, gas, commimication,) Utiliry Comp tnics Utility Cr>inpanies llcvcloper
ndividual Property( hvncr
Yublic Packs and Opcn Spacc, including City 1 City or> thcr PubGc enrity trails and public riglits- of-way llcvcLoper lndividua] landsca vi r. Yro ertc Owncr
l icc Station tnd li.yuipment athrop- I 4anteca E ire District l,athrop- Iblanteca} ire llvtitrict P licc Station and Gquipmcnt Ciry Citv
l, evec aud related easemc7its Keelamation District 17 Reclamation District 17 1] The potential trail along the levee adjacent open space shown on Figure 3. 10 will be funded by a capital unprovement fee program and constructed by the Cit.

Interpretation ofSpecific Plan Two of the prvnary objectives of the Central Lathrop Specific Plan-2 Amendment_are:

Amendments to the Specific Plan, including the
Design Guidelines, may be proposed by a
to maintain fleYibility and the ability of the
developer or property o vner or initiated by the Cit- and property o vners to react quickly to City, and shall be processed in accordance with changes in the marketplace, and the provisions described in this chapter.

Pagc 8- 9
627
Central]. athrop Specific Plan— Yhase 2 Amc idment hapter} i,ight Implementation to ensure, to the extent reasonably possible, those proposals by which a developer or the ultimate development of the CI.,SP- 2
land owner, in response to changing
Amendment at the overall level of intensity conditions of development or the of land use assumed in the CLSP- 2
availability of new technologies,
r mendment as approved. proposes to modify the initiallyapproved phasing plan provided b}- a The latter objective is intended to ensure the developer demonstrates, to the recovery of infrastructure investments made in satisfaction of the Public Works Director reliance on such assumed intensities and densiries. and the Community Development To achieve these two objecrives, the City intends Lllitector, that the infrastructure that the CLSP- 2 Amendment be interpreted and improvements necessary to adequately applied with as much flesibility and creativity- as is sene the developing portion of the site permissible vithin the reasonable scope of the will be provided in a timely manner. language of the CLSP- 2 Amendment. ' here Such proposals shall be deemed to be in these t vo objectives can be achieved through the substantial conformity with the CLSP- 2 reasonable interpretarion of the CLSP- 2 Amendment.
mendment, rather than through formal
amendment, such interpretarions is desirable and those by which a developer or land favorable over amendment. . ccordingly, formal o vner seeks to modify trail alignments, amendments shall not be necessary- where a fence locations or types, or similar specific development proposal is in " substantial CLSP- 2 Amendment features in conformity" w-ith the CLSP- 2 Amendment. common areas such as parks, trails, and other public amenities. Such proposal
The Community Development Director may shall be deemed to be in tiubstantial deterinine that a specific development proposal is
conformity- « ith the CLSP- 2
in substanrial conformit vith the CLSP- 2
r mendment unless the proposal is
Amendment, where, considering all aspects of the fundamentally inconsistent vith the proposal, the he/ she determines that the proposal development patterns envisioned in the will further the objectives and policies of the CLSP- 2 Amendment in terms of the CLSP- 2 Amendment and not obstruct their general locations of public amenities, attainment. Such as proposal need not be in trail locarions and alignments, and other perfect conformity with each and very- provision private land uses. of the CLSP- 2 Amendment policy, provided it is
consistent with the intent and basic objectives, those by which a developer or land policies, general land uses, and programs specified owner seeks to add new architectural in the CLSP- 2 r mendment. Where die styles oY planning concepts to the Design Community Development Director determines Guidelines. Such proposal might that a
particular development proposal is not in include, but not necessarily be limited to, substantial conformity w7th the CLSP- 2
changes in permitted builciing materials
mendment, the land ownet mal; ing the proposal or detailing, addiuonal design styles, has the right to appeal that deterirunation to the changes to plant palettes, and different Planning Commission and, if necessary, to the entry concepts. Proposal for such new Ciry Council. architectural styles or planning concepts shall be accompanied b5 a written
The following general categories of proposals description of the style, a schematic shall necessarily be determined to be in substanrial drawing, and an illustration of conformity with the CLSP- 2 r3mendment, being: architectural or planning elements that Pagc 8- 10
628
Central L, athrop Spccific Plan— Yhase 2 i\ mendment Chapter I; ight: [ mpicmentation typify the proposed style or concept.

Such proposal shall be deemed to be in
substantial conformity with the CLSP- 2
Amendment unless the new architectural
style or planning concept is
fundamentally inconsistent with the
aestheuc ision embodied in the original
Design Guidelines.

Specific Plan Consistency and
Enforcement
Any violation ofthe requirements of the CLSP- 2
Amendment as adopted by the City Council shall
be enforced in the same manner as a violation oE
the Municipal Code.

Pa; c 5- 11
629
Chapter Nine: Financing
Introduction backbone infrastructure, community facilities, and public services in the CLSP- 2 Amendment Plan
Development in the CLSP- 2 r mendment Plan
rea. These mechanisms include but are not
Area is to be constructed and maintained through limited to:
a combination of financing mechanisms. This
chapter describes a
preliminary Financing Plan and Community F acilities Districts, Assessment identifies various financing options that may be Districts, Benefit Districts, Infrastructure utilized to unplement the CLSP- 2 Amendment. Financing Districts, and Joint Powers Arrangements for capital construction.

Financing Plan
The funding mechanisms for unprovements within Lighting and Landscape Illistricts, Community CLSP- 2 Amendment Plan Area may include
Facilities Districts, other maintenance
development impact fees and fee credits, private
assessment districts, and/ or user charges for
financing and reimbursements, Mello- Roos ongoing operation and maintenance purposes. community facilities and assessment districts, and
Principle 3 — The City may enter into a Joint
other public and private strategies. Po vers greement with the County, State, or an Once City staff, the Deeeloper( s), and other public
other appropriate governmental agencies that
entities agree upon specific improvements and
facilitates the financing of infrastructure
faciliries that need to be constructed in the CLSP- Provements. 2 r mendment Plan Area, appropriate funding Principle 4— The City shall establish appropriate mechanisms will be identified for each individual reimbursement mechanisms in the event that the
improvement and facility. CLSI 2 Amendment I lan r rea is required to pay The following principles shall govern the for oversizing of backbone infrastructure or public implementation of the Financing Plan unless
facilities beyond its faic share to the benefit of
other vise stated in an applicable Development existing or other new development in the Cit,y-.

Agreement:

Principle 5 — The City shall consider
Principle 1 — Ne v development in the CLSP- 2
Plementing fiinding and reimbursement
Plan Axea shall be required to pay its o vn way.
mechanisms to help facilitate the fair allocarion of
There shall be no cost to the City' s
esisting
backbone infrastructure and public facilities
residents for facilities or services necessary to ser re construction costs among the various landowners
the CLSP- 2 Amendment Plan rea. All costs of
in the CLSP- 2 r mendment Plan Area.
municipal ser ices Yelated to the CLSP- 2, be they Principle 6 — The Cit will reasonably assist on- site ot off- site, shall be borne by the individual developers in the CLSP- 2 Amendment Plan rea
development.
in obtaining public financing for construction of
Principle 2 — The Cit will consider the both on- and off- site public improvements. establishment of appropriate public financing Principle 7 — The City may help fund public mechanisms to help finance the inirial
pro ements such as the levee adjacent open development and ongoing maintenance of 1' agc 9- 1
630
space benefiting the entire population of the City. facilities, and community services include, but are These improvements may be supplemented by not limited to:
including them in the Capital Improvement Fee
Program. Irafra tructure Financina Districts
Updates ofFinancingPlan
An Infrastructure Financing District ( IFD)
allocates a portion of new property taaes to pay for
Updates of the Financing Plan shall occur as capital itnprovements. Essentially, when ta signiFicant new informarion becomes available increment financing is utilized, subsequent regarding backbone infrastructure and public increases in taY revenues are set aside for the use facilities cost esumates, land uses, and funding of the financing district. A requirement of an IFD strategies. An administrarion- and- monitoring is that it is used only in areas that are substantially process shall be established to provide for underdeveloped. Formarion of an IFD and implementation and updaung of the Financing issuance of bonds is contingent upon the twoPlan. tllirds approval ofthe registered voters or property o vners in the area.

Financing/ Fiscal Measures
Facilities eligible per Government Code section
Various financing measures could be utilized to 53395. 3 for financing through an IFD include the implement both the development and the following facilities:
operation and maintenance of backbone
infrastructure, public facilities, and community High vay interchanges, bridges, arterial services. streets, parl ing facilities and transit facilities Before the recordation of any tentative tract map Sewage treatment and water reclamation vithin the boundaries of the CI, SP- 2, appropriate plants and interceptor lines financing mechanisms will be established to ensure
adequate funding of capital improaements is Y ater collection and treatment facilities for available at the time when the improvements need urban use to be constructed. Payment schedules and sources
of funds for the repayment of any proposed debt Flood control structures vill be identified for each such mechanism.

Child care facilities
Ongoing special tax and/ or assessment revenues
are to be earmarked to fund operations and Libraries
services in the CLSP- 2 r menciment Plan rea. The
level of public facilities and services in the CLSP- 2
Parks, recreauonal facilities and open space
r mendment Plan rlrea are to be of the same or
higher quality as presendy being provided Solid waste transfer and disposal facilities. elsewhere in the City. Such ongoing operational
concerns would include police and fire services,
park and road maintenance, and other municipal
services generally provided in a cin-.

The various mechanisms that may be used to
implement the development and the operation and
maintenance of backbone infrastructure, public
Pagc 9- 2
631
Capital Facilities Pee.c operarion and maintenance of street rights of ways and other public unprovements.

A range of Capital Facilities Fees ( CFF has been
established in the City of Lathrop. for funding of GeiteralO ligation Borad.r sewer, drainage, environmental mitigation,
transportation, culture and leisure, and municipal In 1986, vith the passage of Proposition 46, cities service facilities. Some of the backbone and counties were empowered with the right to infrastructure and public facility improcements issue general obligation bonds. General obligation that need to be constructed in the CI.,SP- 2 area fall bonds, which are repaid with revenues from into the CFF category. increased property tases, may be used to finance land acquisition and construction of capital
Special Taxe. r
improvements. A general obligation bond requires
a t vo- thirds voter approval.

Special ta es ty ically are generated through
formation of I lello Roos Community Facilities entte Bonc(s Districts or other similar mechanisms. F ormation
of Mello Roos Districts require approval by t o- Cities, counties, and some special districts can issue thirds of the property owners or the electorate bonds to finance facilities for revenue- producing within the proposed district boundary if there are enterprises such as water and sewer improvements, twelve or more registered resident voters. The golf courses, harbors, etc. The bonds are repaid special taYes generated from I Iello Roos Districts solely from the revenues generated by the financed may be used to pay for purchase, construction, faciliry. Revenue bond issuance may require voter espansion, improvement, operations and authorization.
maintenance, or rehabilitation of real property with
a useful life of five years or more. Alternarively, the j a rea Deve opmerzt Im act Fees
special taxes can be used to fund the debt service
Generally paid at the time of building permit,
for bonds that have been issued for financing of
development impact fees may be charged for
such improvements.
construction of facilities benefiting the affected
SpecralAssessments
area. nexus study is rEquired to justify the
imposirion of the plan area development impact
Most of the special assessment acts provide for the fees. ' I'he City can adopt the fees through approval issuance of bonds. These bonds generally are of an ordinance and/ or resolution. secured b the property in the district, and the
bonded indebtedness is repaid with the money
Tl irclParty. rsistance
generated through the assessments. Some of the
Some costs may be eligible for outside financing
most common types of special assessments are
assistance. For example, schools and libraries may
outlined in the Improvement Act of 1911, the
be partially financed by state contributions.

Municipal Improvement Act of 1913, and the
Improvement Bond rlct of 1915. Private DeueloperF'i taraczytg Landscape andLighting Di.rtric ts In addition to the use of public financing mechanisms, private developers in the CLSP will
The most commonly known and widely used
be required to pap for a significant portion of the
special assessment is a Landscape and Lighring backbone infrastructure and public faciliues District, enabled by the Landscape and Lighting de elopment costs.

Act of 1972 ( Streets and Highways Code Section
22500 et ea•). A Landscape and Lighring District Financ7ng of Ongoing Operation andMaintenance may be formed to assist in funding of the ongoing

632
Financing of ongoing operation and maintenance U.rerFee. r of the public facilities and services is another
important element of the overall financing I'rimarily charged by utility providers, user fees program for the CLSP. The City is to operate and . may be charged to pay for the cost of sen-ices. For maintain all public facilities in the CLSP with the
example, the City, through its Public Works
exception of those operated and maintained by
vepartment, will determine and assess a user fee
special service providers. For eYample, the
for water and sewer services in the CLSP- 2
reclamation district maintains levees.
mendment Plan Area.

A Landscape and Lighting District or a I Tello Roos
Kegional Trcrn.+iortation I%eee
CFD Services District may be formed to assist in In 1990, San Joaquin voters passed the Measure K funding of the ongoing operation and maintenance Ordinance and Espenditure Plan ( Measure K), of street rights of ways and other components. W ch establishes and implements a 1/ 2- cent sales tax for transportation purposes up to year 2011.

A detailed operation and maintenance budget is to
Measure K provides for the unplementation ofthe
be developed for each public facility and service
San Joaquin E penditure Plan, resulting in
prior to the recordation of the first tentarive tract
county-wide transportation facility and ser- ice
map in the CLSP-?. The budget vill identify the
provements including highway, public transit,
appropriate sources of funds and the agencies
railroad grade crossing, and passenger rail
responsible Eor maintenance and operation of the
improvements.
facilities and services.

In addition, the San Joaquin Council
The City intends to utilize a
variety of financing Governments, the regional planning agency for measures for operation and maintenance. iliese
San Joaquin County, established a county vide
measures include but are not limited to:
regional transportation impact fee ( R"I'IF.

Prof erty Tcrxe. r
trgation Fees
I'he City receives a
portion of the 1- percent Payment of fees may be required to mitigate the property ta paid by all residential and commercial pact( s) that the development of the CLSP- 2 has property o vners within the City limits. 1 s the on the environment and esisting development.

CI,SP de elops, the incremental property tai is to
be used to pay for the services requited by new
Specicrll. rsess nestt
residents. In addition, existing special districts, like Special assessments may be charged to the CLSPthe Lathrop- I lanteca Fire District, that also receive 2 lmendment users to pay for operation and a direct allocation of the 1- percent propert ta,
maintenance of public infrastructure. Special
will use the incremental taxes to provide required assessments cannot e ceed the cost of providing services. Property taxes are likely to be the primar services and are limited to special beneFt funding source for operation and maintenance of propertics subject to the assessment received. T'he the special districts. most commonly known and widel used special assessment is a Landscape and Lighting District,
Sale Ta es
enabled by the Landscape and Lighting r ct of 1972
Retail establishments in the CLSP- 2 rlmendment Streets and F- ighways Code Section 22 00 et seq.).

Plan 1rea generate sales tax revenues for the City.

These taXes, of which the City receives a large S ieczal Taxe. r portion, are to be used by the City to pa,y for sello Roos Community Facilities Districts ( CFD) services provided to its ne v and e
isting residents. also allo v for collection of special tases to fund

633
operations and maintenance of facilities built or recendy been established. Further investigation of financed with CFD bond proceeds. The operations potential funding sources is appropriate. FIo vever, and maintenance costs funded by the special taxes since the availability of funding from these sources have to be new costs associated with the new is unknown, it has not been assumed that these development. The special taxes cannot be used to sources would be available for development replace general fund revenues. financing.

Dedicatioras and Exactions An eaample would be the EIFD for funding 200- y ear flood control improvements for the Fix in
Under the Subdivision Map Act, developers may Place Project. be required to dedicate land or make cash
payments for public facilities required or affected ReimbursementAgreements by their project ( e. g., Yoad right- of-wa fronting
individual properties). Dedications are typically Each benefiting property in the CI, SP- 2 made for road and utility rights- of-wa}, park sites, lmendment Plan r rea is required to pay its fair and land for other public facilities. Cash share of the backbone infrastructure and public contributions are made for other public facilities facilities construction, maintenance, and land that are directly required by their projects ( e. g.,
acquisition costs. I'o the extent a developer or
payments for a traffic signal). landowner may be required to dedicate land for public purpose; fund the acquisition, construction,
Developrtentll reemertts or operation and maintenance, or othercvise contribute to the provision of public facilities
The City and developers in the CLSP- 2 may enter and/ or services ( including the oversizing of such into development agreements. These agreements facilities); finance the preparation of this Specific
outline responsibilities for financing and
Plan amendment and the processing of the related
construction of backbone infrastructure and public entidements including anne ation; or incur costs facilities, as vell as for funding of ongoing related to the legal defense of such entitlements in operations and maintenance of the facilities and
e cess of his or her fair share to the benefit of other services in the CLSP-? I mendment Plan r rea.
properties, a revnbursement mechanism shall be
I"hc Cit may design and build the required
executed to ensure a fair- share cost allocauon
infrastructure and public facilities and fund the
among all properties. The reimbursement
construction through collection of development
mechanism can be in the form of a benefit or
impact fees, issuance of bonds, or any other
another type of a financing district, a private or
appropriate financing mechanism. If a developer is
public reimbursement agreement, and/ or anyrequired to design and build the improvements, fee other appropriate arrangement that can guarantee
credits and acquisirion agreements with the City or a fair allocation of costs. other public agencies may- be utilized along with
issuance of bonds, pri ate fmancing, and other fair share cost allocation shall be implemented funding mechanisms.
through the Financing Plan for on- and off-site
improvements, based on net costs aftex accounung Federal and State Grarat' for any Federal, State, regional, ox other public
The Cin has in the past received funding for public funding that may have been obtained. facilities from other levels of government,
including the State and federal government.

Historically, these funding sources were more
available; however, several sources of grant
funding still remain and several new programs have

634
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by * r;' o*, r^„, Chapter 17. 62 Central Lathrop Zoning Districts
Article 6. IL- CL: Limited Industrial Zonin District

17. 62. 061 Purposes and application.

The IL- CL district is intended to provide opportunities for certain types of limited industcial uses to provide adec ate space to meet the needs of modern industrial development, includin offstreet parkin and tcuck loading areas; and to provide industrial employment opportunities fior residents of the citv and region. The IL desi nation accommodates a wide ran r job - eneratin
uses, inc( uding business parks; clean li ht industrial; research and development R& D); science. technology, en ineerin, and math ( STEM; tech/ biotech manufacturing; high-teeh services that incorporate some combination of assembly, warehousin, and/ or sales, hospitals and other hea( th care- related uses, varehouses and distribution centers. ecial provisions a plv to properties located between Dos Reis Road and De Lima Road. See Section 17. 62. 068.

17. 62. 062 Permitted uses.

A. Li ht industrial and related uses, includin

1. Off-street parkin lots improved in conformitv with Chapter 17. 76;

2. Assembly of small electric a pliances, such as liglltin tixtures, irons, fans, toasters and electric toys, refri erators, washin machines, dryers, dishwashers and similar home appliances;

3. Assembly of small electrical equipment. such as home motion picture eql ip nent, stereos. video cameras and cadio and television receivers but not includin electrical machinerv;

4. Manufacture of scientific, medical, denta( and drafti instruments, orthopedic and medical appliances, cameras and photo raphic equipment, except film, electronic equipment, musical instruments, precision instruments, optical oods, watches and clocks;

5. Manufacture of ceramic products. such as potter urines and small lazed ti( e;

6. Manufacturin, assemb( in 7.,, compoundin, packa in and processin of cosmetics, dru s, pharmaceuticals.( not includin re tinin„,7or renderin of fats or oils) and toi( etries:
635
Central Lathrop Zoning Districts— Chapter 17. 62 Mark-Up ATTACHMENT 4

7. Manufacture and assembly of electrica( supplies, such as coils, condensers, crystal holders, insulation, lamps, switches and wire and cable assemblv, provided no noxious or offensive fumes or odors are produced:

8. Manufacture of cutlerv, hardware, hand tools and furniture. dve and pattern making, metal stamping and extrusion of small products, such as costume jewelr pins and needles, razor blades. bottle caps. buttons and kitchen rtensils;

9. Manufacturin, assemblin . compoundin packa in , c rating and processing of articles or merchandise from the followin previousl prepared materials: bone, canvas, cello,phane, cellulose, cloth, cork, feathers, felt, fiber and synthetic fiber, fur, ( ass. hair, horn, leather, paint ( not emplovin, a boilingprocess), paper, plastics, precious or semiprecious metals or stones, rubber and svnthetic rubber, shell, straw, textiles, tobacco and vood:

10. Manufacturin, assemblin , compounding, processin;, packagin or treatment ofi such products as bakery ; oods, candy, dairy products, food products, including fruits and vegetables, but not includina fish and meat products, pickles, sauerkraut, vine ar or yeast, or refining oc renderin of fats and oils;

11. Blacksmith shops, boat building, electric motor rebuilding, machine shops and paint shops;

12. Gasoline service stations, including dispensin of diesel, natural as, and ( iquid petroleum gas fuels and complete truck service;

13. Lumber yards, includin plannin mills and saw mills; mattress manufacture; storage yards for commercial vehicles or feed; tlour, feed and ; eain mills;, grain elevators;

14. Man fact re and maintenance of electric and neon siUns. billboards and commercial advertisin structures;

15. Public utilitv and pub( ic service structures and facilities, such as communications eqliipment buildin s, electric distribution substations, electric transmission si bstations. as re, ulator stations, pumping stations, public utilitv service yards, corporation acds, railcoad ri hts- of-way and stations. reservoirs and storaae tanks:

16. Public buildin s and grounds.

17. Incidental and accessory structures and uses such as retail, office, etc., located on the same site as a permitted use;

18. Wineries and wine cellars, small, medium and lar

19. Business parks and incubator spaces;

20. Research development industry and business sup ort services; 636
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 4

21. Warehouse and distribution facilities;

22. Other uses which are added to this list according to the procedure i Section 17. 16. 020.

17. 62. Ob3 Permitted uses— Administrative approval required.

A. T' he followin; uses mav be permitted in accordance with the provisions of Chapter 17. 108:

1. Gas and electric transmission lines in accordance with Section 17. 108. 080:

2. Watchpersons' livin- quarters incidental to and on the same site with a permitted limited industrial use;

3. Mobile or modular offices in accordance with the requirements of mobile or modular offices;

4. Other uses tivhich have been added to this list according to tlle procedure i Section 17. 16. 020;

5. Temporary uses pursuant to Section 17. 108. 090.

17. 62. 064 Conditional uses
A. The followin uses mav be permitted in accordance with the provisions of Chapter 17. 1 12:
l. Hospitals;

2. Bulk storage and deliver. quefied petroleum

3. Fxcavations accordin to the requirements of Chapter l 7. 88;

4. Expansion, remodelin, or additions to a conditional use that are not co lsidered an incidental or accessocy use as defined in Section 17. 04. 080;

5. Outdc or vendin stalls for the sale or trade of ne v and used articles at specitied ti nes ofi the day and week as either a temporar pecmanent use of land;

6. Other uses which are added to this list accordin 7
t e pcocedure in Section 17. 16. 020;

17. 62. 065 Property development standards.

All uses shalf be consistent witl Article 12, Development Standards, of this chaptec. Where development standards are not specifica( Iy identified in this document, reference the citv of 637
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 4 Lathrop Zoning Ordinance.

17. 62. 066 Site plan and architectural design re iew.

No use shall be erected on any lot or site in anv IL distcict until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17. 100 and 17. 104. Desi n review is required for all proposed structures, whether residential or nonresidential, together with related site plans, landscapin, and public improvements associated with new development within the Central Lathrop Specific Plan Phase 2 area.

17. 62. 067 Citv Council Review.

All development proiects proposed north of Dos Reis Road and South of De Lima Road shall obtain a Conditio lal Use Permit. PropertY located in this area is subject to discretionary review bX the City Council with recommendation from the Plannin Commission. Proposed developtnent and uses mav be pertnitted in accordance with the provisions of Cha ter 17. 1 12, except that the City Counci( serves as the final reviewin authorit

17. 62. 068 General provisions and exceptions.

All uses shall be subject ta the general provisions and exceptions in Chapter 17. 16, except if a development project is proposed north of Dos Reis Road and South of De Lima Road, the Planning Gommission serves as a recommendin bodv to the City Co ncil. The Citv Co u cil reserves the rin
t to provide discretionary review.

The community development director mav approve use interpretations and minor deviations elated to 'the zoning herein.
638
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 4 Article 12. Non- Residential Development Standards
Table 17. 62. 120 A Central Lathrop Specific Plan: Non- Residential Site Development Standards Office Neighborhood Park( P- CL) Residential Public/ Semi- Public/ Commercial Commercial Mixed- Use Neighborhood
CO- CL) NGCL) R/ MU- CL) Commercial

P/ SP/ NGCL
Lathrop
a' 0 n/ a' 0 0
Center District
Golden Valley 0 l0 n/ a n/ a' n/ a'
Parkway
Other Streets 10 n/ a' 10 n/ a 10
Other
Setbacks
Front, Rear
and Side 0 0 0 0 0
Yards
Height
Re uirements
Maximum
Building 75 45 45 65 45
Hei ht'
Special Tower
a 70 70 70 70
Elements
Minimum
Building n/ a 15 1 IS 15
Hei ht
Building
Se aration
Standard Per CBC' Per CBC' Per CBC' Per CBC s Per CBC'
Pedestrian
15 IS 15 15 15
Access Width
Lot Size and
Covera e
Minimum
None None None None None
Parcel Area
Minimum
None None None None None
Width
Minimum
None None None None None
De th
Maximum

0. 60 0. 60 0. 60 4. 0 0. 60
FAR
Maximum
70% 60% 70% 90% 70%
Covera e
Off-Street
Parkin
Remainder of
stall per 400 net usable sq. ft. for office; other uses per Chapter ( 7. 76 of the Lathrop Municipal Code CLSP Notes to Table 17. 62. 120
1 n/ a= not applicable.
2 Building or parking area fronting any public street - measured from property line or right- ofway. 639
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 4 3 Exceptions to maximum height may be granted through Design Review for towers, steeples, cupolas, dormers, flagpoles and other architectural elements. 4 Minimum width between structures when pedestrian access way provided. 5 California Bui( din Code.
6 Reductions of parking standards may be granted for shared parking subject to approval of a parking study concurrent with Design Review.

Table 17. 62. 120 B Central Lathrop Specific Plan: [ ndustrial Development Standards IL-CL
Minimlun Parcel Size ( sfl 5, 000
Minimt m Lot
W idth 50'
Depth 100'
Street Fronta e 50'
Minimum setbacks
Front Yard 15'
Side Yard 0' 2}
Rear Yard 0' '
Distance Between Structures Per CBC
Maximum Lot Covera e 70%
Maximum Buildin Height 76' '
Landscape Requicements 4
Landscape Covera e
10%
Minimu n)
5 Per Lathrop Zonin Parkin Requirements
p dinance, Chapter 17J6
Per Master Signa e
Si na e Pro ram, and/ or
Chapter 17. 84
Footnotes to ' I able 17. 62. 120 B:

Minimum standards may need to be revised based on parcel confi; uration and proposed land use; Community Development Director to approve minor deviations. l) Those sites with public street fronta e on a curve or cul- de- sac may have fronta es of not ess than 40', provided that the width of the site as rneasured along the front ard setback line is at least 50'.
640
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 4 2) Except where abuttin an eKisting adjacent residential use, the minimi m setback shall be 1 S'.
3 The buildinQ hei ht shall be no greater than sevent - six 76) feet, unless a tal( er buildin hei ht is determined to be warcanted by the approvi 1 authoritv. 4) For landscape standards reference Chapter 17. 92 of the Lathrop Municipal Code. 5) Measured as a percenta e of net lot acrea e.

Ord. 22- 431 § 1; Ord. 08- 276 § 1)
l
641
Attachment 5
Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment and Code Text Amendment No. TA- 23- 104
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/ sitesJdefault/ 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/ sites/ default/ files/ fileattachments/ comm unity developmentJpa eJ5622/ lathrop ashley warehouse 15183 cle an. pdf
The Environmental Checklist can also be viewed at the following link:
https:// www. ci. lathrop. ca. us/ com- dev/ pa e/ public- review- documents 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. 642
ATT, C H I E NT " "

CITY OF LATHROP
PLANNING COMiVIISSION RESOLUTION NO. 23- 12

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMMENDING THE CITY COUNCIL FIND THE PROJECT EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083. 3 AND CEQA GUIDELINES SECTION 151$ 3 AND ADOPT AN ORDINANCE APPROVING THE CENTRAL LATHROP SPECIFIC PLAN PHASE 2 AMENDMENT AND A MUNICIPAL CODE TEXT AMENDiVIENT TO CHAPTER

17. 62, CENTRAL LATHROP ZO1V' ING DISTRICTS OF THE LATHROP MUNICIPAL CODE ( TA- 23- 104)
WHEREAS, Section 65450 et. sec. of the California Government Code provides for the preparation and adoption of Specific Plans by general law cities for implementation of all ar part of an adopted Generai Plan; and
WHEREAS, Section 65453 of the California Government Code provides that a Specific Plan may be adopted or amended by either Resolution or Ordinance as provided by the local jurisdiction; and
WHEREAS, the Central Lathrop Specific Plan Phase Amendment and Zoning Code Text Amendment applies only to Phase 2 ( the project) and does not in any way apply to the Central Lathrop Specific Plan Phase 1 Project; and
WHEREAS, the AmendmenC to the Central Lathrop Specific Plan as it affects Central I..athrop Specific Plan Phase 2 Amenciment is a stand- alone document for the Phase 2 portion of Central Lathrop; and
WHEREAS, pursuant to Government Cade Section 65090, notice of the Planning Commission hearing was published in accordance with State law in at leask one newspaper of general circulation within the City of Lathrop at least ten calendar days before the Planning Commission' s public hearing; and
WHEREAS, prior to the CiCy' s approval of the 2022 General Plan Update, the City prepared an Environmentai Impact Report ( EIR) which analyzed the environmental impacts of buildout under the General Plan Update pursuant to the California Environmental Quality Act CEQA) ( Publie Resourees Code SecCion 21000, et seq.}, and the Lathrop City Council certified the General Plan Update Final EIR on September 19, 2022 ( State Clearinghouse # 20211Q0139),; and
WHEREAS, the analysis in the General Plan Update EIR allows the use af CEQA exemptionlstreamlining provisions for projects developed under the General Plan Update, including the proposed Project; and
Planning Commission Resolution No. 23- 12 Page 1 of 6
643
WHEREAS, the proposed Amendment to the Central Lathrop Specific Plan, as it affects the Phase 2 Project, is an amendment to the adopted 2004 Central Lathrop Specific Plan, which was adopted by Resolution No. 04- 1779 on November 9, 2004; and WHEREAS, the City intends to retain the 2004 Central Lathrop Specific Plan as the governing land use regulations for certain specified portions af the Specific Plan area including properties within the Phase 1 Specific Plan area; and
WHEREAS, the proposed Zoning Code Text Amendment amends Chapter 17. 62, Ceratral L tthr-op Zoning Districts to implemcnt the Central Lathrap Specific Plan Phase 2 Amendment; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates that the Planning Commission transmit its recommendation to the City Council by resolution; and WHEREAS, proper notice of this p ibiic 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 August 31, 2023 and mailed out to property awners located within a 300- foot radius from the Central Lathrop Specific Plan Phase 2 Amendment Project area on August 31, 2023, emailed to the City' s Public Hearing subscribers and interesCed parties and posted at three ( 3) locations accessible to the public; and
WHEREAS, the Pianning Comnnission has utilized its own independent judgement in adopting this Resolution.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Lathrop does hereby make the following findings:

Section l. This Resolution incorporates, and by this reference makes a part hereof, that certain Amendment to the Central Lathrop Specific Plan as it affects the Central Lathrop Specific Plan Phase 2 Amendment Project, as shown in Attachment 2 of the Planning Commission Staff Report, relaCive to the proposed developmellt of the Central Lathrop Specific Plan Phase 2 Amendment Project area on certain real property consisting of approximately 724- acres located in the City of Lathrop.

Section 2. California Environmental Quality Act ( CEQA) Findings. Pursuant to Public Resources Code section 21083. 3 and CEQA Guidelines section 15183, the Planning Commission finds as follows:
l. 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;
Plannin Commission ReSotution No. 23- 12 Pabe 2 of 6
644

2. Pursuant to the Planning Commission Staff Report and the attachments and exhibits thereto, including but nat limited to, the Environmental Checklist, prepared by De Novo Planning Group, dated August, 2423, 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 EIR; ar 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 EIR was certified, are determined to have a more severe adverse impact than discussed in the General Plan 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.

3. All applicable General Plan policy and implementation actions and uni ormly applied development policies, standards andlor regulations are, hereby imposed on the proposed project and must be adhered to by the Project applicant in accordance with the Amendment to the Central Lathrop Specific Plan. To the extent the City has not previously made findings regarding any/ all of those referenced General Plan Update policy and implementation aetions and unifarmly applied development policies, standards and/ or regulations, the Pianning Commission hereby 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 substanCially 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 services systems, and wildfire).

Section 3. Specific Plan Findings. Pursuant to State of California Plannzng and Zoning Law, the Planning Commission finds and deTermines as follows:

1. The 2004 Central Lathrop Specific Plan adopted pursuant to Resolutian No. 04- 1779 shall be in full force and effect as to that portion of the Specific Plan that covers Phase

1. 2. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments for Phase 2 is consistent with the goals, policies, implementation measures, and general land uses specified in the 2022 General Plan L'pdate because it promotes job- generating land uses within the Phase 2 Amendment area and specifically implements Implementation Measure LU- S. f of the General Plan, which requires the City to update the Central Lathrop Specific Plan to be cansistent with the adopted General Plan Update.

Planning Commission Resolution No. 23- 12 Pa e 3 of 6
645

3. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments is consistent with the goals, policies, impleznentation measures specified in khe General Plan Update related to promoting the development of job- generating land uses to support existing and future businesses. The Central Lathrop Specific Plan Phase 2 Amendment ensures that the City' s economic base will be strengthened by promoting deve] opment which will create a variety of high quality long- term jobs and shorter term construction jobs and encouraaes future developers to finance public facilities for long-term infrastructure solutions and public services. Additionally, the 2004 Central Lathrop Specific Plan, as amended by the proposed Phase 2 Amendment is consistent with the General Plan lipdate goals related to achieving visual and functional quality of new development because it requires the provision of open space within the planning area and the provision of landscape buffers between the Phase 2 area and sensitive receptors.

4. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendment, is consistent with Che goals, policies, general land uses and implementation measures specified in the General Plan Update because it ensures that proposed land uses will receive an adequate level of public services, facilities and protection by implementing the goals and policies of the Public Facilities and Services and Public Safety Elements of the General Plan.

5. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendment, is consistent with the goals, policies, general land uses, and implementation measures specified in the General Plan Circulation Element because it ensures that streets and highways will be constructed in accordance with the Traffic iVlonitoring Program to serve the new development.

6. The 2004 Central Lathrop Specific Plan, as modified by the proposed retated Amendments, is consistent with the goals, policies, general land uses, and implementation measures specified in the Environmental Justice Element because it ensures that measures are in place tQ pramote land use and development patterns that reduce greenhouse gas emissions, enhance air quality, and reduce climate change impacts.

7. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Amendments, is consistent wikh the goals, policies, general land uses and impiementation measures of the General Plan beca ise it will promote orderly development of the plan through flexible phasing which is tied to the provisions o[ suppocting infrastructure capacity in the construction of off-site infrastructure improvements. The 2004 Central Lathrop Specific Plan, as modified by the proposed related Phase 2 Amendment, provides for the construction of roadways to provide improved access to the project and adjacent properties, and the extension of utilities such as water, sanitary sewer, and storm drainage facilities necessary to accommodate the project.

Pianning Commission Resolution No. 23- 12 Pa e= f 6
646

8. The 2004 Central Lathrop Specific Plan, as modifzed by the proposed related Phase 2 Amendment, is consistent with the goals, policies and implementation measures af the General Plan Public Safety Element because it ensures that al[ new buildings construction shaIl conform to the latest Califarnia Building Code and seismic standards, gives priarity to support police protection, and to fire suppression, and implements practices and rebulations which avoid hazardous land use relationships.

Section 4. Code Text Amendment Pindinas. Pursuant to State of California Planning and Zoning Law, the Planning Commission finds and determines as follows:

1. The proposed Zoning Code Text Amendment is consistent with the City' s General Plan Update, as enumerated in the Consistency Findings in the Staff Report.

2. The proposed Zoning Code Text Amendment furthers the public interest, convenience, and general welfare of the City by implementing the Central Lathrop Specific Phase 2 Amendment. The amendments would ensure consistency with the CLSP Phase 2 Amendment, General Plan, and Lathrop Municipal Code and update the zoning standards that are relevant to the CLSP Phase 2 Amendment.

Section S. Upon adoption by the City Council, the Central Lathrop Specific Plan Phase 2 Amendment applies only to the Central Lathrop Specific Plan Phase 2 Project and does not change Che adopted Central Lathrop Specific Plan as it applies to the balance of the CLSP area ( Phase 1}; and
Section 6. Upon adoptian by the City Council, the Community Development Director is hereby directed to retain said 2004 Central Lathrop Specific Plan, as rnodified by the proposed related Amendments, on permanent public display in the Community Development Department, Planning Division in the City of Lathrop.

Section 7. Based on the findings set forth in this Resolution, and the evidence in the Staff Report, the Planning Commission hereby recommencis to the City Council that the Central Lathrop Specific Plan Phase 2 Amendment be added to the 2004 Specific Plan as a stand- alone document far Phase 2. These documents shall be subskantially in the form on file with the City Clerk.

BE IT FURTHER RESOLVED, based on substantial evidence in the administrative record of proceedings, its above findinbs, including the staff report and associated attachments, pursuant to its independent review and consideration, the Planning Commission does hereby recommend the City Council approve both the Central LaChrop Specific Plan Phase 2 Amendment, as illustrated and incorporated by reference as Attachment 2 of the Planning Commission Staff Report and Municipal Code Text Amendment No. TA-23- 104 as illustrated and incorporated hy reference as Attachment 3 of the Planning Commission Staff Report.

Planning Commission Resolution No. 23- 12 Paae 5 of 6
647
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a Special meeting on the 13` h
day of September, 2023 by the following vote:

AYES: Ishihara, Camarena, Jackson, Rhodes
NOES: None
ABSTAIN: None
ABSENT: Ralmilay
i
Tos I hihara, Ch` r
ATTEST: APPROVED AS TO FORM:
ick C iat, Secretary Salvador Navarrete, City Attorney
Plannin Commission Resotution No. 23- 12 Paoe 6 of 6
648
TTA f i E 1 i ,° -
e u,yy, Victoria Brunn,
Manteta Unified Schoo) District Chief Business and Information Officer vbrunn@musd. net(( 2091858- 0764
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September 28, 2023
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5trphcti!. ehluer
tiu}2 rinir icleirt Re: Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment and Code Text f"`" 1`'' Amendment: Limi#ed Industrial Zoning Districts and Lathrop Municipal Code. Location: The Central Lathro S ecific Plan Phase 2 Amendment tUl_ 11 Y iI11Cl1cI4111 p area is located generally north of Dos Reis Road, west of S. Manthey Road i and Interstate 5, east of the San Joaquin River, and south of the existing tiuperintrncl nt'. t:ahi iet City Limits.
iehrn.e[ rixitn
rr:, r r r, rr,:,: r rrr r,; r a1, Honorable Mayor and City Councii Members:

I(fite r
i,,,, r.. t The proposed amendments to the Central Lathrop Specific Plan have the potential to L i ;,, Ft+ Fr; f':, j= r
impact the District. The proposed zoning changes are immediately adjacent to Lathrop i;`' t" High Schaol. The proposal includes changes to the entire area north of Dos Reis to non- r:' f'`""`"'`"' }`""`"``"", f,'"'"
residential and industrial land use. Lathrop High School at its location will continue to be ut„ Il;, c, part of the community and it is imperative that the separation of uses guidelines and policies in the CLSP include careful consideration of circulation, site design, noise, and I>>rcutiv Cabir rt O( Of.
1) ir! lydc' ut a• ri rtcs The District has reviewed the amendments and is suppartive of the landscape buffer requirements that will be included along Dos Reis Road and the requirements of an 8- foot r ro,:;,, f,,,, x;,, rr. foot soNd wall with the addition of 8-faot paved sidewalks on the north and south sides of tl E: i, r,..;>>. the roadway in this area to provide separation and improved pedestrian safety. The n.. Si t:,, r11. f,. r;., r
proposed amendments detail limited industrial and therefiore does not anticipate uses that n; rt;„ r=,<,,,,,, r r<<>;,
require #ruck dependence. We request future projects be careful(y evaluated and conditioned to ensure there is limited truck traffic enerated. t-,,., E, r<i 9 lr i
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Please let us know if there is any additional information needed from MUSD to assist in r z rf,,, t,,, tr,, 4 the review process. Do not hesitate to contact me should you have any questions at 209j 858- 0858 ordeveloperfees@musd. net. 177i{% f' t l i' If,' flr Iti,l E(<! 1' 1[' l. f' 1.).

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Cc: Rick Cagivat, Directar Corrtmuniry Development, via email ( RCaaivat ci. lathron. ca. us l P.O. Box 32 Phone( 209) 825- 3200
Manteca, CA 95336 Fax( 209} 858- 7570
2271 West Louise Avenue, Manteca, CA64995337 www.mantecausd. net ATT CHI ENT " S "
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ITEM 5. 3

CITY MANAGER' S REPORT
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CONTINUED DISCUSSION FROM OCTOBER 9, 2023

REGULAR MEETING REGARDING 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. Testimony Presented During the Public Hearing
Held October 9, 2023;

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.
652
CITY MANAGERS REPORT PAGE 2
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PR07ECT
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
Manthey Road and CC, Central CC, Central commercial
Interstate 5 Commercial, R- 1- 5 and LD, Low Density
One Family Residential ( across I- 5
East
Residential Highway)
R- 1- 5, R One
Family Residential
across I- 5
Hi hwa
West
Agricultural Properties IL- CL, Limited LI- CL, Limited Industrial Industrial
653
CITY MANAGERS REPORT PAGE 3
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO.IECT
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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.
654
CITY MANAGERS REPORT PAGE 4
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING

ASHLEY FURNITURE PROJECT
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.

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 Mr. Michael R. Lozeau of Lozeau Drury, LLP, representing the Laborers' Union of North America, Local Union No. 73 ( LIUNA) regarding the Ashley Furniture Project. The comment letter incorrectly asserts that additional CEQA analysis must be completed for the project.

With respect to the use of the exemption provisions provided under Section 15183 of the CEQA Guidelines, the City has applied these correctly to this project. Public Resources Code Section 20183. 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.
655
CITY MANAGERS REPORT PAGE 5
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING

ASHLEY FURNITURE PRO) ECT
The Ashley Warehouse project is consistent with the uses and development intensities established for the site under the City' s General Plan and Land Use Map.

As such, the application 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.)
656
CITY MANAGERS REPORT PAGE 6
NOVEMBER 13, 2023 CITY COUNCIL REGULAR MEETING
ASHLEY FURNITURE PRO] ECT
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. As such, 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 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.
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CITY COUNCIL MEETING OF OCTOBER 9, 2023
On October 9, 2023, the City Council 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 City Council received written correspondence from Mr. Michael R. Lozeau of Lozeau Drury, LLP, representing the Laborers' Union of North America, Local Union No. 73 ( LIUNA) and from Manteca Unified School District ( MUSD). The LIUNA letter is attached to this Staff Report as Attachment 13 and a written response is attached to this Staff Report as Attachment 15. The MUSD letter is attached to this Staff Report as Attachment 14.

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. 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. 658
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Square
Automobile
Automobile Commercial
Use Footage Parking parking Spaces Truck and
sq. ft.)
Spaces
provided Trailer Spaces
Re uired
Office 24, 000 1 per 400 sq. ft.
g42 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)
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. 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. The maximum height allowed under the Limited Industrial Zoning District in the CLSP Phase 2 Amendment is 76 feet.
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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.

Lighting
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. 661
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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.
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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. z
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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 TJKM 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. 664
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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 Daity A. M. Peak P.M. Peak
Size
Rate Trips Rate tn: Dut tn Out Tota( Rate tn: 0ut / n Oat Totat Propased t) ses
Ashley
1, 5€SO ksf t.87 2, 798 0. 135 61: 39 124 79 203 0. 170 43: 57 11Q 145 255 Furnikure
Net Trips 2, 798 124 79 203 1 f0 J45 255
Table 14: Project Trip Generation for Heavy Trucks
Qcity A. M. Peak RM. Peak
Land Use Size
Rote Trips Rate / n:0ut / n Out Tatat Rote ln:0ut ! n Oot Totat Praposed Uses
Ashley
1, 50Q ksf 0.453 68C? 0.063 15: 85 14 81 95 O. q34 6931 31 14 45 Furniture
Net Trips 680 14 8i 95 31 f4 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. 665
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Signage is proposed that will direct traffic north on 5. 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 Analysis 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. 666
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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.
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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.
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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. 669
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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 d8A Leq would result in a total noise level of 54 d8A Le4, 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 brake re/ ease, 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 dBA LeQ at the nearest residences to the southwest and 39 d8A Leq at the residences to the northeast, resulting in a maximum increase of 0. 9 dBA 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, logistics, 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. 672
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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:
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Creating physical, structural, and/ or vegetative buffers that adequately prevent or substantially reduce pollutant dispersal between warehouses and any areas where sensitive receptors are 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 entrance/ exit 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 Joaquin 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.

S) COG 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 Joaquin 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 29, 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.

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.

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
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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.

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. 680
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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.

FISCAL IMPACT:

All application processing fees and costs are charged to the applicant. The request has no fiscal impact to the City.
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APPROVALS:
w i
David Niskanen ate
Contract Planner
t 311 2 7
Jo n B. Anderson Date
Contract Planner
0 3 2
Rick C iat Da e
Com nity Development Director
Zot3
Salvador Navarrete Date
City Attorney
t• Z3
Step J. Salvatore Date
City Manager
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ATTACH M ENTS:

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

13. Comment Letter, dated October 6, 2023, from Lozeau Drury LLP regarding the Ashley Furniture Project

14. Comment Letter, dated September 28, 2023, from Manteca Unified School District MUSD) regarding the Ashley Furniture Project

15. Response to Lozeau Drury LLP letter dated October 6, 2023 regarding the Ashley Furniture Project
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP FINDING

THE PROJECT 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-
684
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 29, 2023 and mailed out to property owners located within a 300- foot radius from the project site boundary on September 29, 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-
685
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-
686
The foregoing resolution was passed and adopted this 13t'' day of November 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-
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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 PROJECT ( 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-
688
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 29, 2023 and mailed out to property owners located within a 300- foot radius from the project site boundary on September 29, 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. 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 S.

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 P/an 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 development is compatible with existing development ( Goal LU- 5).

Resolution No. 23-
689
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 November 13, 2023 City Council Staff Report and incorporated by reference herein Resolution No. 23-
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The foregoing resolution was passed and adopted this 13t" day of November 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-
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r a4TTAC H N!E N T " „
Community Development Department — Planning Division
Amended 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) The following list of conditions shall be incorporated into the fznal constritction plans and development phases of the project. The list of conditions are not intended to be all- inclusive or a comprehensive listing of all Ciry 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 proposed project. The following comments and conditions ofapproval 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

CEQA 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
l. 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.

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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 sha(I 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 ofthe City.

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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 Efficient 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 sha( 1 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.

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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.

31. The applicant shall install an eight ( 8) foot hi h chain link fence with vin privac slats black powder coated) alon the western property line to screen the outdoor stora e areas.

BUILDING

1. 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 of the 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.

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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:// www. ci. lathrop. ca. is/ sites/ default/ tiles/ fileattachments/ building division/ pa e/ 24708/ site accessibility 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

1. 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 Im rovements

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.

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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 roundabout shall include safetLprovements such as pedestrian actuated flashin warning si n s_ 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.

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10. Applicant shall comply with Chapter l 0. l 6, Truck Routes and Commercial Vehicles of the LMC.

11. The a plicant shall construct a raised " pork chop" with bollards at the northeast corner of Spartan Way and Golden Valley Pai k vav to discotira e semi- trucks fi•om makin a ri ht-turn towacds the Central Lathrop Specific Plan ( CLSP) Phase 2 area. The design of the improvements shall be eview ed and a proved by the Citv Engineer and must be installed prior to the issuance of a Certificate of Occupanc

12. The ap licant shall construct a raised median on S. Manthey Road adjacent to the truck driveway at the facility to disco ira e trucks from making a left turn in and a ri ht turn out of the facility.

The desi n of the improvements shall be reviewed and approved by the City Engineer and must be instal led prior to the issuance of a Certificate of Occi anc 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 if the existing facilities are deficient.

Recvcled Water
l. 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
l. The applicant shall be required to connect to storm drain utility and pay all applicable connection fees.

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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.

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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.

11. 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 Fire Alarm, Fire Sprinklers and Fire Underground shall be submitted directly to LMFD.

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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 Chiefls 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 I 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.

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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 chie£ 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 S feet shall be trimmed to allow ground level surveillance.

ADMINISTRATIVE SERVICES

1. 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 JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
See attached memorandum dated June 21, 2023.

702
Q( Environmental Heal#h Departme, t
C Ca t. 1 T 1___._... Jasjit Ka. REHS, Director
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P AIACOWiO1NATp FtB
3 Ef Cartuwswa, REHS, RAI
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fp: City oi t athrap Community Oevetopment Department i lanning Divrsion A#sntian Dav d Na kanen
From: Cesar Ruv icaba( 209) 953- 62t3
L.ead Seniar Regist ered Envfror m nta Health Specia# is# RE: CUP- 23-08, SPR- 23- 0, Referral, SU i5642, SUOOi56d1 141Q1 S. Martthey Raad ( APN: 192- 020- 14)
The San Jc aquin County Enviranmentat NeaCih Department{ EHa) recommends the faiic wing conditior s as a part af develaping this praject:

1. Any geotechr icat drilling shaii be conduct d und r permii and inspect`ron by The Ernir anmental Neaitt Gepartment ( San Joaquin Caunty Development Titfe, Section 9- 801. 010{b} and 9-601. 020{} j.

2. Any abandoned wells or septic systems shal! be destroyed under permit and inspeetion by the END( San Joaquin Caunty Qevelopment Title, Section 9- 605. 010& 9- 601. 024) t868 E. Hazeiton Avenue Stodctaro. Ga ifom a 95205 T 2f}9 468- 342 F 2€39 464-0138 wwvr sj ay. or t hd

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ENVIRONMENTAL CHECKLIST

SUMMARY OF PROJECT REQUIREMENTS

704
Summary of CEQA Project Requirements for the Ashley Warehouse Project Requirement AG- 1: Imp/ ement Lathrop Municipal Code Chapter 3.40 AGRICULTURAL MITIGATION FEE Section 3. 40. 030 Collection of Agricultural 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 approva/ of any discretionary permit if no building permit is required.

Ord. OS- 248§ 1 J
Requirement AG-2: Require a/l deve/opment to coordinate with and participate with SJCOG in the SJMSCPAgricultura/ Mitigation Fee program as required.

Requirement AQ- 1: Comp/ y with SJVAPCD Rule 95101ndirect Source Review Requirement AQ- 2: Comply with SSJVAPCD Regulation Vl/ l for all sites and implementation control measures indicated in Tables 6-2 and 6-3 of the SJVAPCD' s Guide for Assessing and Mitigating Air Quality Impacts.

Requirement BIO- 1: Compliance with the San Joaquin County Mu/ ti-Species Habitat Conservation and Open Space Plan( SJMSCPJ
Requirement 810- 2: Compliance with the mitigation recommendations included within Biological Resources Ana/ ysis Report( AttachmentA).

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.

705
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.

706
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 Plan 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: If the project will store, transport or hand/ e hazardous materia/ s the project shall be required to prepare and file a Hazardous Materials Business Plan ( HMBP) with the City prior to issuance of Certificate of Occupancy.

Projed Requirement Hydro- 1: The project applicant shall prepare a Storm Water Pollution Prevention Plan ( SWPPPJ that includes specific types and sources of stormwater pollutants, determine the location and nature of potential impacts, and specify appropriate contro/ 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 vo/ume and flow to treat projected stormwater runoff. The SWPPP shall comp/ y 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.

Project Requirement Hydro 2: Prior to approval of the building permit, the project applicant shall submit a detailed Stormwater Contro/ P/ an constant with General Plan Action PFS- 4. 5, and the criteria set forth in the Lathrop Stormwater Program.

Requirement N-1: Implement General P/an Policy N- 1. 15, and Lathrop Municipal Code Section 8.20.110 Construction of buildings and projects).

707
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 buildin s and proiects) " It shall be unlawful for any person within a residential zone or within a radius of five hundred ( S00) 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)"

708

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
Date

709
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PLANNING DIVISION
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Conditional Use Permit and Site Plan
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APN: 192- 020- 14
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s e urni ure

PROJECT SPECIFIC SITE PLAN REVIEW APPROVAL
Case No. SPR- 23- 09
711
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 SSO
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
1 712

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 2 713

ASHLEY FURNITURE
Project Specific Site Plan Review Approval Narrative
A. Request and Property 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. Proiect 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 3 714
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
4 715

6. Sale of products including those assembled on- site as well as imported prod uct

7. Retail showroom

8. Warehousing and Distribution
D. Site Details
I. Liqhtinq
Light levels are not to exceed 1- foo# 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.
5 716
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:

Table 1
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6 717
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.
7 718
Vehicular entries and street frontages will provide a formal 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.
8 719
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 Improvement/ Grading 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 projecYs 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.
9 720
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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/ sites/ default/ files/ fileattachments/ comm unity development/ pa e/ 5622/ lathrop ashley warehouse 15183 cle an. df
The Environmental Checklist can also be viewed at the following link:
https•// www ci lathrop ca us/ com- dev/ pa e/ public-review-documents 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. 754
TT CH IENT " "

CITY OF LATHROP
PLAIV NING COMMISSION RESOLUTION NO. 23- 13

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMMEIVTDING THE CITY COUNCIL FIND THE PROJECT EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083. 3 AND CEQA GUIDELINES SECTION 15183 AND APPROVE

THE CONDITIONAL USE PERMIT 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 5ite Plan Review pursuant to the 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 property located within the Central Lathrop Specific Plan Phase 2 Amendment area as further defined below in the third recital ( the proposed 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 af buildout under the General Plan Update pursuant to the California Environnlental 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 exempkion/ streamlining 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, vhich is attached to the Planning Commission Staff Report as Attachment 9 and can also be found in the Plannin Division project filss located at 390 Towne Centre Drive, Lathrop, CA 95330; and WHEREAS, the Planning Commission finds that the proposed Project is consistent with the Limited Industrialland use goals and policies of the CiCy 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
Plannin Commission Resolution No. 23- 13 Pa e I of S
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WHEREAS, proper notice of this public meeting was given in all respects as required by law includin 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 Pi blic Hearing subscribers and interested parties and posted at three ( 3) locations accessible tQ the public and the City website; and VHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

N W, THEREFORE BE IT RESOLVED, the Planning Commission of the City of Lathrop does hereby make the following findings:
l. California Environmenkal Quality Act ( CEQA) Findinas. 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/ streamlining provisions cantained in Public Resources Code section 21083. 3 and CEQA Guidelines sectio 15183;
b. Pursuant to 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 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 Pubiic Resources Code section 21083. 3 and CEQA Guideiines section 151$ 3, 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. To the extent the City has not previously made findings regarding any/ all of thase referenced General Plan policy and implementation actions and uniformly applied development policies, standards and/ or regulations, the Pianning Commission hereby finds that all of those General Plan Update policy and implementation actions and uniformly applied development policies, standards andlor regulations, were adopted, in whole or in part, to substantially mitigate the potential environmental effects to which they pertain ( i. e., aesChetics, agricultural and forest resourees, air quality, biological resources, cultural and tribal resources, geology and soils, greenhouse gases, climate change, and energy, hazards and hazardous materials, hydrology and water P anning Commission Resolution No. 23- 13 Pa e 2 of 5
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quality, land use, population, and housing, 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 Commission finds as follows:
a. That there are circumstances or conditians 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 ct rnajor expansion of the existing Ashley Furniture Distr-ihutzo 2 Cerr.ter nf2d Retail Outlet locnted on S. Harlan Road.

The proposed Project is corisisterzt witFi the City' s developmeflt 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 p arposes of the district in which the site is located. The proposed project is locc ted in the IL-CL, Lir zited Indi strinl Zoning District czrad the Cerztrcrl Lathrop Specific Plan Phase 2 Anae dment aren c ld is a permitted use within the oriing distri.ct for wlaich it is locnted as fcirther estnblished iri tlze Zoning Cvde Text Arnendment. c. That the proposed use will comply with each of the applicable provisions of the LMC, as amended. As noted al ove aricl as described iri the Staff Report, the proposecl roject is a perrrtitted a se ira tlte IL-CL, Limited Indcrstrial Zonirag District and is consistent with the npplicable provisions in the LMC, including screer ing requirements per.rst ctnt to tlae Centrctl Lnthrop Specific Plctn Phase 2 Arnendrnertt. Additionall_y, the General Plan rec atired c pdates to tlae LMC and Central Latlarop Specifzc Plnn Phnse 2 in order to ensc re that netiv development is cornpatible vith e,eisting development ( Go l LU-). The proposed project is consistent tivith the LMC, Poticies and Iniplernentatio z Actioras of the General Plttn as it relates to truck traffic i npacts artd land case corrtpcztibilin.

3. Site Plan Review FindinQs. Pursuant to Section 17. 100. 050 of the Lathrop Municipal Code LiVIC), the Planning Commission 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 consistenC 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; Plannin Commission Resolution No. 23- 13 Page 3 of 5
757
c. Proposed lighting for the project area is so arranged as to deflect away from adjaining 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 Cominission does hereby recommend that the Lathrop City Council approve Conditional Use Permit Na CUP-23- 08 and Site Plan Review No. SPR- 23- 09, subject to the Conditions of Approval listed in Attachment 2 of the September l3, 2023 Staff Report and incorporated by reference herein.

Plannina Commission Resoluti n No. 2- I3 Pa e 4 of 5
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PASSED AND ADOPTED by the Planning Cominission of the City of Lathrop at a Special rneeting on the 13` day 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
Plannin Commission Resolution No. ? 3- 13 Page 5 of 5
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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
planninqCc 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.
760
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.
761
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 762
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.

Envt' I 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.66 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).
763
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 764
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 ProjecYs 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 765
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 iYs operational.

The Environmental Checklist contains no discussion of the project's cost effectiveness in terms of energy requirements. There is no discussion of ene gy 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:
766
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 Project' s 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,
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BY E- MAIL
October 6, 2023
Lathrop City Council Teresa Vargas, MMC
Sonny Dhaliwal, Mayor City Clerk
Paul Akinjo, Vice Mayor 390 Towne Centre Drive
Minnie Diallo, Councilmember Lathrop, CA 95330
Diane Lazard, Councilmember website_ cco@ci. lathrop. ca. us Jennifer Torres- O' Callaghan, Councilmember
390 Towne Centre Drive
Lathrop, California
website_ cco@ci. lathrop. ca. us
Re: Comment on Ashley Furniture Project( CUP- 23- 08; SPR 23- 09) City Council Agenda Item No. 5. 3
Dear Mayor Dhaliwal, Vice Mayor Akinjo, and Honorable Councilmembers:

I am writing on behalf of Laborers' International Union of North America, Local Union No. 73 (" LIUNA") regarding the Ashley Furniture Project (" Project") proposed to be located at the northwest corner of Dos Reis Rd and Manthey Road. The Planning Commission voted to recommend that the City Council find that the project is exempt from the California Environmental Quality Act(" CEQA") pursuant to CEQA Guidelines section 15183 ( 14 CCR § 15183) and Public Resources Code (" PRC") section 21083. 3. However, after reviewing the Environmental Checklist 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 § 15l 83 and PRC § 21083. 3. As such, LIUNA respectfully requests that the City Council refrain from approving the Project until the Project undergoes environmental review under CEQA.

PROJECT DESCRIPTION AND BACKGROUND
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.

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 768
LIUNA Comment re: Ashley Furniture Project
City Council Agenda Item 53 ( October 9, 2023)
October 6, 2023