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SHEET
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716
ITEM 5. 1
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER THE 2025 SJMSCP DEVELOPMENT FEE
ANNUAL ADJUSTMENT
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Approving an Annual
Adjustment to the San Joaquin County Multi -
Species Habitat Conservation and Open Space
Plan ( SJMSCP) Development Fee for 2025
SUMMARY:
On August 22, 2024, the San Joaquin Council of Governments ( SJCOG) Board approved the annual adjustment to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan ( SJMSCP) development fees, and is now requesting each participating jurisdiction to adopt the annual adjustment to become effective on January 1, 2025.
The final calculation of the 2025 SJMSCP development fees shows an approximate overall decrease of 7.5% in the most commonly impacted categories of Agricultural and Natural habitat classifications compared to 2024. The decrease is due primarily to a reduction in the land acquisition component ( Category A) for agricultural land price values of comparable sales even though there was a rise in the reported Consumer Price Index ( CPI) for Categories B ( Assessment and Enhancement) and C Land Management and Administration). The total of these 3 categories equates to the final amount of the development fee.
The following table shows the habitat categories, the current 2024 fees, and proposed 2025 fee adjustments ( per acre).
YEAR 2020 2021 2022 2023 2024 2025
Proposed)
Multi
purpose
6, 412 8, 682 9, 781 9, 629 8, 918 8, 246
Agriculture/
Natural 12, 822 17, 363 19, 561 19, 255 17, 833 16, 492 Vernal Pool
grasslands) 52, 833 71, 544 80, 453 75, 320 69, 408 65, 490 Vernal Pool
wetted) 100, 788 161, 286 174, 00 176, 878 177, 724 177, 281 717
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
2025 SJMSCP DEVELOPMENT FEES
PAGE 2
Staff recommends adoption of the attached resolution approving an annual adjustment to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan ( SJMSCP) development fees for 2025.
BACKGROUND:
On November 6, 2001, the City Council adopted Ordinance No. 01- 194, establishing the SJMSCP. The plan established a procedure to mitigate the impacts of new development on undeveloped land within the Cities of Lathrop, Escalon, Tracy, Ripon, Manteca, Lodi, Stockton, and San Joaquin County. Each City and the County adopted the SJMSCP and the recommended fee schedule at that time. A Habitat Conservation Map ( Attachment 2) identifies those areas within the City of Lathrop that are subject to a specific habitat fee category. Since its adoption, the developer paid SJMSCP fees have been adjusted annually to be effective on January 1st of each year.
The development fees were calculated using a formula which is adjusted annually Fee = Category A ( acquisition) + Category B ( assessment & enhancement) + Category C ( land management & administration)]. Each component of the formula is adjusted using a specific mechanism which relates to the individual component in the fees.
Projects which participate under the SJMSCP benefit from a pre -determined streamlined processing of the project rather than navigating a very long and cumbersome regulatory process through the state and federal permitting agencies.
By participating, the project can choose a number of ways to provide mitigation for the impacts of the project:
1. Pay a fee;
2. Redesign the project to avoid/ minimize impacts;
3. Provide land in lieu of the SJMSCP fee which the project will negotiate the easement/ feetitle costs; or
4. Any combination of the above options.
Alternatively, the project proponent may choose to not participate in the SJMSCP and fulfill mitigation requirements on their own with state and federal permitting agencies.
It' s important to note that development projects in Lathrop such as River Islands, Central Lathrop, South Lathrop and Gateway have taken advantage of the benefit this program.
718
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
2025 SJMSCP DEVELOPMENT FEES
RECOMMENDATION:
PAGE 3
Staff recommends 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 approving the annual adjustment to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan development fees for 2025.
FISCAL IMPACT:
The fee adoption has no fiscal impact to the City. Developers may participate in the SJMSCP plan or opt out and fulfill mitigation requirements with state and federal permitting agencies.
ATTACHMENT:
1. Resolution to approve the 2025 San Joaquin County Multi - Species Habitat Conservation and Open Space Plan ( SJMSCP) development fee.
2. SJMSCP Habitat Conservation Map
3. 2025 Habitat Fee Table
719
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
2025 SJMSCP DEVELOPMENT FEES
APPROVALS:
Jai % es Michaels
Senior Planner
ick Ca JGiat
Co P ity Development Director
r
Cari Jam
Finance Director
Salvador Navarrete
City Attorney
Ste n J. Salvatore
City Manager
PAGE 4
Date
2 D. te
9/ 4. 10 ,2t(
Date
Date
Date
720
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE ANNUAL ADJUSTMENT TO THE SAN JOAQUIN COUNTY
MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN SJMSCP) DEVELOPMENT FEE FOR 2025
WHEREAS, the City Council of the City of Lathrop adopted Ordinance No. 01- 194 establishing the authority for collection of a Development Fee for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan ( SJMSCP) for all new development pursuant to the SJMSCP within the City of Lathrop; and WHEREAS, a " Fee Study" dated July 1, 2001 was prepared which analyzed and identifies the costs, funding, and cost -benefit of the San Joaquin County Multi - Species Habitat Conservation and Open Space Plan; and
WHEREAS, the purpose of the SJMSCP development fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to preserve land acquisition, preserve enhancement, land management, and administration that compensate for such lands lost as a result of future development in the City of Lathrop and in San Joaquin County; and
WHEREAS, after considering the fee study and the testimony received at the public hearing, the Lathrop City Council approved said report; and further found that the future development in the City of Lathrop will need to compensate cumulative impacts to threatened, endangered, rare and unlisted SJMSCP covered species and other wildlife and compensation for some non - wildlife related impacts to recreation, agriculture, scenic values and other beneficial open space uses; and WHEREAS, an " Updated Fee Study" was prepared in 2006, 2011, 2016 and 2020 which analyzed and identified the costs and funding of the SJMSCP; and WHEREAS, the SJMSCP development fees are divided into three categories:
Category A - Acquisition; Category B - Enhancement; and Category C - Land Management/ Administration; and
WHEREAS, the SJMSCP development fees for the different habitat types is shown on Attachment 3 of the staff report; and
WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments are made to the fees based on the method previously adopted by the Lathrop City Council; and
WHEREAS, the method of annual adjustments was modified in 2011, 2016, and 2020; and
Resolution No. 24-
721
WHEREAS, the 2020 adjustment resulted in a minor change to category " A" with an adjustment to the easement to fee title percentage used in the fee model and category " C" with pivoting to a more robust diversified endowment investment for higher return on investment.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Lathrop, as follows:
1. The City Council finds and declares that the purposes and uses of the development fee, and the determination of the reasonable relationship between the fees' uses and the type of development project on which the fees are imposed, are all established in Ordinance No. 01- 194, and remain valid, and the City Council therefore adopts such determinations.
2. The 2025 development fee for the three habitat types - natural land and agricultural lands, vernal pool habitat, and multi -purpose open space conversion, shall be as set forth in Attachment 3 of the staff report, incorporated by reference herein.
3. The fee provided in this resolution shall be effective on January 1, 2025 - December 31, 2025.
Resolution No. 24-
722
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24-
723
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Attachment 3
Sonny Dhaliwal
CHAIR
Kevin Lincoln
VICE - CHAIR
Diane Nguyen
EXECUTIVE DIRECTOR
Member Agencies
CITIES OF
ESCALON,
LATHROP,
LODI,
MANTECA,
RIPON,
STOCKTON,
TRACY,
AND
THE COUNTY OF
SAN JOAQUIN
SJCOG, Inc.
555 East Weber Avenue • Stockton, CA 95202 • ( 209) 235- 0574 • Email: boyd@sjcog. org San Joaquin County Multi -Species Habitat Conservation & Open Space Plan ( SJMSCP)
2025 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi -Purpose Open Space 8, 246
Natural 16, 492
Agriculture 16, 492
Vernal Pool - uplands 65, 490
Vernal Pool - wetted 177, 281
Effective January 1, 2025 — December 31, 2025
2025 Endowment Fees with In -lieu Land**
Type of Preserve
Enhancement
Cost/ acre
Land
Management
Cost/ acre
TOTAL PER
ACRE
ENDOWMENT
Agricultural Habitat Lands 6, 066.0 817. 74 6, 883. 74
Natural Lands 6, 066.0 817. 74 6, 883. 74
Vernal Pool Habitat
Vernal Pool Grasslands 15, 386. 00 2, 019. 72 17, 405. 72 Vernal Pool Wetted 127, 031.0 1, 980. 1 129, 011. 10
Effective January 1, 2025 — December 31, 2025 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.
VELB Mitigation
A special fee category shall apply when removal of the Valley Elderberry Long -horned Beatle VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $ 1, 800 per VELB Unit ( one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys ( i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.
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INTENTIONALLY
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ITEM 5. 2
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) APPROVING
AN AMENDMENT TO THE ASHLEY FURNITURE
PROJECT CONDITIONAL USE PERMIT NO. CUP - 23- 08
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Approving an Amendment to
the Ashley Furniture Project Conditional Use
Permit No. CUP -23- 08 Regarding Allowable Land
Uses, Modification to the Conditions of Approval,
and Extension of the Project Expiration Date.
SUMMARY:
The Ashley Furniture Project Conditional Use Permit No. CUP -23- 08 and Site Plan Review No. SPR- 23- 09 was approved by City Council on November 13, 2023 ( City Council Resolution No. 23- 5422) which allowed for the development of a 1, 486, 607 sq. ft. concrete tilt -up building on an 89.2 -acre property located at the northwest corner of Dos Reis Road and Manthey Road within the Central Lathrop Specific Plan Phase 2 area. The proposed building would include a 24, 000 sq. ft. office, a 110, 260 sq. ft. retail outlet and showroom and a 1, 352,47 sq. ft. warehouse distribution center.
The applicant, Aaron Hodgdon is requesting the following amendments to Conditional Use Permit No. CUP - 23- 08:
1) Confirm that the Conditional Use Permit ( CUP) is valid for any use of the property within the level of development and allowable land uses contemplated in the Central Lathrop Specific Plan Phase 2 and Limited Industrial Zoning designation as long as the future end user is generally consistent with the approved project design and complies with the Conditions of Approval. 2) Remove Public Works Condition # 5 because this item has been satisfied. The applicant provided the required Supplemental Traffic Analysis/ Memorandum on September 22, 2023 which confirmed that the Lathrop Road/ I-5ramp intersections will operate at Level of Service D or better. 3) Request a " reset" of the land use approval expiration date to start on October 14, 2024. If approved, the project will expire in 3 years ( October 14, 2027) The proposed amendments will not significantly alter the planned development and required improvements for the project as originally approved. 727
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
PAGE 3
In addition to building the Ashley Furniture warehouse as currently approved, the proposed amendment to the CUP may allow the applicant to exercise the following additional options: construct the building without the retail and office component, lease a portion of the building to a second user, or lease the entire building to another user. Other end users may occupy the building consistent with the uses allowed pursuant to the Central Lathrop Specific Plan Phase 2 and Chapter 17. 62, Central Lathrop Zoning Districts.
It' s important to note that a stand- alone warehouse and distribution building shall not exceed the square footage of the original project approval of 1, 352,47 sq. ft. in addition to the 24, 000 sq. ft. office space.
Site Plan, Utilities and Various Improvements
The Site Plan may be slightly modified as a result of the amendment to the CUP, especially if the retail and office component is not constructed. The modification would result in a slightly smaller building footprint but the main warehouse square footage will remain the same. It is anticipated that the overall development of the site will generally stay consistent with the approved site plan with minor deviations that can be addressed during the building permit plan check process.
Off- street parking would continue to be provided for passenger vehicles and for commercial trucks and trailers. The Ashley Furniture Project included a total of 942 passenger vehicle parking spaces and 1,04 commercial truck spaces. If the project is constructed without the retail and office component, the number of vehicle parking may be reduced.
Landscaping would be slightly modified if the retail and office component is removed.
Areas not used for building, off- street parking, and paving are required to be landscaped per the Lathrop Municipal Code ( LMC). As such, it is anticipated that the overall landscaping square footage for the project would increase.
Other aspects of the Project would remain generally the same including but are not limited to the following:
Architecture, materials and colors would remain the same including architectural enhancements along S. Manthey Road ( e.g., glass siding, single - story elements, etc.).
Primary access would continue to be from S. Manthey Road for passenger vehicles and commercial trucks. The passenger vehicle driveway and emergency vehicle access ( EVA) driveway on Dos Reis Road would remain the same.
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CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
PAGE 4
Site lighting is required to be shielded and directed towards the parking and access areas only. Lighting levels are requirement to meet City standards and specific lighting, beyond the photometric plan will be refined as part of the building permit plan check process.
Construction and extension of public utilities ( water, sewer, storm drain) will remain the same as originally designed.
Screening strategies approved for Ashley Furniture Project would continue to be enforced, including the following:
The installation of an 8 -foot tall solid screen wall along southern property line;
Planting of a mixture of deciduous shade trees and large evergreen trees for purposes of screening; and
Providing an additional landscape buffer along Dos Reis Road, and the building setback from Dos Reis Road ( e.g., building location would not be modified).
Off -site improvements such as the construction of a round - a -bout at Dos Reis Road and Golden Valley Parkway will still be required.
On - site and off -site signage related to commercial trucks (e.g., on -site signage directing commercial trucks to travel north on S. Manthey Road when exiting the site and off -site signage limiting commercial truck access on Golden Valley Parkway north of Lathrop Road) will still be required.
Geometric constraints to physically prohibit trucks from turning north from Lathrop Road onto Golden Valley Parkway will still be required.
Traffic and Circulation
As noted above, passenger vehicle access to the project is provided via Dos Reis Road and S. Manthey Road. The Project includes 2 driveways for passenger vehicles, 1 along Dos Reis Road, east of Golden Valley Parkway and the other along S. Manthey Road. The Project continues to propose an Emergency Vehicle Access ( EVA) driveway on Dos Reis Road, west of Golden Valley Parkway. There will be no change in traffic and circulation patterns as part of this amendment.
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CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
PAGE 5
In the event another user occupies the building, staff is recommending adding a new condition ( Planning Condition # 1) to require a supplemental traffic analysis/ memorandum to confirm that the traffic impacts of the new user do not exceed the thresholds of the original project approval.
Condition of Approval # 5 ( Public Works)
The applicant is also requesting removal of Condition of Approval # 5 ( Public Works) related to traffic counts at Lathrop Road/ I-5Northbound ( NB) Ramp. Specifically, Condition of Approval # 5 states that Lathrop Road/ I-5 NB Ramp will degrade to LOS E to LOS F with the Project in the Baseline plus Project Condition, which will require the construction of a 400 -foot sperate right turn lane on the NB Ramp. The Condition required the applicant to 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.
In this regard, a Supplemental Traffic Analysis/ Memorandum was submitted to the City on September 22, 2023 by TJKM with new traffic counts. The Supplemental Analysis concluded that improvements to the Lathrop Road/ I-5 NB Ramp would not
be required and confirmed that the Lathrop Road/ I-5ramp intersections will operate at Level of Service D or better. Brad Taylor, City Engineer, reviewed the supplemental traffic analysis and agreed with TJKM' s determination; therefore, this condition has been satisfied and is no longer applicable.
Time Extension
As noted above, the Ashley Furniture Project was approved by City Council on November 13, 2023. Per the Lathrop Municipal Code, Site Plan and Conditional Use Permit approvals shall expire 36 -months from the date of the approval. Over the last 10 months, the applicant has been diligently working with City staff to prepare the update to the City' s Capital Facilities Fees for the Central Lathrop Specific Plan Phase 2 and the associated infrastructure studies for the development of the project.
However, due to market and economic uncertainty, coupled with preparation of the plans, engineering, and budgeting, the applicant is requesting a " reset" of the land use approval expiration date to start on October 14, 2024. If approved, the project will expire in 3 years ( October 14, 2027).
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on October 4, 2024.
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' sPublic Hearing subscribers and interested parties and posted at three ( 3) locations accessible to the public and the City website. 730
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
CEQA REVIEW:
PAGE 6
On November 13, 2023, the City of Lathrop City Council adopted Resolution 23- 5421 finding the Ashley Furniture Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183. The proposed amendments to CUP - 23 - 08 falls within the scope of the Section 15183 Analysis ( Environmental Checklist) and as such, no further environmental review is required. The potential reduction of the building size and removal of the retail and office component is negligible and is not considered a substantial change requiring additional environmental review. In addition, all of the project requirements and mitigations identified in the Environmental Checklist remain in full effect and are included in the project' s Condition of Approval.
The Environmental Analysis identified 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 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 modified, are fully addressed in the General Plan EIR ( State Clearinghouse No. 2021100139), and implementation of the modified project would not result in any new or altered impacts beyond those addressed in the General Plan EIR.
In addition, a passenger and truck trip generation count was conducted and the project is conditioned to prohibit warehouse oriented uses that exceed the transportation impacts compared to the Ashley Furniture Project.
RECOMMENDATION:
Staff recommends 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 amend the Ashley Furniture Project Conditional Use Permit No. CUP - 23- 08 regarding allowable land uses, modification to the Conditions of Approval, and extension of the project expiration date. 731
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
FISCAL IMPACT:
PAGE 7
All application processing fees and costs are charged to the applicant. The request has no fiscal impact to the City.
ATTACHMENT:
1. City Council Resolution to Amend Conditional Use Permit No. CUP -23- 08
2. Amended Consolidated Conditions of Approval, dated October 14, 2024
3. Applicant Request Letter dated September 5, 2024
732
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
APPROVALS:
David Niskanen
Contract Planner
Rick j
guiat
Co unity Development Director
Salvador Navarrete
City Attorney
Stephen 3. Salvatore
City Manager
PAGE 8
0Y/, c- f
Date
Date
Date
733
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CONDITIONAL USE PERMIT NO. CUP -23- 08 FOR THE ASHLEY FURNITURE PRO3ECT
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing to consider the amendment to Conditional Use Permit No. CUP - 23- 08 pursuant to the General Plan and Lathrop Municipal Code; and WHEREAS, on November 13, 2023, the City Council approved Resolution No. 23- 5422, approving the Ashley Furniture Project, which consists of the construction of 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 ( the Project); and
WHEREAS, the property is located at 14101 S. Manthey Road ( APN: 192- 020- 14) (the property); and
WHEREAS, the applicant is requesting the following amendments to Conditional Use Permit No. CUP - 23- 08: 1) Confirm that the Conditional Use Permit CUP) is valid for any use of the property within the level of development and allowable land uses contemplated in the Central Lathrop Specific Plan Phase 2 and Limited Industrial Zoning designation as long as the future end user is generally consistent with the approved project design and complies with the Conditions of Approval, 2) Remove Public Works Condition # 5 because this item has been satisfied. The applicant provided the required Supplemental Traffic Analysis/ Memorandum on September 22, 2023 which confirmed that the Lathrop Road/ I-5 ramp intersections will operate at Level of Service D or better, and 3) Request a " reset" of the land use approval expiration date to start on October 14, 2024. If approved, the project will expire in 3 years ( October 14, 2027); and WHEREAS, the applicant is considering various options including but not limited to: construct the Ashley Furniture warehouse as currently approved, construct the building without the retail and office component, lease a portion of the building to a second user, or lease the entire building to another user; and WHEREAS, the 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; and
WHEREAS, a Project Trip Generation Rates for passenger vehicles and heavy trucks were conducted to ensure that no future user will exceed the transportation impacts originally analyzed for the Ashley Furniture Project; and Resolution No. 24-
734
WHEREAS, on November 13, 2023, the City Council approved Resolution 23- 5421, finding the Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3and California Environmental Quality Act CEQA) Guidelines Section 15183; 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 October 4, 2024 and mailed out to property owners located within a 300 -foot radius from the project site boundary on October 4, 2024, 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 17.12. 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 would allow other uses consistent with the original Conditional Use Permit approval, Central Lathrop Specific Plan Phase 2, and the Lathrop Municipal Code.
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 IL - CL, Limited Industrial Zoning District and is consistent with the applicable provisions in the LMC, including screening requirements pursuant to the Central Lathrop Specific Plan Phase 2 Amendment.
Additionally, the General Plan requires updates to the LMC and Central Lathrop Specific Plan Phase 2 in order to ensure that new development is compatible with existing development ( Goal LU- 5).
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.
Resolution No. 24-
735
Section 2. On November 13, 2023, the City of Lathrop City Council adopted Resolution 23- 5421 finding the Ashley Furniture Project exempt from further environmental review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183. The City Council finds that the proposed amendments to CUP - 23- 08 falls within the scope of the Section 15183 Analysis ( Environmental Checklist) and as such, no further environmental review is required.
Furthermore, the City Council finds that the potential reduction of the building size and removal of the retail and office component is negligible and is not considered a substantial change requiring additional environmental review. In addition, a passenger and truck trip generation count was conducted and the project is conditioned to prohibit warehouse oriented uses that exceed the transportation impacts compared to the Ashley Furniture Project. Lastly, all of the project requirements and mitigations identified in the Environmental Checklist remain in full effect and are included in the project' s Condition of Approval.
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 an amendment to the Ashley Furniture Project Conditional Use Permit No. CUP -23- 08, subject to the Amended Consolidated Conditions of Approval listed in Attachment 2 of the October 14, 2024 City Council Staff Report, incorporated by reference herein.
Resolution No. 24-
736
The foregoing resolution was passed and adopted this 14th day of October 2024 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. 24-
737
City
ATTACHMENT " "
Community Development Department — Planning Division
Amended Consolidated Conditions of Approval
October 14, 2024
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- 00- 14) The following list of conditions shall be incorporated into the final construction plans and development phases of the project. The list of conditions are not intended to be all- inclusive or a comprehensive listing of all City or district regulations. Please note that additional comments and/ or conditions may be added pending the response to the comments noted below and/ or changes to the proposed project. The following comments and conditions of approval are based on the application and diagrams dated May, 2023.
PROJECT DESCRIPTION
Approval of this project authorizes the construction of a 1, 486, 607 sq. ft. concrete tilt -up building on a
89.2 -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, 352,47 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).
Alternatively, the applicant may also exercise the following options: construct the building without the retail and office component, lease a portion of the building to a second user, or lease the entire building to another user. Other end users may occupy the building consistent with the uses allowed pursuant to the Central Lathrop Specific Plan Phase 2 and Chapter 17. 62, Central Lathrop Zoning Districts. A stand- alone warehouse and distribution building shall not exceed the square footage of the original project approval of 1, 352,47 sq. ft. in addition to the 24, 000 sq. ft. office space.
CEQA DETERMINATION
Exempt in accordance with Section 21083. 3of the Public Resources Code and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines.
PLANNING
1. If a new use( s) is proposed ( which may include site modifications), a supplemental traffic analysis/ memorandum shall be prepared for City review prior to building occupancy to confirm that the traffic impacts do not exceed the thresholds of the traffic generated by the original project approval.
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2. 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).
3. 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.
4. 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.
5. 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 10.6, Truck Routes and Commercial Vehicles of the Lathrop Municipal Code ( LMC).
6. Evergreen trees planted along Dos Reis Road for the purposes of screening shall be in compliance with the CLSP Phase 2 Amendment.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The security gate building ( guard shack) shall be architecturally compatible with the primary building as it relates to color, aesthetic, and material.
13. 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.
14. Prior to any ground disturbance, the project shall consult with the San Joaquin County Multi - Species 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).
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15. 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.
16. 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.
17. All areas not used for structures, parking, driveways, walkways, or other hardscape shall be landscaped and maintained by the property owner per Section 17. 92. 030( A)( 1) of the Lathrop Municipal Code to the satisfaction of the City.
18. 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.
19. 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.
20. 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.
21. 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.
22. It shall be the responsibility of the applicant/ property owner to ensure that any building or parking area lighting including security lighting associated with the project, be arranged so as to not cast light onto adjoining properties.
23. 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.
24. 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.
25. 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).
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26. 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.
27. 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.
28. Unless otherwise specified, all conditions of approval shall be complied with prior to the issuance of any Building Permits.
29. The Site Plan and Conditional Use Permit 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 October 14, 2027, a building permit must be issued and construction commenced and diligently pursued toward completion of the site or structures.
30. 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.
31. 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.
32. The applicant shall install an eight ( 8) foot high chain link fence with vinyl privacy slats ( black powder coated) along the western property line to screen the outdoor storage 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
Occupant Load
Description of Use
Area Analysis
Type of Construction
Height ofBuilding
Floor area of building( s) by occupancy group
Code Used
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4. The property owner/ developer shall be responsible for payment of school impact fees prior to the issuance of a building permit.
5. Dimensioned building setbacks and property lines, street centerlines and distances between buildings and structures shall be provided on the project site plan.
6. The project shall be designed to conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumption light fixtures, and insulation and shall use to the extent feasible draught landscaping.
7. All property lines and easements shall be shown on the site plan. A statement shall be provided that indicates such lines and easements are shown is required.
8. Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. The site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. The path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is in compliance with the latest Federal and State regulations. A site accessibility plan shall be required per the attached policy from the link below:
https:// www. ci.
9. At
accessibility
the time
lathrop. ca.
of
plan_ requirements. pdf
us/ sites/ default/ files/ileattachments/ building_ division/ page/ 24708/ site_ 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/ Frontage Improvements
1. The applicant shall submit an encroachment permit for all work within the public right- of- way and City owned or controlled property.
2. The applicant shall be required to install full street frontage improvements along all frontages of the parcel being developed or improved. Frontage improvements shall include but are not limited to curb, gutter, sidewalk, street lights, hydrants, asphalt concrete paving, striping, driveways, and landscaping. The extent of paving shall include one- half ultimate street width or as otherwise stated in the City of Lathrop Municipal Code. The applicant shall submit the off -site plans for approval along with the applicable plan check and inspection fees.
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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-5SB Ramps: Optimize signal timing to achieve an acceptable level of service. Align signal timing with coordination plan for the Lathrop Road corridor. b. Golden Valley Parkway & Spartan Way/ Lathrop Road Intersection: Grind existing striping, slurry seal extents of striping and restripe the following configuration to City Standards:
i. NB Approach: One left -turn lane, one through lane, two right -turn lanes ii. SB Approach: Two left -turn lanes, two through lanes, one right -turn lane iii. EB Approach: One left turn -lane, two through lanes, one right -turn lane iv. WB Approach: Two left -turn lanes, two through lanes, one right -turn lane
5. The TJKM Traffic Impact Analysis Report found that the Lathrop Road/ I5 NB Ramp will degrade from LOS E to LOS F with the Project in thc Baseline plus Project condition, which will require the construction of a 100 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 not degrade below LOS D in the Current Baseline plus Project condition, the project shall not be required to censtruct the 400 -foot separ- ate- right e-oi e• -NB p - the- results- of- the traffic counts indicate that the project operations would cause the LOS to degrade below a LOS D 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 w'' eter into a
def rred frontage ent agreement with the City prior au vaaa. uia. v to issuance of a building permit for the Project. If required, the applicant shall work towards construction of the improvements in a timely manner- fe- completien-- asclose tote occupancy of thc 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 safety improvements such as pedestrian actuated flashing
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warning signs. The final design shall be approved by the City Engineer. The applicant shall submit the roundabout plans for approval as part of the offsite improvement plans.
8. The applicant shall be required to abandon and barricade Manthey Road between Lathrop Road and Dos Reis Road upon completion of the improvement of Golden Valley Parkway. This abandonment is necessary to facility the proper traffic circulation for the project.
9. The applicant shall be required to install signage on Lathrop Road, Spartan Way, Golden Valley Parkway, Dos Reis Road and Manthey Road south of Dos Reis Road prohibiting trucks from utilizing these roadways. Location and size of the signage shall be reviewed and approved by the City Engineer prior to issuance of an occupancy permit.
10. Applicant shall comply with Chapter 10. 16, Truck Routes and Commercial Vehicles of the LMC.
11. The applicant shall construct a raised " pork chop" with bollards at the northeast corner of Spartan Way and Golden Valley Parkway to discourage semi -trucks from making a right -turn towards the Central Lathrop Specific Plan ( CLSP) Phase 2 area. The design of the improvements shall be reviewed and approved by the City Engineer and must be installed prior to the issuance of a Certificate of Occupancy.
12. The applicant shall construct a raised median on S. Manthey Road adjacent to the truck driveway at the facility to discourage trucks from making a left turn in and a right turn out of the facility.
The design of the improvements shall be reviewed and approved by the City Engineer and must be installed prior to the issuance of a Certificate of Occupancy.
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 if the 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.
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Recycled Water
1. Applicant shall install recycled water mains along all frontages if not existing. All public landscaping shall be irrigated with recycled water and a recycled water hydrant shall be placed in
an accessible location along the frontage to provide a
filling station for street sweeping activities
and construction.
2. All recycled water points of connection for irrigation require the installation of a recycled water
meter.
Storm Drain
1. The applicant shall be required to connect to storm drain utility and pay all applicable connection fees.
2. Hydrology and hydraulic calculations and plans for on -site and off -site storm drainage systems shall be submitted to the City for review and approval.
3. As part of their onsite improvements, the applicant shall install all necessary Best Management Practices ( BMP' s) for post construction in accordance with City guidelines and standards. The BMP' smust 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 if the 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.
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9. All water meters shall be installed within the public right of way or public utility easement. The City shall not be the responsible party for maintaining water and sewer lines beyond existing main line stub outs or on private property, unless otherwise agreed to by the City.
10. The applicant has the option to enter into a reimbursement agreement with the City for construction cost reimbursement of any infrastructure that provides regional benefit.
11. All improvements shall be designed and constructed per the most current City Standards.
12. The applicant shall create or participate in a Community Facilities District ( CFD) to fund the maintenance of all public infrastructure prior to issuance of the first building permit associated with the project.
13 If the project is greater than one acre; the applicant shall complete a SWPPP, obtain a WDID number and list the number on the improvement plans, and submit the SWPPP to the City for review and approval.
LATHROP- MANTECA FIRE DISTRICT ( LMFD)
1. The project shall conform to the most currently adopted edition of the California Fire Code and all related standards.
2. Permits shall be obtained from the fire code official. Permit( s) and fees, shall be paid prior to issuance of any and/ or all permits. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. (Permits are to be renewed on an annual basis).
3. Depending on the proposed Occupancy Type & fire area occupant load, Automatic Fire Sprinklers may be required. In the case where automatic fire sprinkler systems are required, such systems shall comply with California Fire Code Section 903. 2and 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. 2and 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.
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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.
13. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet ( 6096 mm), exclusive of shoulders, except for approved security gates in accordance with California Fire Code ( CFC) Section 503. 6, and an unobstructed vertical clearance of not less than 13 feet 6 inches ( 4115 mm).
Adequate turnaround shall be provided per City of Lathrop Standards and Appendix D of the 2022 CFC.
14. Where access to the development is restricted because of secured openings or where immediate access is necessary for life- saving or fire -fighting purposes, a key " knox" box is required to be installed in an approved location. The key " knox" box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. In addition to key knox" box( es), any automatic gates shall have Opticom access ability to provide necessary access for emergency apparatus.
15. Where a portion of the added street is constructed more than 200 feet ( 61 meters) from a hydrant on a fire apparatus access road, as measured by an approved route, the developer shall provide an additional fire hydrant and main shall be provided. NOTE: The developer shall provide exact locations and distances of existing hydrants in the area. ( CFC Appendix C, and City of Lathrop Water System Standards).
16. The developer shall be responsible for providing approved vehicle access for firefighting to all construction and demolition sites. Vehicle access shall be provided to within 100 feet ( 30, 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.
17. The Fire Department Fire Access Roads shall meet the requirements established by the San Joaquin County Fire Chief' sAssociation.
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
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21. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet ( 122 meters) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official.
22. At LMFD' s discretion the proposed project may be subject to other fire & life safety requirements at the time of building plan review.
23. Final approval is subject to field inspections. A minimum 48 to 72 -hour notice is required prior to any life -safety fire inspections. Other conditions may apply at time of inspections and are subject to correction.
LATHROP POLICE DEPARTMENT ( LPD)
1. The applicant shall paint the address on the roof top for each individual building. The numbers shall be at least 3 feet tall, 2 feet wide, 9 inches apart, with 6 -inch brush stroke with a color that contrast the roof top, top of numbers/ letters should point north.
2. The applicant shall install dedicated lights in the parking lot that are properly maintained including the drive access.
3. The applicant shall install an indoor and outdoor recording security camera system that shall be maintained by the property owner and accessible to LPD with camera views covering all ingress and egress to all building( s) and parking areas. The quantity and location shall be reviewed and approved by LPD prior to issuance of an occupancy permit.
4. Where access to the development is restricted because of secured openings or where immediate access is necessary for life- saving or emergency purposes, a key " knox" box is required to be installed in an approved location. The key " knox" box shall be of an approved type and shall contain keys to gain necessary access as required by the police chief. In addition to key " knox" box( es), any automatic gates shall have Opticom access ability to provide necessary access for emergency vehicles.
5. The proposed landscaping for this project shall conform to the following CPTED measurements:
a. Maintain natural visible surveillance to building from parking lot and street. b. Plants taller than 8 feet shall be trimmed up to 4 feet from ground. c. Plans under 8 feet shall be trimmed to allow ground level surveillance.
ADMINISTRATIVE SERVICES
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.
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SAN JOAQUIN COUNTY —
June 21, 2023
Environmental Health Department
Jasjit Rang, REHS, Director
Muniappe Naidu. REHS. Assistant Director
PROGRAM COORDINATORS
Jeff Curuesco, REHS. RDI
Way Ng. REHS
Stevan Shill. REHS
Elena Margo, REHS
Natalia Subbotnikova, REHS
To: City of Lathrop Community Development Department Planning Division Attention: David Niskanen
From: Cesar Ruvalcaba (209) 953- 6213
Lead Senior Registered Environmental Health Specialist
RE: CUP - 23- 08, SPR- 23- 09, Referral, SU0015642, SU0015641 14101 S. Manthey Road ( APN: 192- 00- 14)
The San Joaquin County Environmental Health Department (EHD) recommends the following conditions as a part of developing this project:
1. Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department ( San Joaquin County Development Title, Section 9- 601. 010( b) and 9. 601. 020( i)).
2. Any abandoned wells or septic systems shall be destroyed under permit and inspection by the EHD ( San Joaquin County Development Title, Section 9- 605. 010 & 9- 601. 020) 1868 E. Hazelton Avenue 1 Stockton, California 952051 T 209 488. 34201 F 209 464- 0138 1 www. sjgov. org/ ehd
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ENVIRONMENTAL CHECKLIST
SUMMARY OF PROJECT REQUIREMENTS
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Summary of CEQA Project Requirements for the Ashley Warehouse Project Requirement AG -1: Implement Lathrop Municipal Code Chapter 3. 40 AGRICULTURAL MITIGATION FEE Section 3. 40. 030 Collection of 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 approval of any discretionary permit if no building permit is required.
Ord. 05- 248 § 1)
Requirement AG -2: Require all development to coordinate with and participate with SJCOG in the SJMSCP Agricultural Mitigation Fee program as required.
Requirement AQ- 1: Comply with SJVAPCD Rule 9510 Indirect Source Review Requirement AQ- 2: Comply with SSJVAPCD Regulation VIII for all sites and implementation control measures indicated in Tables 6-2 and 6-3 of the SJVAPCD' sGuide for Assessing and Mitigating Air Quality Impacts.
Requirement B/ 0-1: Compliance with the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan ( SJMSCP)
Requirement 810- 2: Compliance with the mitigation recommendations included within Biological Resources Analysis Report (Attachment A).
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. 2.3, 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 5.4(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 5.4 (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.
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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' shawk 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() 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().
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' sreport 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.
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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: Implement recommendations presented in the Preliminary Geotechnical Engineering Report. Prepared by: Terracon Consultants, Inc. during the project design and construction.
Requirement HAZ- 1: Ifthe project will store, transport or handle hazardous materials the project shall be required to prepare and file a Hazardous Materials Business Plan ( HMBP) with the City prior to issuance of Certificate of Occupancy.
Project Requirement Hydro -1: The project applicant shall prepare a Storm Water Pollution Prevention Plan ( SWPPP) that includes specific types and sources of stormwater pollutants, determine the location and nature of potential impacts, and specify appropriate control measures to eliminate impacts on receiving water quality from stormwater runoff. The SWPPP shall require treatment BMPs that incorporate, at a minimum, the required hydraulic sizing design criteria for volume and flow to treat projected stormwater runoff. The SWPPP shall comply with the most current standards established by the RWQCB, and the Lathrop Storm Water Program. Best Management Practices shall be subject to approval by the City Engineer and RWQCB.
Project Requirement Hydro 2: Prior to approval of the building permit, the project applicant shall submit a detailed Stormwater Control Plan constant with General Plan Action PFS- 4.5, and the criteria set forth in the Lathrop Stormwater Program.
Requirement N- 1: Implement General Plan Policy N- 1.5, and Lathrop Municipal Code Section 8. 20. 110 Construction of buildings and projects).
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N- 1.5 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 - by - case basis by the Building Official.
Lathrop Municipal Code Section 8. 20. 110 (Construction of buildings and projects) " It shall be unlawful for any person within a residential zone or within a radius of five hundred ( 500) feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of ten p. m. of one day and seven a. m. of the next day, or eleven p. m. and nine a. m. Fridays, Saturdays and legal holidays, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefore has been duly obtained from the office or body of the city having the function to issue permits of this kind. No permit shall be required to perform emergency work as defined in Sections 8. 20. 010 through 8. 20. 040. (Prior code § 99. 40)"
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HODGDON
MANAGEMENT
4 CONSTRUCTION
September 5, 2024
Rick Caguiat
City of Lathrop
Director of Community Development
390 Towne Centre Drive
Lathrop, CA 95330
Mr. Caguiat,
ATTACHMENT " C
As we enter the next phase and increase our financial obligations it is important to further clarify the City Council' sinterpretation of certain provisions in the Conditional Use Permit. Therefore, we are requesting the City Council clarify two aspects of the Project CUP.
With respect to our first request for clarification, per Lathrop Municipal Code Section 17. 112, the CUP runs with the land. The Project approvals authorize the development of the Project as contemplated in the CLSP- Phase 2, zoning, and CUP as long as the future end user complies with Project approvals, including the CUP Conditions of Approval.
However, after discussion with staff, we are requesting the Council clarify that the CUP is valid for any use of the property that is ( i) within the level of development and allowable land uses contemplated in the CUP, and ( ii) the development is consistent with the Conditions of Approval. We also request that the Council clarify that no further environmental review would be required as long as a change to the Ashley Furniture Project is within the level of development and type of land uses ( including warehouse, distribution, retail and office, individually or combined) that were evaluated in the City' s certified General Plan EIR and the adopted CEQA Guidelines Section 15183 consistency analysis for the Ashley Furniture Project. We would envision that the Project would continue to comply with all conditions related to traffic including routing all trucks to the north ( with only the smaller delivery trucks to the south), constructing the necessary off -sites and installing the agreed traffic mitigation matters among other elements.
Clarification Regarding CUP Condition of Approval (Public Works) #5 Secondly, as the City is aware, Ashley completed traffic counts at Lathrop Road/ I-5 NB Ramp in
accordance with CUP Condition of Approval ( Public Works) #5 prior to the City Council' sapproval of the Project CUP. We request that the City Council confirm that no further traffic counts are required at this location so long as the development complies with the existing approved traffic counts/ useauthorized by the approved CUP.
1461 E. Cooley Drive,
Hodgdon
Suite 230,
Management
Colton, CA 92324
and Construction,
T ( 909) 824-002
Inc. I
F (
www. hodgd© ngr© up.c©m
909) 824-027 Contractor License # 844866
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2 -
Request for reset of the 3 -year time period from approval of CUP Lastly, due to market and economic uncertainty which has delayed the original project from moving forward coupled with the potential for continued marketing of the site to a different user, preparation of plans, engineering, budgeting, we request that the 3 -year time period from the original approved CUP be reset effective from the date of the approved amended CUP.
We look forward to working with staff to document this interpretation in a resolution or other such documents recommended by staff.
Regards,
Aaron W. Hodgdon
Hodgdon Management
1461 E. Cooley Drive, Suite 230, Colton, CA 92324
and Construction,
T ( 909) 824-002
Inc. I
F (
www. hodyclongroup.{ nom
909) 824-027 Contractor License * 844866
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CITY MANAGER' S REPORT ITEM 5. 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE)
ORDINANCE TO ADOPT AMENDMENTS TO THE
LATHROP MUNICIPAL CODE ( LMC) TO UPDATE
CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER
13.6 SEWER SERVICE SYSTEM AND CHAPTER
13. 20 UTILITY RATES AND CHARGES IN TITLE 13,
PUBLIC SERVICES.
RECOMMENDATION: City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an
Ordinance to Adopt Amendments to the
Lathrop Municipal Code ( LMC) to Update
Chapter 13. 04 Water Service System, Chapter
13.6 Sewer Service System and Chapter
13. 20 Utility Rates and Charges in Title 13,
Public Services, including:
Chapter 13. 04 (Water Service System):
Add ( D) to 13. 04. 155 to read " A water
service customer who presents a current
military identification card or veterans
identification card shall receive a 10%
reduction in their monthly service charge
by meter size. The commodity rate shall
not be reduced."
Chapter 13.6 (Sewer Service System):
Add ( D) to 13.6. 255 to read " A sewer
service customer who presents a current
military identification card or veterans
identification card shall receive a 10%
reduction in their flat monthly service
charge."
Chapter 13. 20 (Utility Rates and Charges):
Revise 13. 20. 020 (E) to read " A fee [ of]
Thirty- five and no/ 100ths ($35. 00) dollars
shall be charged for restoring water
service to the same user when it is
discontinued for failure to pay a delinquent
account."
Chapter 13. 20 (Utility Rates and Charges):
Add ( F) to 13. 20. 020 to read " In the event
it is necessary to lock a water meter
because of a delinquency and the lock is
subsequently found damaged or cut, a fee
of Fifty and no/ 100ths ($50. 00) dollars
shall be charged in addition to the fee set
forth in subsection ( E) of this section.
889
CITY MANAGER' S REPORT Page 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) ORDINANCE TO ADOPT
AMENDMENTS TO THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
SUMMARY:
On September 9, 2024 the City Council received a referral to discuss the potential of the City reducing late fees for utility bills and the possibility of offering a discount for veterans. At that meeting staff was directed to evaluate areas where the fees could potentially be reduced and to develop a veteran discount program. The proposed Municipal Code Text Amendment would update Sections 13. 04 and 13.6 of the Lathrop Municipal Code ( LMC) to include language that would provide current military personnel and veterans presenting proper documentation a 10% reduction to the fixed meter charge for water and a 10% reduction in the flat monthly service charge for wastewater. The 10% reduction for current military and veterans aligns with the City' s support of the military community and aims to extend our gratitude to those who have served or are currently serving our country in the US armed forces.
The proposed Municipal Code Text Amendment to update Section 13. 20 of the Lathrop Municipal Code ( LMC) would revise the fee currently charged of $ 30 for suspension/ termination of services and $ 30 for service reconnection to a one- time charge of $35 to restore services to the same user when it is discontinued for failure to pay a delinquent account. Staff also compared the City' s utility fees to surrounding agencies and found that the City lacked a cut lock fee to recuperate costs associated with the physical locks and utility staff time to reinspect meter boxes that have been locked due to the delinquency and the lock is subsequently found damaged or cut.
The proposed Municipal Code Text Amendments, if approved, will also establish a 50 fee for locks found to be damaged or cut.
BACKGROUND:
On September 9, 2024 the City Council received a referral to discuss the potential of the City reducing late fees for utility bills and the possibility of offering a discount for veterans. At that meeting staff was directed to evaluate areas where the fees could potentially be reduced and to develop a veteran discount program. The proposed Municipal Code Text Amendment would update Sections 13. 04 and 13.6 of the Lathrop Municipal Code ( LMC) to include language that would provide current military personnel and veterans presenting proper documentation a 10% reduction to the fixed meter charge for water and a 10% reduction in the flat monthly service charge for wastewater. This reduction would apply to the service charge but would not affect the commodity rate. The 10% reduction for current military and veterans aligns with the City' ssupport of the military community and aims to extend our gratitude to those who have served or are currently serving our country in the US armed forces. 890
CITY MANAGER' S REPORT Page 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) ORDINANCE TO ADOPT
AMENDMENTS TO THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
The proposed Municipal Code Text Amendment to update Section 13. 20 of the Lathrop Municipal Code ( LMC) would revise the fee currently charged of $ 30 for suspension/ termination of services and $ 30 for service reconnection to a one- time charge of $ 35 to restore services to the same user when it is discontinued for failure to pay a delinquent account. Staff also compared the City' sutility fees to surrounding agencies and found that the City lacked a cut lock fee to recuperate costs associated with the physical locks and utility staff time to reinspect meter boxes that have been locked due to the delinquency and the lock is subsequently found damaged or cut.
The proposed Municipal Code Text Amendments, if approved, will also establish a 50 fee for locks found to be damaged or cut.
Staff looked at the City' s late fee structure and compared it to surrounding agencies.
The City' s current late charges strike a balance between encouraging on -time payments and maintaining a fair and customer -friendly approach. The penalty fee structure aims to incentivize prompt payments without overly burdening customers, while still covering the costs associated with late payments.
The City' s utilities operate as Enterprise funds that account for city operations, which are financed and operated in a manner similar to private enterprise. User charges and impact fees recover costs of providing service to the public. Enterprise funds are established to account for operations of the self- supporting municipal water and wastewater service. Services are rendered based on a Proposition 218 approved rate structure. Due to the stipulations of Proposition 218 ( California' sRight to Vote on Taxes) agencies have concluded that water affordability programs or discount programs cannot use rate revenue as that would be a subsidy from one customer class to another and, therefore, deemed illegal.
The proposed Municipal Code Text Amendment, if approved, will modify the following Chapter( s) and Section( s) of the LMC. A notice of the Public Hearing was advertised in the Manteca Bulletin newspaper on October 1, 2024.
Proposed Amendments:
CHAPTER 13 PUBLIC SERVICES
13. 04. 155 Payment assistance program -Water service.
Add:
D. A water service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced.
13.6. 255 Payment assistance program - Sewer service.
Add:
891
CITY MANAGER' S REPORT Page 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) ORDINANCE TO ADOPT
AMENDMENTS TO THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
D. A sewer service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their flat monthly service charge.
13. 20. 020 Deposits for utility service -Termination, suspension and reconnection fees.
Remove / Add:
E.
of c
that hate bccn suspcndcd, the followin .
Suspcnsion/ tcrmination of scrviccs $ 30. 00
crvicc connection $ 30. 00
Add:
A fee [ of] Thirty- five and no/ 100ths ($35. 00) dollars shall be charged for restoring water service to the same user when it is discontinued for failure to pay a delinquent account.
F. In the even it is necessary to lock a water meter because of a delinquency and the lock is subsequently found damaged or cut, a fee of Fifty and no/ 100ths ($50. 00) dollars shall be charged in addition to the fee set forth in subsection ( E) of this section.
REASON FOR RECOMMENDATION:
Staff recommends that the City Council consider the proposed Municipal Code Text Amendments to establish the discount program for current military personnel and veterans. Staff also recommends Council amend the charges for restoring water service and establish a fee for locks found to be damaged or cut.
FISCAL IMPACT:
Funds collected through late fees and disconnect/ reconnect fees are the sole source of funding for the City' s proposed veteran assistance program. Proposition 218 does not allow rate revenue to be used for these types of rate reduction programs. Late payments and delinquency charges are separate fees exempt from the requirements of Proposition 218. The proposed municipal code amendments will have the following fiscal impacts; the introduction of a 10% reduction in the monthly water and sewer service charges for current military personnel and veterans will result in a decrease in revenue, but will be fully funded through late fee penalties received. 892
CITY MANAGER' S REPORT Page 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) ORDINANCE TO ADOPT
AMENDMENTS TO THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
The reduction of the restoration fee from $ 60 to $ 35, will reduce revenue from delinquent account reconnections. However, this impact is anticipated to be manageable, as the fee is designed to cover the actual costs of service restoration.
The lower fee aligns with state law while maintaining the City' s ability to recoup its costs for restoring water services.
The implementation of a $ 50 fee for damaged or cut locks is expected to offset the costs incurred by the City for repairing or replacing tampered meters and locks. This fee will provide a revenue stream to cover repair expenses, ensuring that the City is not burdened with additional costs from meter tampering. It will also serve as a deterrent, potentially reducing future incidents and further minimizing repair costs.
ATTACHMENTS:
A. Ordinance Adopting Amendments to the Lathrop Municipal Code ( LMC) to update Chapter 13. 04 "Water Service System", Chapter 13.6 "Sewer Service System and Chapter", 13. 20 "Utility Rates and Charges" in Title 13, Public Services." Modify the Language to Revise Fees and Include Current Military and Veterans to Receive Rate Reduction
893
CITY MANAGER' S REPORT Page 6
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) ORDINANCE TO ADOPT
AMENDMENTS TO THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
APPROVALS:
o• •ale Bulsara- Popal
Customer Service Supervisor
Cari Jam
Director • f Fi ance
ivAleozy
Date
10, 44W41
Date
10 / - 7 I
Z a2q
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
fv• a .24
Stephen J. Salvatore Date
City Manager
894
ORDINANCE NO. 24 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND THE LATHROP MUNICIPAL CODE ( LMC) TO UPDATE CHAPTER 13. 04 WATER SERVICE SYSTEM, CHAPTER 13.6 SEWER SERVICE SYSTEM AND CHAPTER 13. 20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES.
WHEREAS, this Municipal Code Text Amendment intends to update Sections
13. 04 and 13.6 of the Lathrop Municipal Code ( LMC) to include language that would provide current military personnel and veterans presenting proper documentation a 10% reduction to the fixed meter charge for water and a 10% reduction in the flat monthly service charge for wastewater; and WHEREAS, the 10% reduction for current military and veterans aligns with the City' s support of the military community and aims to extend gratitude to those who have served or are currently serving in the US armed forces; and WHEREAS, this Municipal Code Text Amendment to update Section 13. 20 of the Lathrop Municipal Code ( LMC) intends to revise the fee currently charged of $30 for suspension/ termination of services and $ 30 for service reconnection to a onetime charge of $ 35 to restore services to the same user when it is discontinued for failure to pay a delinquent account; and
WHEREAS, the proposed Municipal Code Text Amendment also establishes a 50 fee for locks found to be damaged or cut; and
WHEREAS, proper notice of the public hearing held on October 14, 2024 was given in all respects as required by law; and
WHEREAS, the City Council of the City of Lathrop has duly considered all written evidence and oral testimony presented during the October 14, 2024 public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LATHROP, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve the Lathrop Municipal Code amendments as outlined in the staff report dated October 14, 2024 and incorporated by reference herein.
Section 1.
Amendments to the Lathrop Municipal Code ( LMC) to Update Chapter 13. 04 Water Service System, Chapter 13.6 Sewer Service System and Chapter 13. 20 Utility Rates and Charges in Title 13, Public Services, including:
Chapter 13. 04 (Water Service System): Add ( D) to 13. 04. 155 to read A water service customer who presents a current military
Attachment " A"
895
identification card or veterans identification card shall receive a 10% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced."
Chapter 13.6 (Sewer Service System): Add ( D) to 13.6. 255 to read A sewer service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their flat monthly service charge."
Chapter 13. 20 (Utility Rates and Charges): Revise 13. 20. 020 (E) to read " A fee [ of] Thirty- five and no/ 100ths ($35. 00) dollars shall be charged for restoring water service to the same user when it is discontinued for failure to pay a delinquent account."
Chapter 13. 20 (Utility Rates and Charges): Add ( F) to 13. 20. 020 to read " In the event it is necessary to lock a water meter because of a delinquency and the lock is subsequently found damaged or cut, a fee of Fifty and no/ 100ths ($50. 00) dollars shall be charged in addition to the fee set forth in subsection ( E) of this section.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Attachment " A"
896
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 14th day of October 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of , 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
Attachment " A"
897
PAGE LEFT
INTENTIONALLY
BLANK
898
ITEM 5.
CITY MANAGER' SREPORT
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND PROVIDE DIRECTION ON CONCEPTUAL
PLAN FOR CIP PK 24- 04 MOSSDALE LANDING
COMMUNITY PARK IMPROVEMENTS
RECOMMENDATION: Council to Review and Provide Direction on Conceptual Plan for CIP PK 24- 04 Mossdale Landing
Community Park
SUMMARY:
At the September 9, 2024 City Council meeting, Council requested that staff return to the following City Council meeting with a conceptual plan for possible improvements at the Mossdale Landing Community Park and the estimated funding needed to proceed with the construction of the improvements.
Staff is presenting the conceptual plan for Mossdale Landing Community Park with approximate associated costs to construct the improvements and requests that Council provide direction.
BACKGROUND:
Mossdale Landing Community Park is approximately a 20 -acre park site within the Mossdale Residential Community, located along the eastern embankment of the San Joaquin River, south of Towne Centre Dr, north of Open Range Ave and west of Golden Spike Trail.
The conceptual design includes a study of the overall function and flow of the park and its current amenities. The conceptual plan proposes to demolish and install a new play structure and splash pad at its current location and resurface the basketball court. No other amenities were considered to be updated with this conceptual plan.
REASON FOR RECOMMENDATION:
Staff is returning to Council as requested to present the conceptual design options of Mossdale Landing Community Park improvements and the associated cost. Staff is requesting Council to review the options presented and provide direction to proceed with CIP PK 24- 04 Mossdale Landing Community Park Improvements.
FISCAL IMPACT:
Staff estimates the following approximate costs associated with the project option presented within this report:
Cost Estimate: Play structure & splash pad replacement & Basketball court surfacing
2, 500, 000
899
CITY MANAGER' S REPORT
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON CONCEPTUAL PLAN FOR CIP PK 24- 04 MOSSDALE LANDING COMMUNITY PARK IMPROVEMENTS
PAGE 2
Staff will proceed with Council direction and return to Council for approval of the Professional Services Agreement ( PSA) for design services and related budget amendment if needed.
ATTACHMENTS:
NONE
900
CITY MANAGER' SREPORT
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON CONCEPTUAL PLAN FOR CIP PK 24- 04 MOSSDALE LANDING COMMUNITY PARK IMPROVEMENTS
APPROVALS
r
Leisser Mazariegos
Project Mafilger
PAGE 3
r - wl
Da e
2d
k t'-''( ts(,- mot
Todd Sebastian Date
Parks and Recreation Director
Brad f ylor
City Engineer
Date
Io % t %Zazq
Cari James Date
Finance Director
to • 7. z0Zy
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
StepkrerrSalvatore
City Manager
0.9.2'/.
Date
901
PAGE LEFT
INTENTIONALLY
BLANK
902
ITEM 5. 6
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
REVIEW AND PROVIDE DIRECTION ON DESIGN
CONCEPT OPTIONS FOR STONEBRIDGE
COMMUNITY SIDEWALK AND LANDSCAPE
PROJECT, CREATE CIP PS 25- 14 AND APPROVE
BUDGET AMENDMENT
Provide Direction on a Design Option for
Stonebridge Community Sidewalk and
Landscape Project, Create CIP PS 25- 14 and
Approve Budget Amendment
SUMMARY:
At the September 9, 2024 City Council Meeting, Council directed staff to return to the following Council meeting with options for new landscaping and sidewalks within the Stonebridge Community. Staff is presenting the conceptual plans for the Stonebridge Community Sidewalk and Landscape Project ( Project) with approximate associated costs to construct the improvements and requests that Council provide direction.
Staff also requests Council create Capital Improvement Project ( CIP) PS 25- 14 for the Project and approve a budget amendment to fund the design of the improvements.
BACKGROUND:
The Stonebridge Community was designed with sidewalks and landscaping to provide connectivity throughout the community. Over the past 30 years, the tree roots have lifted the sidewalk and created tripping hazardous throughout the community, which is now far beyond the maintenance capacity of our Streets Division. In addition, the overgrown roots and trees have managed to break irrigation, which has caused the landscaping to deteriorate.
Staff has received conceptual design options with alternative landscape plans for Council to review and provide direction. Two concepts are provided, one to remove and replace the sidewalk in the existing location and another to relocate the sidewalk to the street curb, both concepts include different landscaping options.
The idea behind moving the sidewalk closer to the road, although higher cost, is to eliminate two separated landscape areas and provide one landscape area behind the sidewalk. Also, moving the sidewalk would provide more separation between the trees and the sidewalk, which may prevent future root damage. However, this option 903
CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN CONCEPT OPTIONS FOR
STONEBRIDGE COMMUNITY SIDEWALK AND LANDSCAPE PROJECT, CREATE CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
would increase the project scope as it includes relocation of irrigation, streetlights, and sidewalks and a potential need for a retaining wall.
Due to the high cost of either concept, staff suggest Council consider phasing this project into four different projects as follows:
Phase 1: Harlan Road, Stonebridge Lane to Slate Street
Phase 2: Slate Street from Harlan Road to Stonebridge Lane Phase 3: Opal Street from Slate Street to Stonebridge Lane Phase 4: Stonebridge Lane from Harlan Road to Slate Street.
Phasing the project would be less impact to the community and allow the City to budget for the project over several years. Exact phases would be determined at a later date.
REASON FOR RECOMMENDATION:
Staff is now returning to Council as requested to present design concept options.
Tripping hazards, broken irrigations lines and dead landscaping throughout the Stonebridge Community has proven to be a costly maintenance issue and the options provided will improve aesthetics, safety and reduce maintenance cost.
FISCAL IMPACT:
Staff is requesting City Council to approve a budget for the Project by transferring 100, 00 from General Fund Sidewalk Repair Reserves ( 1010) to CIP Project Fund 3310) to advance the design of the improvements as follows:
Decrease Sidewalk Repair Reserves
1010- 251- 03-1 $ 100, 00
Increase Transfer Out
1010- 9900-90- 9010 $ 100, 00
Increase Transfer In
3310- 9900- 393- 0000
Increase Expenditure
3310- 8000- 420- 830
PS 25- 14 $ 100, 00
PS 25- 14 $ 100, 00
904
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN CONCEPT OPTIONS FOR
STONEBRIDGE COMMUNITY SIDEWALK AND LANDSCAPE PROJECT, CREATE CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution approving to Create CIP PS 25- 14 for Stonebridge Community Sidewalk and Landscape Project and Approve Budget Amendment 905
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN CONCEPT OPTIONS FOR
STOCKBRIDGE COMMUNITY SIDEWALK AND LANDSCAPE PROJECT, CREATE CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
APPROVALS:
Lesseisser
Project
Mazariegos M
Manager
zarie os Da17112021- i
Brad Tjylor
City E gineer
Date
c ( o - $ •ZOZ'{
Michael King Date
Assistant City Manager
Cari Ja
Finance ector
folgekoltIc
Date
if cg ' LC Ly
Salvador Navarrete Date
City Attorney
Stein J. Salvatore Date
City Manager
906
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PS 25- 14 FOR STONEBRIDGE COMMUNITY SIDEWALK AND LANDSCAPE
PROJECT, AND APPROVE A BUDGET AMENDMENT
WHEREAS, staff is proposing to create Capital Improvement Project ( CIP) PS 25- 14 for Stonebridge Community Sidewalk and Landscape Project to repair sidewalk and landscaping throughout the Stonebridge Community; and WHEREAS, staff is requesting that City Council approve a budget amendment for the design of the project and cover initial cost of conceptual design; and WHEREAS, funds were not allocated in the approved fiscal year 24/5budget, thus staff is requesting the approval of a budget transferring $ 100, 00 from the General Fund Sidewalk Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Sidewalk Repair Reserves
1010- 251- 03-1
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Expenditure
3310- 8000- 420- 830
100, 00
100, 00
PS 25- 14 $ 100, 00
PS 25- 14 $ 100, 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates CIP PS 25- 14 for Stonebridge Community Sidewalk and Landscape Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget transfer of $ 100, 00 from the General Fund Sidewalk Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 907
The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 908
ITEM 5. 7
CITY MANAGER' S REPORT
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
ITEM: REVIEW SURVEY RESULTS AND PROVIDE
DIRECTION ON TRANSPORTATION FOR LATHROP
HIGH SCHOOL
RECOMMENDATION: Council to Review Survey Results and Provide Direction on Transportation for Lathrop High School
SUMMARY:
Lathrop High School student transportation has been a reoccurring topic brought forth by residents and has been discussed during Council comments during the past. Staff developed a quick survey that could be shared with parents to assess the demand within the City. City staff then worked with Manteca Unified School District ( MUSD) to push the survey out to parents of Lathrop High School students.
The survey was pushed out by MUSD through email and was also made available to the public via the City' s social media profiles. The City received 97 responses to the survey and 93 expressed " Yes, my child would ride the bus if it was available".
Staff is presenting the results of the survey and is seeking Council direction on potential next steps.
BACKGROUND:
Lathrop High School student transportation has been a reoccurring topic brought forth by residents and has been discussed during Council comments during the past. Staff developed a quick survey that could be shared with parents to assess the demand within the City. City staff then worked with Manteca Unified School District ( MUSD) to push the survey out to parents of Lathrop High School students.
The survey was titled "School Bus Ridership Survey for Lathrop High School" and was provided in both English and Spanish. The survey introduced the topic to the participant by explaining:
The City of Lathrop is exploring ways to safely transport students who are not given the option of bus transportation to and from school. The City bussing option would provide transportation to students who reside within the City of Lathrop boundaries. This program would supplement the existing transportation services provided by Manteca Unified for high school students who reside beyond a 2. 5 -mile radius ( distance measured in air miles) of Lathrop High School in accordance with the District' stransportation board policy. Your response to this survey will assist in evaluating the potential demand and establishment of routes that would service students in the future.
Please take a moment to complete the questionnaire regarding your child' s transportation needs. Your participation is greatly appreciated." 909
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
REVIEW SURVEY RESULTS AND PROVIDE DIRECTION ON TRANSPORTATION
FOR LATHROP HIGH SCHOOL
The survey was pushed out by MUSD through email and was also made available to the public via the City' ssocial media profiles. The City received 97 responses to the survey and 93 expressed " Yes, my child would ride the bus if it was available". The results of the survey will be provided to MUSD staff to validate the responses received.
Staff also concurrently ran a Request for Proposal ( RFP) for a transportation planning consultant that could aide staff in LHS student transit planning. The City received one response to the RFP and the responder identified an expedited timeline of three months to complete the first phase of that project. The cost proposal from the responder estimated the first phase task cost of $ 46, 720.
REASON FOR RECOMMENDATION:
Staff is presenting the results of the survey and is seeking Council direction on potential next steps.
FISCAL IMPACT:
The City currently does not operate a transit system. The fiscal impact will vary drastically based on the direction provided by Council. The City currently has received approximately $ 1, 800, 000 in transit funds from SJCOG. The use of these funds is restricted to specific categories for transportation purposes. While the City has received this funding for transit purposes the use of these funds for this purpose has not been explored. If transit restricted funds were found to not be eligible for this purpose the City' s only unrestricted funding sources that could be available to use would be the General Fund or Measure C.
Staff will proceed with Council direction and return to Council for approval of any related budget amendment if needed.
ATTACHMENTS:
N/ A
910
CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024, CITY COUNCIL REGULAR MEETING
REVIEW SURVEY RESULTS AND PROVIDE DIRECTION ON TRANSPORTATION
FOR LATHROP HIGH SCHOOL
APPROVALS
Thomas Hedegard
Deputy City Manager
Salvador Navarrete
City Attorney
Date
10'`- 2—
Date
1a -q-- 24
Stephen Salvatore Date
City Manager
911
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BLANK
912
ITEM 5. 8
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CITY COUNCIL DISCUSSION REGARDING BOAT
PARKING ON RESIDENTIAL DRIVEWAYS ON A CASE -
BY -CASE BASIS
RECOMMENDATION: City Council to Discuss and Provide Staff Direction Regarding Boat Parking On Residential Driveways
On A Case -By -Case Basis
SUMMARY:
During the August 12, 2024 City Council Meeting, Mayor Dhaliwal requested staff bring back to City Council a discussion to address boat parking regulations on a case - by -case basis, providing flexibility for residents with unique property conditions or circumstances.
Tonight' srequested action from Council is to provide direction to staff on the case - by -case criteria to avoid the use of selective enforcement.
BACKGROUND:
The current Lathrop Municipal Code, LMC 17. 76. 020, imposes general restrictions on boat parking within residential areas, typically requiring that boats be stored off -site or in specific areas on private property ( e.g., behind fences or in garages). These regulations have been designed to preserve neighborhood aesthetics, ensure safety, and reduce visual clutter.
Current LMC:
17. 76. 020 Off- street parking facilities required.
A. Definition. A " parking space" shall be an area for the parking of a motor vehicle, plus those additional areas and facilities required to provide for safe access to and from the space. The area set aside to meet these provisions must be useable and accessible for the type of parking need that must be satisfied.
B. Special Limitations and Requirements in Residential Areas.
1. In any residential district, no recreation vehicle, including motor home, camping trailer, boat trailer, boat, pick- upcamper, fifth wheel or dune buggy or utility trailer shall be stored or parked except within an enclosed side or rear yard or within a garage or carport; no semi -truck and trailer, semi -truck, trailer or other truck exceeding one ton of capacity shall be parked within any residential district. 913
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CITY COUNCIL DISCUSSION REGARDING BOAT PARKING ON RESIDENTIAL
DRIVEWAYS ON A CASE - BY -CASE BASIS
2. In any residential district, all motor vehicles incapable of movement under their own power, other than in cases of emergency accident or breakdown, shall be stored in an entirely enclosed space, garage or carport. No more than one such vehicle shall be so stored at any time, and no more than one such vehicle shall be allowed to be under repair at any time. Parking on lawns or other areas in front yards, other than on a driveway, is prohibited
Our current procedure:
If a CSO is dispatched to the complaint of any type of trailer, RV, motorhome, semitrailer being stored on the driveway the CSO will do as follows:
1. The CSO will attempt to make contact with the resident to let them know that they cannot store trailers/ RVs in the driveway since it violates LMC 17. 76. 020 B).
2. CSO will give 72 hours for the resident to relocate the trailer.
3. The CSO will follow up and if the trailer is still there, the property owner and resident will both be issued a Notice of Violation. They will be given 7 to 10 days to comply.
4. If not compliance, the resident and/ or property owner will be issued a citation for violating LMC 17. 76. 020( B).
5. The resident/ property owner will continue to be cited until compliance.
If we receive a complaint of an RV/ trailer in the back yard, CSO will:
1. The CSO will inspect property to see if the RV is visible from the right of way. If they can see the RV, they will attempt to make contact with the owner and request to inspect the back yard. RV' s can be stored in the yard but must be stored on an approved surface per LMC 10. 25. 040 Rear yard vehicle parking.
2. The CSO will provide a courtesy notice and follow up within 7 to 10 days.
3. If there is no compliance the resident/ property owner will be then issued a Notice of Violation providing another 7 to 10 days to comply.
4. If still no compliance, the resident/ property owner will be cited for violating LMC 10. 25. 040.
5. The resident/ property owner will continue to be cited until compliance.
There are pros and cons to a case -by -case approach. The pros to a case -by -case approach are:
Ability for the City to consider each property' s unique characteristics and ensure that boat parking is managed in a way that protects neighborhood aesthetics while accommodating the needs of residents.
Property Size and Layout: Larger lots or properties with sufficient setbacks may be able to accommodate boat parking without impacting neighbors. 914
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CITY COUNCIL DISCUSSION REGARDING BOAT PARKING ON RESIDENTIAL
DRIVEWAYS ON A CASE - BY -CASE BASIS
Availability of Off -Site Storage: Some residents may not have reasonable access to alternative boat storage and this will provide option for storage on their property.
The issues and concerns that may arise from allowing a case -by -case approach include the following:
Neighborhood Character and Aesthetics: The visual impact of boat parking can vary depending on the surrounding neighborhood. Boat parking is generally prohibited in the front yards by municipalities due to lack of maintenance and being unsightly.
Safety Concerns: Boats parked in the driveway can obstruct sightlines, sidewalks, or emergency vehicle access.
Enforcement: Enforcement becomes selective and this can be problematic as it becomes a subjective determination of what is considered well maintained.
CC& R Conflict: There are neighborhoods within the City that have private CC& R' sthat restrict boat parking in the front yard.
RECOMMENDATION:
Staff recommends the following actions:
1. City Council to discuss and provide staff direction regarding boat parking on residential driveways on a case -by -case basis
FISCAL IMPACT:
No fiscal impact to the City of Lathrop.
ATTACHMENTS:
None.
915
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CITY COUNCIL DISCUSSION REGARDING BOAT PARKING ON RESIDENTIAL
DRIVEWAYS ON A CASE - BY -CASE BASIS
APPROVALS:
phen Se
Chief of Police
Cari Ja s
Finance irector
fD/ u /A0 g._‘( Date / jj
1,0//4, p,: 1 -ye
Date
lo/ o/ Zvzy
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete
City Attorney
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Date
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Stephen J. Salvatore Date
City Manager
916
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR DHALIWAL REFERRAL
ITEM 6. 1
RECOMMENDATION: Appoint One ( 1) Member to the San Joaquin County Mosquito & Vector Control District Board of
Trustees, with Term Ending December 31, 2024,
Plus Full Term of Four ( 4) Years, Ending December
31, 2028, Due to Unexpired Term Vacancy
SUMMARY:
San Joaquin County Mosquito and Vector Control District ( the District) is an independent Special District formed pursuant to the California Health and Safety Code, Section 2000 et seq. An appointed Board of Trustees governs the District, with representatives from each incorporated City and the County at -large. The District assists with managing mosquito populations at levels that reduce the risk of virus transmissions to humans and horses in urban, suburban, and rural areas.
The City of Lathrop is authorized to appoint one ( 1) representative to the Board of Trustees. Such member appointed by the City serves a term of four ( 4) years, and each subsequent reappointment may be for a term of two or four years. Members are expected to participate in regular meetings, as well as sub committees, as part of their duties. Meetings of the District are held on the third Tuesday of each month if the regular meeting date falls on a legal holiday, the meeting will be held the following Tuesday.
During the July 12, 2021, Lathrop City Council appointed Ms. Hope Datoc as a Lathrop representative to serve on the San Joaquin County Mosquito & Vector Control District Board of Trustees, with a term ending December 31, 2024, due to an unexpired term vacancy. On July 10, 2024, the City was informed that Ms. Datoc stepped down as a Trustee representing the City of Lathrop.
An unscheduled term vacancy exists for a Trustee representing the City. Therefore, tonight' sreferral is requesting the Council to appoint one ( 1) member to the San Joaquin County Mosquito & Vector Control District Board of Trustees, with term ending December 31, 2024, due to the unexpired term vacancy, plus a full term of four ( 4) years, ending December 31, 2028.
One ( 1) application was received.
APPLICANT FOR CONSIDERATION:
1. Susan Zaca, application received 9/ 6/ 2024
SUBMITTED BY:
eresa Vargas, C. Clerk Date 10// 01
917
Special Requirements:
COMMISSION/ COMMITTEE APPLICATION
RECEIVED
Applying for: SJC Mosquito & Vector Control District
2024
Youth
CITY CLERK
Advisory Commission: Must be a Lathrop resident between 13 to 18 years of age to serve on this commission.
Senior Advisory Commission: Must be a Lathrop resident 50 years of age or over to serve on this commission.
Planning, Parks & Recreation Commissions, and Measure C Oversight Committee: Must be a Lathrop resident to serve on this commission.
PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION:
Name: Susan Zaca
Address: City: Lathrop Zip: 95330
Telephone ( home) - Telephone ( work)
Telephone ( cell) Telephone ( other) -_
Email: Resident of the City of Lathrop: 4
years
Do you have Transportation to attend the Commission meetings and Functions? Yes® No0 Background Information:
Are you related to a current City Employee? No
If yes, give name and relationship
Employment/ Volunteer Information:
Kaiser Permanente
Organization
Oakland/ Work from home
Location
2019 -Current
Date
Product Manager
Position( s)
Responsibilities/ accomplishments: Product Manager in their National Product Design and Managem% headquarters). Responsible for the planning, development, and implementation of their national b River Islands, LLC. June 2024 ( 2 year term)
Organization Date
Lathrop, CA Community Advistory Boar
Location Position( s)
Responsibilities/ accomplishments: Provide feedback on future plans of River Islands. 918
Community Activities that you have been involved with ( tcel free to attach additional pages) Afghan -American Community Board Member
Name ofOrganization Position/ Responsibilities
2017-018
Dates _.__.---
Name ofOrganization Position/ Responsibilities/ Accomplishments Dates Special Awards or Recognitions you have received: —
Educational Information:
University of California, Berkeley Master Business Administra 2023 Educational Institution Degree/ Diploma Field Year
University of Califomia, Berkeley Bachelor of Art City Planning 2013 Educational Institution Degree/ Diploma Field Year
Additional Information ( Please provide any other information which you feel would be useful to the City Council in reviewing you application.)
Although I have lived in Lathrop for four years, 1 grew up in Manteca. Since returning to the Central Valley, I've been looking for opportunities to give back to the community that has given so much to me. After researching the SJC Mosquito & Vector Control District and familiarizing myself with its mission and goals, I believe I would be able to provide a unique perspective to an already accomplished board.
Please sign and date you application and submit to the Office ofthe City Clerk at the address below.. 9/ 6/ 24
Signature Date
Parent/ Guardian Signature ( Required for Youth Advisory Candidates only) City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
919
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