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.
CITY MANAGERS REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
AMENDMENT TO CUP -23- 08
PAGE 2
In addition, the Conditions of Approval for the project will remain in full force and no additional modifications are proposed other than the items listed above.
The applicant' srequest letter dated September 5, 2024 is attached to this Staff Report ( Attachment 3).
BACKGROUND:
The Ashley Furniture Project was approved by City Council on November 13, 2023.
The project includes the development of a 1, 486, 607sq. ft. concrete tilt -up building on an 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 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.
According to the applicant, the request to amend the Conditional Use Permit is due to uncertainties of the current economic conditions. Because of this, 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.
Currently, the project' s
Conditions of Approval specifically states " Ashley Furniture" as the only user of the building which can cause complications and concerns with financing and potential lenders. The modification to the CUP will provide the flexibility the applicant desires in order to address the current economic conditions.
ANALYSIS:
Amendment to Conditional Use Permit
The City' sGeneral Plan and Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment requires all development projects proposed between Dos Reis Road and De Lima Road to obtain a Conditional Use Permit ( CUP) subject to discretionary review by the Planning Commission and the City Council. The CUP approved by City Council in November 2023 ( CUP -23- 08) allowed Ashley Furniture to use the proposed building with the following uses:
Use Square Footage ( sq. ft.)
Office 24, 000
Retail Outlet 110, 260
Warehouse Distribution
Facility
1, 352,47
Total 1, 486, 607
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.
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.
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.
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.
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
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
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-
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-
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-
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-
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.
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).
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).
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
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.
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'' e
ter 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
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.
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.
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.
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
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.
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
ENVIRONMENTAL CHECKLIST
SUMMARY OF PROJECT REQUIREMENTS
Summary of CEQA Project Requirements for the Ashley Warehouse Project Requirement AG -1: Implement Lathrop Municipal Code Chapter 3. 40 AGRICULTURAL MITIGATION FEE Section 3. 40. 030 Collection of 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.
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.
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).
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)"
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
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