ITEM 5. 2
CITY MANAGER' S REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVE TIME EXTENSION REQUEST FOR THE
ASHLEY FURNITURE PROJECT
RECOMMENDATION: Adopt Resolution To Approve a Two ( 2) Year Time Extension Request for the Ashley Furniture Project
Conditional Use Permit No. CUP -23- 08 and Site Plan
Review No. SPR- 23- 09 (TE- 24- 175)
SUMMARY:
The Ashley Furniture Project Conditional Use Permit No. CUP - 23- 08 and Site Plan Review No. SPR- 23- 09 were 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 includes a 24, 000 sq. ft. office, a 110, 260 sq. ft. retail outlet and showroom and a 1, 352,47sq. ft. warehouse distribution center.
The applicant, Aaron Hodgdon, is requesting a two ( 2) year time extension to Conditional Use Permit No. CUP -23- 08 and Site Plan Review No. SPR- 23- 09. If approved, the listed project approval will expire on November 13, 2028.
The proposed time extension will not alter the planned development and required improvements for the project as originally approved, and the previously approved Conditions of Approval for the project will remain in full force.
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 includes 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.
ANALYSIS:
Pursuant to Section 17.12.00 of the Lathrop Municipal Code ( LMC), the City Council may establish a greater time limit for qualifying projects. The time limit may be extended by City Council for good cause such as proof of an unusual hardship not of applicant' s own making.
CITY MANAGERS REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
TIME EXTENSION NO. TE- 24- 175
PAGE 2
Due to the project size, the infrastructure required to support the development, off - site improvements, and market conditions, staff believes that the Ashley Furniture Project meets the intent of Section 17.12.00. In addition, the applicant has spent the last ten ( 10) months diligently working with City staff to prepare the update to the City' s Capital Facilities Fees ( CFF) for the Central Lathrop Specific Plan Phase 2 and the associated infrastructure studies for the development of the project.
Pursuant to Section 17.12.00, the time limits set by the City Council shall be reasonable, based on the size, nature and complexity of the proposed development.
As such, staff believes the request for a two ( 2) year time extension to November 13, 2028 is reasonable.
CEQA REVIEW:
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. 3and California Environmental Quality Act ( CEQA) Guidelines Section 15183. The proposed time extension falls within the scope of the Section 15183 Analysis ( Environmental Checklist) and as such, no further environmental review is required. The request for a time extension does not modify or alter the project ( e.g., size, intensity, off- street parking, etc.). As noted above, all of the project requirements and mitigations identified in the Environmental Checklist remain in full effect and are included in the project' soriginal Conditions 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.
CITY MANAGERS REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
TIME EXTENSION NO. TE- 24- 175
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 a two ( 2) year Time Extension request for the Ashley Furniture Project Conditional Use Permit No. CUP - 23- 08 and Site Plan Review No. SPR- 23- 09, subject to the original Conditions of Approval dated November 13, 2023.
FISCAL IMPACT:
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 approving a Time Extension request for the Ashley Furniture Project Conditional Use Permit No. CUP - 23- 08 and Site Plan Review No.
SPR- 23- 09
2. Time Extension Application dated November 7, 2024
CITY MANAGERS REPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
TIME EXTENSION NO. TE- 24- 175
APPROVALS:
David Niskanen
Contract Planner
Ric ' aguiat
Co munity Development Director
Salvador Navarrete
City Attorney
Steph . Salvatore
City Manager
PAGE 4
11/ 6/ 2- 0-. t
Date
1/- b
Date
Date
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE A TWO ( 2) YEAR TIME EXTENSION REQUEST FOR THE ASHLEY FURNITURE PROJECT CONDITIONAL USE PERMIT NO. CUP - 23- 08 AND SITE PLAN REVIEW NO. SPR- 23- 09 (TE- 24- 175)
WHEREAS, the City of Lathrop City Council held a duly noticed public meeting to consider the time extension request for the Ashley Furniture Project Conditional Use Permit No. CUP -23- 08 and Site Plan Review No. SPR- 23- 09 pursuant to the General Plan and Lathrop Municipal Code; and WHEREAS, on November 13, 2023, the City Council approved Resolution No. 23- 5422, to approve 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 request is for a two ( 2) year time extension to the previously approved Conditional Use Permit ( CUP -23- 08) and Site Plan Review ( SPR- 23- 09); and
WHEREAS, pursuant to Section 17.12.00 of the Lathrop Municipal Code LMC), the City Council may establish a greater time limit for qualifying projects.
The time limit may be extended by City Council for good cause, such as proof of an unusual hardship not of applicant' s own making. The time limits set by the City Council shall be reasonable, based on the site, nature and complexity of the proposed development; and
WHEREAS, on November 13, 2023, the City Council adopted Resolution No. 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 time extension falls within the scope of the Section 15183 Analysis ( Environmental Checklist) and as such, no further environmental review is necessary; and WHEREAS, proper notice regarding the time extension was given in all respects required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony to date.
Resolution No. 24-
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby make the following findings:
Section 1. On November 13, 2023, the City Council adopted Resolution No. 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 time extension falls within the scope of the Section 15183 Analysis ( Environmental Checklist) and as such, no further environmental review is necessary.
Section 2. The City Council finds that due to the project size, the infrastructure required to support the development, off -site improvements, and market conditions, the time extension request meets the intent of Section
17.12.00. In addition, the applicant has spent the last ten ( 10) months diligently working with the City to prepare the update to the City' s Capital Facilities Fees CFF) for the Central Lathrop Specific Plan Phase 2 and the associated infrastructure studies for the development of the project.
Section 3. Based on the findings set forth in this Resolution and the evidence in the Staff Report, the City Council hereby grants a two ( 2) year time extension to the Ashley Furniture Project Conditional Use Permit ( CUP - 23- 08) and Site Plan Review ( SPR- 23- 09), extending the approval to November 13, 2028, subject to the original Conditions of Approval, dated November 13, 2023.
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 Time Extension TE- 24- 175 subject to the original Conditions of Approval dated November 13, 2023, incorporated by reference herein.
Resolution No. 24-
The foregoing resolution was passed and adopted this 18th day of November 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-
ATTACHMENT
City of
Community Development Department
390 Towne Centre Dr. - Lathrop, CA 95330
Phone ( 209) 941- 7290 - Fax ( 209) 941- 7219
www. ci. lathrop. ca. us
TIME EXTENSION APPLICATION FORM
Application Number: 1"- e-- 7)-(--( 7 Receipt Number: Received By: C"__ — Application Date: u/ 1-/ Zcf Project Name: Project Planner: Q (y
THIS FORM TO BE COMPLETED BY THE APPLICANT PRIOR TO FILING & PRIOR
TO EXPIRATION OF YOUR EXISTING PERMITS
Owner' sName
Owner/ Applicant Information
DOS REIS RANCH, INC
Address 7000 S INLAND DRIVE
City/ State STOCKTON, CA Phone 290- 471-083 Fax
Applicant' s
Name AARON HODGDON
Address 1461 E COOLEY DR # 230
City/ State COLTON, CA Phone 909- 229-192 Fax
Business Name ( DBA) HODGDON MANAGEMENT CONSTRUCTION, INC Assessor' s Parcel Numbers ( APNs)
Property Information
192- 00- 14
Subject Site( s)NWC DOS REIS & MANTHEY ROAD; 141 S MANTHEY ROAD Existing Permit Information
Existing Permit Numbers CUP -23- 08 AND SPR- 23- 09
Date of Original Approval NOVEMBER 13, 2023
Expiration Date NOVEMBER 12, 2026
Basis for Request
Please state your reason for a time extension and the length of time requested ( up to one year may be approved):
Due to market and economic uncertainty which has delayed the original project from moving forward coupled with the project size, infrastructure required, preparation of plans, engineering, and budgeting, we request that the 3 -year time period from the original approved CUP be extended by a two (2) year time extension until November 13, 2028.
Time Extension Application
Updated: March 2008
2 Certifications and Signatures
1. Is the project site included on the "Hazardous Waste and Substance Sites List" or other similar list? NO
2. Is the proposal an application for a development permit as defined by State law? NO
If you' re not sure how to answer these questions, please ask a staff member for assistance) I, the undersigned, do hereby certify that I have read and understand the attached cover sheet() and that the facts and information contained in this application are true and correct, to the best of my knowledge.
2_a_C //r` 2, 4 UTLIVa
Signature of Applicant/ Agent Signature of Owner( s)*
AARON W. HODGDON Michael Robinson
Please print signed name here Please print signed name here 11/ 6/ 2024
11- 7- 24
Date Date
All property owners must sign or provide a signed Agent Authorization Form included in the application packet. ( If more space is needed for signatures, please attach additional sheets).
General Plan Designation
For Official Use Only
Zoning District
Application Fee Initial Study
Environmental Review Fee Development Committee
Notification Fee Concurrent Applications
Total Fees Public Hearing Dates
Referral Date Comments Due Date
State Clearinghouse Review
ime Extension Application
Updated: March 2008
3 Agent Authorization Form
DOS REIS RANCH, INC
the subject property for which the following application( s) have been submitted:
Application Name and Number( s): TIME EXTENSION APPLICATION is the owner of
The subject properties are located at:
NWC DOS REIS & MANTHEY ROAD; 141 S MANTHEY ROAD
APNs: 192- 00- 14
The Agent for this project is:
Name: AARON HODGDON; HODGDON MANAGEMENT CONSTRUCTION, INC Address: 1461 E COOLEY DR # 230, COLTON, CA 92324
Telephone: 909- 229-192
Fax Number:
Signatures of Owners:
Michael Robinson
Type or Print Name
Type or Print Name
Type or Print Name
Type or Print Name
Note: Owner of record should be as shown on the latest equalized rolls of San Joaquin County — an option to purchase does not constitute ownership. If ownership has recently been transferred, a copy of recorded deed or similar instrument must accompany this form. ime Extension Application
Updahid: March 2008