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REQUEST FOR APPROVAL OF AN ADDENDUM TO AN APPROVED ENVIRONMENTAL IMPACT REPORT, PREZONING, ZONING AND DEVELOPMENT AGREEMENT AMENDMENT FOR FOUR PARCELS TO BE INCLUDED INTO THE MARIPOSA INDUSTRIAL PARK DEVELOPMENT AT 5252, 5262 AND 5276 EAST MARIPOSA ROAD (APNS 179-220-14; -15; -25; -26) (APPLICATION NO. P24-0104)
recommended action
RECOMMENDATION
It is recommended that City Council:
1. Adopt a Resolution approving an Addendum to the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283); and
2. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and
3. Adopt an Ordinance for the Prezoning of APNs 179-220-14; -15; and -26 to Industrial, Limited (IL); and to designate Industrial, Limited (IL) Zoning for APN 179-220-25; and
4. Adopt an Ordinance for a Development Agreement Amendment; and
5. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the approved resolutions and ordinances.
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Summary
Greenlaw Partners, LLC, proposes to include four (4) additional parcels into the Mariposa Industrial Park project area totaling approximately 7.6-acres located east of State Highway Route 99 on the south side of Mariposa Road. The proposed incorporation of the lands into the Mariposa Industrial Park project will essentially “square off” the boundary of the site making future development more efficient. Since the Mariposa Industrial Park has a Development Agreement, an amendment is requested to include the four (4) parcels in the Agreement.
Annexation and prezoning is requested for three (3) of the four (4) parcels that are currently located within the County of San Joaquin. The remaining parcel is presently within the Stockton City limits however, does not have assigned zoning.
To develop the project, the City Council is being asked to approve an Addendum to the previously certified Environmental Impact Report (EIR) for the Mariposa Industrial Park (SCH #2020120283). Additionally, the City Council is asked to adopt an Ordinance for the prezoning of the associated three (3) parcels to Industrial, Limited (IL); and designate Industrial, Limited (IL) zoning for the one unzoned parcel; and approve an amendment to the Development Agreement to incorporate the new parcels.
The project is consistent with the 2040 General Plan Land Use Map designation of Industrial applicable to the site. The project also furthers General Plan policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and state (Goal LU-4), attracting employment and tax-generating businesses in the city (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2). On August 22, 2024, the Planning Commission held a public hearing to consider the application request and approved a recommendation to the City Council for approval.
DISCUSSION
Background
On December 6, 2022, the Mariposa Industrial Park Project was approved by the City Council and included certification of an Environmental Impact Report, an Ordinance for Prezoning and a Development Agreement, Annexation and Settlement Agreements with the Sierra Club and State Attorney General. On April 13, 2023, the project site was incorporated into the City of Stockton limits based on approval by the San Joaquin Local Agency Formation Commission.
The current requested project consists of four (4) legal parcels identified as Assessor’s Parcel Numbers 179-220-14; -15; -25 and -26 which are located south of Mariposa Road. Three parcels, APNs 172-220-14; -15-; 26 are currently within the jurisdiction of the County of San Joaquin. The remaining parcel, APN 179-220-25, is within the City of Stockton City Limits but does not have assigned zoning because the San Joaquin Local Agency Formation Commission (LAFCo) elected to include this parcel in the prior Mariposa Industrial Park Project annexation which was not prezoned by the City (Attachment A - Location Map and Aerial Photo).
The parcels are bound to the:
• North by rural residential homes and across Mariposa Road by industrial development located in the County of San Joaquin; and
• South, East and West by fallow agricultural lands presently undeveloped. To the south and east are lands approved for development in the Mariposa Industrial Park. To the west includes lands currently in review for entitlement for the expansion of the Mariposa Industrial Park.
APN 179-220-25 is currently vacant within the City of Stockton jurisdiction and located adjacent to Mariposa Road.
APNs 179-220-14 and -15 contain two (2) single-family homes that Greenlaw was not in possession of during the initial entitlement process for the Mariposa Industrial Park and therefore were not included. Greenlaw now has ownership of these parcels.
APN 179-220-26 is a twenty-foot (20’) access road that serves the two (2) single-family parcels. Greenlaw also has ownership of this access road.
The 2040 General Plan Land Use Map designates the subject 4 parcels as Industrial (Attachment B - General Plan Land Use Map). Since the subject properties do not presently have City zoning, you will see in Attachment C - Zoning Map that there is no zoning shown, however, the surrounding properties in the City limits are zoned IL (Industrial Limited).
Project Description
Greenlaw Partners, LLC, has applied for all required entitlements to include the four (4) additional parcels in the Mariposa Industrial Park project area (Attachment D - Mariposa Industrial Park Project Area). The proposed inclusion of these parcels would enable the future development of industrial warehouse buildings on a site that is more amenable to development with linear boundaries instead of having property lines meandering into the site.
The four (4) parcels total approximately 7.6-acres and would be incorporated into the existing Mariposa Industrial Park project area. The Mariposa Industrial Park has an approved Environmental Impact Report and associated entitlements that enable up to a maximum of 3.6 million square feet of warehouse industrial uses on the site. Development of the Mariposa Industrial Park is subject to numerous requirements embodied in the approved Development Agreement and certified EIR for the project, which includes a Mitigation and Monitoring Reporting Program (MMRP). The current request for inclusion of these parcels into the Mariposa Industrial Park does not propose to change the maximum allowable building development on the overall site, including building locations and square footage. Further, this would not result in additional traffic generation, and other environmental impacts would not change as a result of the Project.
Future proposed industrial uses within the larger Mariposa Industrial Park Project would be required to be consistent with the existing General Plan designation of Industrial and proposed pre-zoning of Industrial, Limited (IL) which may have further restrictions on allowable land uses per SMC Section 16.20.020 (Allowable Land Uses and Permit Requirements).
STAFF ANALYSIS
To develop the Project, the City Council is asked to consider approving a Resolution for the approval of an Addendum to the Certified Environmental Impact Report, an Ordinance for Prezoning and designation of Zoning, a Development Agreement Amendment, and authorize the filing of an annexation application with LAFCo. Each request and staff’s analysis are provided below.
Environmental Clearance
In 2023, an Environmental Impact Report (EIR) was certified by the City Council (SCH # 2020120283), for the Mariposa Industrial Park Project. As the proposed Project amends a portion of the project area contained in the original EIR by the addition of these lands, an addendum to the certified EIR was prepared in accordance with the California Environmental Quality Act (CEQA) State Guidelines Section 15164 (Proposed Resolution EIR Addendum - Exhibit 1).
The addendum analyzes the annexation and prezoning of APNs 179-220-14, -15 -26, as well as the designation of zoning for APN 179-220-25, and concludes that the proposal does not result in substantial changes or create new significant environmental effects beyond what was anticipated in the original EIR. Therefore, no further environmental analysis is required pursuant to Section 15164 (Addendum to an EIR or Negative Declarations) or Title 14 of the California Code of Regulations (State CEQA Guidelines). All existing mitigation measures will be implemented for future development of the Project site.
Development Agreement Amendment
An amendment to the existing approved Development Agreement (DA) is being requested that will incorporate the four (4) subject parcels. There are no additional changes being made to the DA.
The existing DA identifies a range of developer and City obligations and responsibilities for how the Project development may occur in the coming years. The DA addresses allowances for exceeding the maximum 60-foot building height, infrastructure construction, payment of applicable fees, and similar issues.
The proposed DA amendment is included as Exhibit 1 to the proposed ordinance and as Attachment E - Development Agreement Amendment.
Prezoning and Zoning
Three of the parcels (APNs 179-220-14; -15; and -26) are located within the County of San Joaquin. Annexation must occur and be preceded by “Prezoning” through a Zoning Map Amendment. The project, therefore, includes a request to Prezone the three parcels to Industrial, Limited (IL) to match the existing surrounding zoning, and is included as Exhibit 1 to the proposed ordinance.
The remaining parcel (APN 179-220-25) is currently located within the City of Stockton limits and was annexed as part of the original entitlements for the Mariposa Industrial Park Project through the San Joaquin Local Agency Formation Commission (LAFCo) process. This parcel was not included as part of the City’s entitlement process as it was not considered in the Environmental Impact Report or Project Description. However, LAFCo has independent discretion and included it in their environmental review and subsequently included this parcel with the annexation for the Mariposa Industrial Park. As a result, this parcel does not have zoning associated with it and must be zoned.
The 2040 General Plan Land Use Map designates the project site as Industrial. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the IL Zone is compatible with the Industrial General Plan Land Use Map designation of Industrial. As reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Prezoning and designation of Zoning actions.
Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment for Prezoning would become effective and applicable. The designation of zoning for Parcel 179-220-25 would become effective within 30 days from Council’s approval since this is already in the City limits.
Annexation
There are three parcels (APNs 179-220-14; -15; -26) that are presently located within the jurisdiction of San Joaquin County, while the remaining parcel (APN 179-220-25) is currently located within the City of Stockton and does not require annexation.
The applicant has requested annexation of the three (3) additional parcels into the City of Stockton. Pursuant to SMC Section 16.212.050(C)(1), the City Council is the Review Authority for annexation requests upon recommendation from the Development Review Committee (DRC). On September 5, 2024, the Development Review Committee (DRC) recommended approval of the requested annexation.
If approved by City Council, the City Manager would be authorized to file an annexation application with the LAFCo.
Memorandum of Understanding & Settlement Agreement
A Memorandum of Understanding (MOU) was approved for the Mariposa Industrial Park project (P20-0805) that identified a range of City obligations and responsibilities that have been negotiated and agreed upon between the City and the Department of Justice Attorney General’s Office. This document is not affected by this application.
Additionally, a Settlement Agreement was approved for the Mariposa Industrial Park project (P20-0805) that identified additional City and Developer obligation, such as adoption of a comprehensive Warehouse Ordinance and enhanced mitigation measures for the project. This document is also not affected by this application.
Municipal Service Review
The General Plan illustrates the City’s anticipated 20-year growth within the approved planning boundaries. State law requires the City to prepare a Sphere of Influence and Municipal Service Review (SOI/MSR) report to assess services (fire, police, schools, utilities, etc.) for the anticipated General Plan growth. The SOI/MSR includes a section highlighting the City’s anticipated 10-year growth through pending project approvals and areas of interest. The proposed annexation was anticipated in the SOI/MSR 10-year Planning Horizon as shown in Attachment F. Detachment of Rural Fire Services is also a requirement and is shown in Exhibit 2 to the Annexation Resolution.
PUBLIC COMMENT
Planning Commission
On August 22, 2024, the Stockton Planning Commission held a public hearing to consider the project. One member of the public provided comments and was opposed to the Project. Following the hearing, the Planning Commission approved a recommendation that the City Council approve the proposed Project, by a vote of 4-0 (Commissioner Vielma abstained and Commissioners Thompson and Boparai absent); see Attachment G - Planning Commission Resolution.
Public Notice
In advance of the City Council public hearing, on September 6, 2024, notice for the City Council public hearing for this request was published in The Record and mailed notice was sent to all property owners within a 300-foot radius, interested parties, and local agencies, at least ten (10) days prior. As of the writing of this staff report, no written comments have been submitted.
FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. The previously Mariposa Industrial Park project has an approved City Services Plan, in which it was determined that the overall project will result in a positive effect on the City that will cover expenses associated with new or expanded public facilities and services as a result of the collection of one-time utility connection and Public Facilities Fees (PFF) estimated at $5,997,979. Other plan check and permit fees will be generated based on construction valuation.
Lastly, the approved Development Agreement requires the formation of a Community Facilities District (CFD) which will provide funding from the development for the construction, staffing, equipment, and maintenance for a fire station to serve the Mariposa Industrial Park area. The estimated cost of the station is $10 million with $3 million in ongoing annual staffing, equipment, and maintenance costs. This Project will be required to annex into the CFD.
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Mariposa Industrial Park Project Area
Attachment E - Development Agreement Amendment
Attachment F - MSR/10-Year Horizon Graphic
Attachment G - Planning Commission Resolution