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CONTINUED - REQUEST FOR A RECOMMENDATION OF 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
Staff recommends the Planning Commission adopt the following:
1. A Resolution that the Planning Commission recommend approval of the Addendum to the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283); and
2. A Resolution that the Planning Commission recommend the City Council adopt an Ordinance for the Prezoning of APNs 179-220-14; -15; and -26 to Industrial, Limited (IL), a Zoning Request for APN 179-220-25, and an Amendment to the Development Agreement for the Mariposa Industrial Park.
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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.
Three (3) of the four (4) parcels are currently located within the County of San Joaquin so the application request is for both a prezoning to Industrial, Limited and annexation. The remaining parcel is currently within the City limits however does not have zoning assigned, so zoning to Industrial, Limited is requested.
To develop the project, the Planning Commission is being asked to recommend approval to the City Council for an addendum to the recently approved Environmental Impact Report (EIR) for the Mariposa Industrial Park (SCH #2020120283). Additionally, the Planning Commission is asked to recommend approval to the City Council to adopt an Ordinance for the prezoning of the associated (3) parcels, zoning for the unzoned parcel and for 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).
DISCUSSION
Background
On December 6, 2022, the Mariposa Industrial Park Project was approved by the City Council and included 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.
The proposed 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 associated zoning. (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 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 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) parcels of this entitlement package 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. 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 annexation 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 the site to Industrial, Limited (IL) that 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 Planning Commission is asked to consider approving a Resolution recommending to City Council the approval of an Addendum to the Environmental Impact Report, an Ordinance for Prezoning and Zoning, and a Development Agreement Amendment. 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 original 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 zoning of 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) added 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 issues such as maximum building height up to 100 feet, infrastructure construction, payment of applicable fees, and similar issues. The proposed ordinance for the DA amendment is included as Exhibit 2 to the resolution, and the Draft DA amendment is included as Exhibit 2a to the resolution.
Development Permits
As of the writing of this staff report, the western portion of the Mariposa Industrial Park site has an approved development for an industrial warehouse facility. There are no subsequent applications made for physical development of the site beyond the western portion of the site. When an application is made to develop the remainder of the Mariposa Industrial Park site, it would be required to adhere to the conditions of approval and mitigation and monitoring reporting plan adopted by the City Council, as well as a comprehensive review and approval through Site Plan Review and Design Review.
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” it through a Zoning Map Amendment. The project, therefore, includes a request to Prezone the site to Industrial, Limited (IL) to match the existing surrounding zoning, and is included as Exhibit 1A to the resolution.
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. 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 Prezone and Zoning actions.
Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment would become effective and applicable.
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). Pending approval and recommendation of the items before the Planning Commission, the City Council will consider the Annexation and Prezone actions at a future public hearing. If approved by City Council, the City Manager would be authorized to file an annexation application with the LAFCo.
Public Comments
On August 8, 2024, the Planning Commission was scheduled to hold a public hearing on this project. At the meeting, City staff requested, and the Planning Commission approved a continuation of this agenda item to the August 22, 2024 Planning Commission Meeting date. Since this item was continued to a date certain, no further public noticing was conducted.
Notice for the Planning Commission public hearing for this request was published in The Record on July 29, 2024, and mailed notice was sent to all property owners within a 300-foot radius at least ten days prior to this meeting. As of the writing of this staff report, no written comments have been submitted.
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Mariposa Industrial Park Project Area
This staff report was prepared by Nicole D. Moore, Planning Consultant, (209) 227-3138; Nicole.Moore.CTR@stocktonca.gov.