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CONTINUED - MITIGATED NEGATIVE DECLARATION, PREZONING AND DESIGN REVIEW REQUEST FOR A PROPOSED INDUSTRIAL DEVELOPMENT AT 6505 SOUTH MCKINLEY AVENUE (APN 193-020-34) (APPLICATION NO. P23-0125)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission :
1. Adopt a Resolution recommending the City Council adopt a Mitigated Negative Declaration for the Project; and
2. Adopt a Resolution:
a. Recommending the City Council adopt an Ordinance for the Prezoning of APN 193-020-34 to Industrial, Limited (IL); and
b. Approving Design Review for the Project.
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Summary
The Applicant, GO Industrial, proposes to develop industrial uses on a legal parcel totaling approximately 9.84-acres located west of South McKinley Avenue and south of Arch Airport Road (project). The proposed project intends to develop the site with one 181,166 square foot building, parking lot areas, landscaping, lighting, drainage facilities, with loading and service areas.
The proposed project site area is currently located within unincorporated San Joaquin County and includes an annexation request for the project site area. The project site is currently vacant with fallow agricultural lands; historically the site has been used for agricultural purposes.
To develop the project, three (3) actions are being requested of the Planning Commission:
1. Approve the Design Review;
2. Consider forwarding a recommendation to City Council to adopt a Mitigated Negative Declaration (MND); and
3. Consider forwarding a recommendation to City Council to adopt an Ordinance Prezoning the project site.
An MND was prepared for the project in compliance with the California Environmental Quality Act (CEQA). The MND is intended by CEQA to be an informational document (CEQA Guidelines Section 15071). Decision-making on the project in relation to MND’s is reserved to the Lead Agency and any Responsible Agencies. Consequently, information in the MND does not limit the Lead Agency's ultimate discretion on the project, but as noted the Lead Agency must address each significant effect identified in the MND before they approve the project, or portions of the project (CEQA Guidelines Section 15072).
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 March 27th, the Planning Commission held a public hearing and heard a presentation by City Staff and received public comments and closed the public hearing. The Planning Commissioners deliberated and directed staff to prepare two new Conditions of Approval that require 1) installing a double row of trees along the south property line to provide a greater buffer between residential uses, and 2) restricting truck idling on site to a maximum of three minutes with posted signage stating such. The meeting was continued to April 10th to allow staff to prepare the requested conditions for the Planning Commission’s consideration with the applicant being present. The directed Conditions of Approval are items 20 and 21 in the Proposed Resolution. Staff recommends the Planning Commission approve the Project including Design Review request and forward recommendations to the City Council for adoption of the Mitigated Negative Declaration and Prezoning of the site.
DISCUSSION
Background
The subject site consists of one (1) legal parcel identified as Assessor’s Parcel Number 193-020-34 and is located at 6505 South McKinley Avenue, presently within the jurisdiction of the County of San Joaquin with a zoning of Industrial-Limited (Attachment A - Location Map and Aerial Photo).
The site is bounded to the:
• North by lands zoned for and developed with Industrial uses in the City of Stockton; and
• South by lands zoned Industrial-Limited and developed with Industrial uses and Residential-Medium zoning with residential uses in the County of San Joaquin; and
• East by right-of-way and lands zoned and developed with Industrial uses in the City of Stockton; and
• West by vacant lands within the County of San Joaquin zoned Industrial-Limited.
As the project site abuts the incorporated limits of the City of Stockton, there is no City Zoning Map designation currently assigned to it. Zoning Map designations for properties located in the City and referenced above are identified by Attachment B - Zoning Map. The 2040 General Plan Land Use Map designates the subject site as Industrial (Attachment C - General Plan Land Use Map).
Project Description
GO Industrial has applied for all required entitlements to develop the project (Attachment D - Project Plans). The subject parcel is in the unincorporated County, abutting the City of Stockton city limits. The proposed project would develop an industrial warehouse building.
The project totals approximately 9.84-acres with one (1) proposed industrial warehouse building with a maximum square footage of 184,166 square feet in floor area, along with parking areas, vehicular access, and storm drainage detention areas. Based on the proposed conceptual plan, the project proposes a maximum of 151 parking stalls distributed throughout the project site and an additional 42 stalls for trucks and trailers.
Access to the proposed project would be from two driveways proposed along the project frontage of South McKinley Avenue. The northernmost of the two driveways is located closest to the future office space and would provide the main access to the project site. Utility service for the project site, including sewer and water would be provided by the City of Stockton from existing trunk lines adjacent to the site (water) and at Arch Airport Road (sewer). The project would have an onsite storm drainage system, including collection lines and a detention basis around the site. Runoff collected in the detention basins would be metered into French Camp Slough when capacity is available in the creek. Regulated electrical, gas, and communication utilities would be extended to the project site from existing facilities in the area.
Development of the project site with warehouse and industrial uses is considered a “Permitted” use under the proposed Industrial, Limited (IL) pre-zoning and would not require additional discretionary actions. Upon approval, only City of Stockton building permit approvals would remain for development of the site and construction of the building.
Provision of utility services to the project will require off-site improvements. These improvements will be subject to the review and approval of the City Municipal Utilities and Public Works departments and a review of their consistency with adopted wastewater, water, and storm water master plans.
Future proposed industrial uses 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) and may have further restrictions on allowable land uses per SMC 16.20.020 (Allowable Land Uses and Permit Requirements).
STAFF ANALYSIS
To develop the project, the Planning Commission is requested to approve the Design Review and consider forwarding a recommendation to City Council to adopt an Initial Study and Mitigated Negative Declaration (MND) and a Prezoning request.
Environmental Clearance
An Initial Study and Mitigated Negative Declaration has been prepared for the project, in accordance with the California Environmental Quality Act (CEQA). Sections 15070 through 15075 of the CEQA Guidelines outline procedures for decision making by the Lead Agency (the City of Stockton) when an MND has been prepared. A Notice of Preparation was published for agency and public review during a 30-day period starting on August 30, 2024. Comments received were then considered in the preparation of the final MND included as Exhibit 1 to the proposed resolution.
Prior to approving a project, the decision-making body of the lead agency shall consider the proposed mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis.
The MND is intended by CEQA to be an informational document (CEQA Guidelines Section 15071). Decision-making on the project in relation to the MND’s is reserved to the Lead Agency and any Responsible Agencies. Consequently, information in the MND does not limit the Lead Agency's ultimate discretion on the project, but as noted the Lead Agency must address each significant effect identified in the MND before they approve the project, or portions of the project (CEQA Guidelines Section 15072).
The MND identified potentially significant effects under several topic areas, many of which are discussed below:
• Biological Resources: Although no biological resources have been identified on-site, potentially suitable habitat for special status species is present on the site and would be impacted by proposed development. Mitigation is identified to ensure no such resources are significantly impacted by development of the vacant site. The applicant has agreed to participate in the San Joaquin Multi Species Habitat Conservation and Open Space Plan (SJMSCP). Compliance with the SJMSCP ensures potentially significant effects to biological resources are reduced a less than significant level. Additionally, trees will also be removed outside of bird nesting seasons or, if within the nesting season, a biologist will complete a survey to ensure no protected migratory bird nests are present. Development would affect wetlands along French Camp Slough, but these impacts would be mitigated through existing permitting processes. The project may involve removal of Heritage Oak Trees, which will be mitigated through the City’s Heritage Tree Permit process (SMC 16.130).
• Cultural Resources/Tribal Cultural Resources: No archaeological or historical resources were identified on the site, but there is potential for discovery of buried cultural resources, including those related to Native Americans. If cultural resources or human remains are accidentally uncovered, all work will cease until their significance is evaluated and treated in conformance with CEQA Guidelines.
• Geology and Soils: There are no active or potentially active faults or other geologic hazards within or near the Project site. Construction activities on site have the potential to loosen the soil, leaving it exposed to wind and water erosion, however a Project at the site would be required to obtain a permit from the City of Stockton which will have conditions that will reduce soil erosion impacts. Additionally, if any paleontological resources are encountered during construction, all construction activities within a 50’ radius of the encounter shall be immediately halted until a qualified paleontologist can evaluate them and follow the protocol set forth in the Mitigation Measures.
• Greenhouse Gas Emissions: There are potentially significant impacts related to greenhouse gas emissions for the Project, as identified in the MND, which can be mitigated by implementing Air Quality Improvement Measures, such as compliance with applicable State and San Joaquin Valley Air Pollution Control District rules and regulations.
• Transportation: The project would involve significant effects on Vehicle Miles Traveled (VMT) and would require certain roadway improvements to maintain City Level of Service Standards. Mitigation measures would partially mitigate, but not eliminate, VMT impacts. Recommended transportation improvements would address Level of Service deficiencies.
By the conclusion of the public review period, four (4) comment letters were received by the City. After the close of the review period, the Golden State Environmental Justice Alliance rescinded their comment letter. Pursuant to CEQA Guidelines Section 15073, all substantive comments are provided responses in the MND. None of the comments received required any changes to the impact analysis or additional mitigation measures than those already identified in the MND.
Prezoning
Since the project site is presently 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 for Prezoning the site to Industrial, Limited (IL) Zone (Attachment E - Prezoning Description).
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 action.
Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment would become effective and applicable.
Development Permits
The Project also includes an application for physical development of the site which was evaluated in the MND. The development project will adhere to the conditions of approval and mitigation and monitoring reporting plan adopted by the City Council, as well as the review and approval of Design Review.
Design Review
SMC Section 16.120.020(A)(3) requires prior Design Review approval for all new industrial buildings. The merits of Design Review requests are weighed against their ability to conform to the Citywide Design Guidelines. For this project, Section 5.02 (Industrial and Warehouse Design Guidelines) provides the relevant reference point for the City’s expectations for quality development. The Project design was reviewed for consistency and conformity with the Design Guidelines and was recommended by the Architectural Review Committee (ARC) for approval.
The Project is designed using concrete tilt-up walls in muted tones of grays and whites with accentuated entry designs that maximize glazing at prominent corners of the building. The trash enclosure and dock screen wall are constructed using CMU blocks. The proposed design is consistent with other similar industrial structures in the surrounding area.
Annexation
As the project site is presently located within the jurisdiction of San Joaquin County, the applicant has requested annexation of the project site 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). The DRC reviewed the application on January 21, 2025, and recommended approval to the City Council.
Pending an approval recommendation of the Prezoning by the Planning Commission, the City Council will consider the Annexation and Prezoning actions at a future public hearing. If approved by City Council, the City Manager would be authorized to file an annexation application with the San Joaquin Local Agency Formation Commission (LAFCo).
Public Comments
As the Project was required to prepare an MND, there was a required public outreach effort during the CEQA process. A Notice of Intent (NOI) was distributed to the public for review and comment on August 30, 2024. This initial noticing period ran 30 days ending September 30, 3024. The City also extended the NOI an additional 30 days to October 20, 2024. The City received four (4) comment letters from interested parties during that process, one (1) of which was later rescinded by the Golden State Environmental Justice Alliance.
The MND has been prepared pursuant to the requirements of CEQA and the CEQA Guidelines, which culminates the public review process of the environmental document, and includes all correspondence received to date as well as the Notice of Intent posted at the San Joaquin County Clerk’s office, and other material related to the public review of the MND.
Notice for the Planning Commission public hearing for this request was published in The Record on March 17, 2025, and mailed notice was sent to all property owners within a 300-foot radius at least ten days prior to this meeting.
At the March 17, 2025, Planning Commission hearing, the Planning Commission had several questions regarding the Project and its proposed mitigation measures. As this Project isn’t subject to the City’s adopted warehouse ordinance, nor is it subject to Assembly Bill 98 (AB 98), the Commission considered the proposed Project and information provided and requested that additional mitigation measures be added to bring the Project closer in line with other projects subject to the warehouse ordinance and AB 98.
The Planning Commission included mitigation measures specific to protecting sensitive receptors (residential) be added via a double row of 15-gallon trees to be incorporated as a Condition of Approval. This row of trees shall be added along any shared property line with parcels having a residential General Plan designation. Additionally, the need for limiting truck idling and additional site signage to limit truck idling was discussed and included as a Condition of Approval.
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 - Conceptual Project Plans
Attachment E - Prezoning Description
This staff report was prepared by Nicole D. Moore, Planning Consultant, (209) 937-8266; Nicole.Moore.CTR@stocktonca.gov.