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CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF THE VESTING TENTATIVE MAPS FOR THE INDUSTRIAL SUBDIVISION LOCATED NORTH OF ARCH ROAD AND SOUTHWEST OF MARIPOSA ROAD
recommended action
RECOMMENDATION
It is recommended that the Planning Commission certify the Final Environmental Impact Report and approve the Vesting Tentative Maps (Tract 3732 and Tract 3733) for the industrial subdivision located north of Arch Road and southwest of Mariposa Road.
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Summary
Arch Road Limited Partnership, LLC (Applicant) proposes to subdivide approximately 325 acres of property for industrial development. Vesting Tentative Map Tract 3732 would subdivide a 50-acre parcel into six new developable lots. Vesting Tentative Map Tract 3733 would subdivide 275 acres into 15 new developable lots. A Final Environmental Impact Report has been prepared for the project.
DISCUSSION
Background
The project site contains approximately 325 acres, consisting of two non-adjacent properties - a 50-acre property at the southern end of the project site adjacent to Arch Road and a 275-acre property at the northerly end of the project site adjacent to Mariposa Road (Attachment A - Vicinity Map). The project site is currently unimproved and consists of fallow grassy fields and includes portions of North Littlejohns Creek and Weber Slough, both of which run east to west through the site. The project site was annexed into the City limits as part of a larger annexation in June of 1989.
The entire project site has a General Plan Land Use Designation of Industrial and is zoned Industrial, Limited (IL). The project site is bound to the:
• north by agricultural land uses located within the jurisdiction of San Joaquin County;
• south across Arch Road by vacant land within the City limits and zoned IL and the State correctional facility located within the jurisdiction of San Joaquin County;
• west by industrial uses located in the City limits and northwest by rural residential land uses located within the jurisdiction of San Joaquin County; and
• east by agricultural land uses and the Burlington Northern and Santa Fe Intermodal Facility located within the jurisdiction of San Joaquin County.
The IL zoning district is intended for light manufacturing and warehouse uses that may generate more nuisance impacts than acceptable in commercial zoning districts. The majority of allowed uses in the IL zoning district are “permitted”, meaning there are no further discretionary approvals necessary to develop the property, other than obtaining ministerial building permits. As an example, building permits could be obtained to construct speculative warehouse buildings on the project site and there would be no discretionary planning approvals necessary for this to occur.
Since the Applicant is requesting vesting tentative maps for subdivision of the project site, discretionary planning approvals become necessary. The City’s Subdivision Ordinance (Stockton Municipal Code (SMC), Division 6, Subdivision Regulations), provides the basis for the City’s processing and consideration of tentative maps for property subdivision.
The provisions of the City’s ordinance are intended to supplement and implement the State’s overarching body of law commonly known as the “Subdivision Map Act” or simply “Map Act.” (Government Code Section 66410, et seq.) Division 6 identifies the Planning Commission as the Review Authority for property subdivisions of five or more parcels, whereas, the Community Development Director is the Review Authority for property subdivisions of four or fewer parcels.
Project Description
The applicant proposes two distinct subdivisions. Vesting Tentative Map (VTM) Tract 3732 would subdivide a 50-acre parcel into six new developable lots, ranging in size from 5 to 11 acres (Attachment B - Vesting Tentative Map 3732). VTM Tract 3733 would subdivide a 275-acre parcel into 15 new developable lots, ranging in size from 5 to 33 acres (Attachment C - Vesting Tentative Map 3733). The combined site would ultimately yield up to 6,280,480 square feet of light industrial building area.
The applicant proposes “vesting” tentative maps instead of basic tentative maps. The “vesting” designation is established by the Subdivision Map Act (Government Code 66498.1) and SMC Section 16.188.080 established a procedure to implement the vesting tentative map requirements of the Map Act.
A vesting tentative map provides greater statutory protection for subdividers because it entitles the subdivider to proceed with the development under the ordinances, policies, and standards described in the Government Code or under those in effect on the date the tentative map is approved or conditionally approved (Government Code 66498.1(b).) A vesting tentative map does not preclude a local agency from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards referred to in Section 66498.1(b).
SMC 16.188.080.E.1 states, “The approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development of the subdivided parcels in substantial compliance with the ordinances, policies, and standards (excluding fees) as identified in the Map Act”.
Following approval of the vesting tentative map, the applicant would submit a series of phased Final Maps that would demonstrate compliance with the Conditions of the Vesting Tentative Map approval.
ENVIRONMENTAL REVIEW
On October 31, 2012, the City distributed a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the proposed project. The NOP was distributed for a 30-day comment period that ended December 3, 2012. Comments on the NOP were considered in the preparation of the Draft Environmental Impact Report (DEIR). The DEIR was distributed to various public agencies, citizen groups and interested individuals for a 45-day public review period that began on September 8, 2014 and ended on October 23, 2014 (Attachment D - Draft Environmental Impact Report).
A Final Environmental Impact Report (FEIR), dated February 2015, was subsequently prepared and incorporates the DEIR by reference. The FEIR provides a summary of the DEIR, addresses comments received during the public review period, and includes a Mitigation Monitoring and Reporting Plan (Attachment E - Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan).
Pursuant to the CEQA Guidelines (Section 15093), a Statement of Overriding Considerations has been prepared. Though mitigation measures are identified in the FEIR to reduce project impacts to less than significant levels, there remain several significant and unavoidable impacts (Attachment F - CEQA Findings and Statement of Overriding Considerations). These impacts may only be resolved through the adoption of the Statement of Overriding Considerations. A Statement of Overriding Consideration is the mechanism required by CEQA to resolve environmental impacts that cannot be adequately mitigated through all reasonable means. This Statement essentially proclaims that the broader benefit of the project outweighs its environmental impacts.
The two proposed vesting tentative maps satisfy all requirements of the Stockton Municipal Code and the required affirmative findings for approval are provided (Attachment G - Findings for Approval). As such, staff recommends that the Planning Commission approve both vesting tentative maps as conditioned (Attachment H - Conditions of Approval).
VOTING REQUIREMENTS
A vote of a majority four (4) of the total authorized membership of the Planning Commission is required for the Commission to take an action on this matter. The Environmental Impact Report must be certified prior to approval of the Vesting Tentative Maps.
Attachment A - Vicinity Map
Attachment B - Vesting Tentative Map 3732
Attachment C - Vesting Tentative Map 3733
Attachment D - Draft Environmental Impact Report
Attachment E - Final Environmental Impact Report and Mitigation Monitoring and Reporting Plan
Attachment F - CEQA Findings and Statement of Overriding Considerations
Attachment G - Findings for Approval
Attachment H - Conditions of Approval