title
ENVISION STOCKTON 2040 GENERAL PLAN UPDATE, UTILITY MASTER PLAN SUPPLEMENTS, FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATIONS
recommended action
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve two resolutions to:
1. Certify the Envision Stockton 2040 General Plan Update Final Environmental Impact Report (FEIR) adopting the findings of fact, adopting a mitigation monitoring program, rejecting land use alternatives, and adopting a Statement of Overriding Considerations; and
2. Approve the Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements (UMPS).
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.
body
Summary
Adoption of the recommended resolutions will approve the Envision Stockton 2040 General Plan Update. In 2016, the City initiated Envision Stockton 2040 General Plan Update with a commitment to updating the General Plan in a sustainable manner. As a result of robust public engagement, staff received extensive input and guidance from the community. Community input was received from residents, stakeholders, the Planning Commission, and the City Council. In April 2017, the City Council provided guidance to adopt infill standards using a city core intensification alternative. This infill alternative (also referred to as Alternative “C”) has the smallest urban footprint of the three alternatives considered. In July 2017, the City Council indicated the desire to continue with the Infill Focus Alternative, with some modifications. The modifications by the Council included allowing flexibility for a project in a reduced urban area north of Eight Mile Road along Interstate 5, subject to specified criteria. Future development in the area north of Eight Mile Road is limited to an economic catalyst project as specified. The area designated for urban land use north of Eight Mile Road is reduced by nearly 3,000 acres east of Davis Road in the recommended General Plan Update. The recommended General Plan represents the first time in Stockton’s history that the proposed urban footprint is smaller than the existing General Plan. In total, the urban footprint is reduced by approximately 8,000 acres, all of which is proposed to be returned to Open Space/Agriculture designation.
On June 26, 2018, drafts of the General Plan Update, Environmental Impact Report (EIR), and related utility master plan documents were released for public review and comment. The 45-day comment period for the EIR ended on August 10, 2018. EIR comments and responses are contained in the Final EIR which can be found at: www.stocktongov.com/envisionstockton. On October 25, 2018, the Planning Commission received a summary of community engagement efforts and a presentation on the proposed draft Envision Stockton 2040 General Plan Update, Utility Master Plan Supplements, and the Final Environmental Impact Report, inclusive of proposed changes based on comments/input from the community, stakeholders, the Commission, and the City Council. At the October 25, 2018 meeting, the Planning Commission voted 4-1 (Jobrack dissenting, Mallett and Rizvi absent) to continue the public hearing to the regularly scheduled November 15, 2018 meeting.
On November 15, 2018, after consideration of the draft General Plan, public input, and all proposed changes recommended by staff, the Planning Commission recommended approval of the General Plan Update. The recommendation included changing the Village designation within the Sphere of Influence located north of Eight Mile Road to the more restrictive Economic and Education Enterprise designation (EEE). The EEE designation contains criteria that must be met for development applications to be accepted. The recommendation also included policy changes resulting from input received from the Healthy Neighborhoods Collaborative, Campaign for Common Ground and the Sierra Club (Attachment A). The Planning Commission adopted a Resolution (Attachment B) by a vote of 6-1, Davie dissenting, to recommend that the City Council approve:
1. Certification of the Draft and Final Environmental Impact Report (FEIR);
2. Envision Stockton 2040 General Plan Update; and, Utility Master Plan Supplements (UMPS).
The Envision Stockton 2040 General Plan Update, Utility Master Plan Supplements (UMPS), July/August 2018 workshop summaries, and the Final Environmental Impact Report (FEIR), and all related findings, statement of overriding considerations (SOC), and mitigation monitoring and reporting program (MMRP) can be viewed at: www.stocktongov.com/envisionstockton.
The staff reports for the October 25, 2018 and November 15, 2018 Planning Commission meetings are attached at Attachments C and D. Staff and the Planning Commission recommend that the City Council approve the two resolutions as proposed.
DISCUSSION
Background
State law requires each city and county to adopt and periodically update a General Plan that provides a comprehensive long-range plan for its physical development. The General Plan is important because it contains goals, policies and implementation measures to guide development within the city limit and beyond in a Sphere of Influence where City services may someday be provided. The City’s current 2035 General Plan was adopted in 2007. Since its adoption, significant economic and demographic changes occurred, prompting the City to update its growth and development assumptions.
In 2016, the City initiated the Envision Stockton 2040 General Plan Update with a commitment to updating the General Plan in a sustainable manner. This General Plan Update provides guidance for reevaluation of the City’s public infrastructure such as the City’s roadways and water and sewer distribution systems and whether the cost (capital and maintenance) of that infrastructure is sustainable. This update provides an opportunity to revisit and reset the goals, policies, and implementation measures for development in the City limits and for future growth areas where City services may eventually be provided within a Sphere of Influence. Policy guidance is provided to reevaluate the level of service goals regarding public infrastructure such as water, sewer and transportation improvements. The level of service goals associated with these types of improvements and its relationship to land use growth projections determines the cost of development impact fees associated with the cost of building a home or undertaking a development project.
Public Outreach and Feedback
This update has been developed with extensive input and guidance from the community, including citizens, stakeholders, Planning Commission, and City Council. Thus far, there have been more than 30 opportunities (including workshops, open houses, and community events) for public input including a recent series of five public workshops held in locations throughout the City in July and August 2018. Approximately 500 people attended these workshops and meetings. One of the key issues brought up by the community was the need for employment. The general plan update reflects this key objective in its policies.
In April 2017, Council provided guidance to adopt infill standards using a city core intensification alternative. This infill alternative (referred to as Alternative “C”) has the smallest urban footprint of the three alternatives considered and contains the following attributes:
• Preservation of agricultural lands at City periphery
• Infill focused with a Downtown emphasis
o Higher intensity mixed-use Downtown
o High density in and near Downtown
• Professional offices on South Airport Way
• Increased opportunities for a grocery store(s) along South Airport Way
• Opportunities for medical offices near Weston Ranch
• Flexibility for employment/economic generator north of Eight Mile Road
On July 25, 2017, the City Council considered and provided guidance to staff on the development of the General Plan goals and policies. The goals, policies, and actions in a General Plan guide service levels that directly influence the costs related to development projects and operation of city government. The following are highlights of some of the recommended policy changes included in the draft General Plan policy document:
• An increase of allowable densities and intensity of development in both downtown and the greater downtown areas; the addition of new infill policies particularly as it relates to downtown, the city’s core and south Stockton.
• Weaving of environmental justice policies throughout the General Plan affecting land use, transportation, and community health policies.
• Incorporating public health policies throughout the General Plan as it relates to land use, transit, and safety policies.
• Limiting development north of Eight Mile Road to projects that provide economic development and improved employment opportunities.
On June 26, 2018, the following draft documents were released for public review and comment:
• Draft Envision Stockton 2040 General Plan policy and land use map documents,
• Draft EIR, and
• Draft Utility Master Plan Supplements (water, wastewater, and stormwater).
On July 16, 2018, the City Council held a Study Session and staff presented an overview of the draft Envision Stockton 2040 General Plan, Draft EIR, and draft Utility Master Plan Supplements. The presentation covered housing and potential policy and program options for increasing affordable housing within the City of Stockton. Key housing policy/program options discussed included:
• Housing Trust funds
• Inclusionary housing
• Rent stabilization
• Rent Control Ordinances
• Just cause for eviction
Economic and Education Enterprise Designation
Many comments received on the Draft General Plan centered on the Economic and Education Enterprise designation. The following is a summary of the history of the development of this designation, as well as a staff-recommended change in response to public comments.
Ø On April 4, 2017, the City Council directed staff to proceed with Alternative C, the Infill Focus Alternative, with some modifications, to serve as the land use map in the Draft General Plan. This option reduced the urban footprint by approximately 8,000 acres. Council modifications also limited development in the reduced urban area north of Eight Mile Road along Interstate 5 to an economic development catalyst project.
Ø On June 8, 2017, the Planning Commission considered four map and policy options presented by staff to implement the Council’s direction for the area north of Eight Mile Road. The Planning Commission discussed the options and continued the discussion to its June 22, 2017 meeting. At the June 22, 2017 meeting, the Planning Commission provided comments but did not come to a consensus on a preferred option.
Ø On July 25, 2017, in a Council study session on the Envision Stockton 2040 General Plan, the Council considered the same four map and policy options and provided guidance to staff to proceed with the Map A + Policy 2 option. This option would maintain the existing Sphere of Influence (SOI) and provide an urban land use designation for the economic development catalyst area and establish policy language requiring above-median wage jobs, VMT reductions, environmental impact mitigation, and housing linked to jobs with housing costs correlated to job wage levels. Following City Council’s guidance on July 25, 2017, staff proceeded with the preparation of the Draft General Plan which includes a new Economic and Education Enterprise designation applied to the area north of Eight Mile Road within the existing SOI and specified development attributes and criteria. The Draft General Plan reduces by 2,972 acres, land designated for urban uses north of Eight Mile Road (east of Davis Road). Overall, the Draft General Plan reduces land designated for urban uses by almost 8,000 acres (more than 12 square miles).
Community Input and Recommended Changes to Economic and Education Enterprise Designation
During the public review of the Draft EIR and Draft General Plan that commenced on June 26, 2018, the City received a series of comments on the Economic and Education Enterprise designation. In response to the series of comments on the Economic and Education Enterprise designation, staff recommends changing the text of the Economic and Education Enterprise designation to clarify the process that will be required to proceed with development projects within this designation. Below is the original text from the Draft General Plan with proposed changes shown (underline denotes additions; strikethrough denotes deletions):
Development in this designation is intended to support the City’s economic development goals by attracting new businesses, industries, and/or educational institutions that provide high-quality jobs to the local workforce. By bringing major job-generators to Stockton, this designation supports the City’s Economic Development Strategic Plan and State Executive Orders regarding greenhouse gas (GHG) reduction, Senate Bill (SB) 32, and the San Joaquin Sustainable Communities Strategy.
Businesses envisioned for this designation include:
• Those within a Core Business Cluster industry, as specified in the City’s Economic Development Strategic Plan;
• That provides a significant number of jobs offering wages averaging above Area Median Income, and that cannot be reasonably accommodated elsewhere within the city limit.
In support of a major job-generator, this designation promotes:
• Linked transportation and housing options so that future employees can live close to their jobs and commute using transportation modes that support the City’s vehicle miles traveled (VMT) reduction goals;
• Businesses that reduce VMT by providing vanpool programs, car share services, and active transportation alternatives are encouraged; and
• Proximate housing stock that supports the job-generator, including single-family, multi-family, and/or mixed-use dwellings at various levels of affordability, with housing costs that generally correspond to the income levels of the jobs generated by the project.
Projects proposed in the Economic and Education Enterprise designation will be required to:
• Adhere to the City’s existing development review process including consideration by the Planning Commission and City Council of a General Plan Amendment; (It should be noted that a general plan amendment process will require subsequent discretionary decisions before the planning commission and the city council and will also include a corresponding environmental analysis).
• The City will negotiate with applicants to develop community benefit through development agreements that identify desired community amenities in the area of development; and
• The City, as Lead Agency, and will ensure that development mitigates its environmental impacts as feasible, pursuant to the California Environmental Quality Act (CEQA).
The maximum anticipated floor area ratio (FAR) for non-residential building is 0.6, and the maximum anticipated residential density is 24 dwelling units per gross acre; however, the designation allows variation from these standards with City approval to achieve the economic development goals and complete communities described above. Development proponents are encouraged to propose creative and innovative master plans to further the City’s economic development goals consistent with the policies outlined above.
Clear Boundaries
On September 24, 2018, staff received a memo from the Sierra Club and Campaign for Common Ground (Attachment E) that had been originally sent in an earlier correspondence to Mayor Tubbs regarding agricultural lands and open space between Stockton and Lodi. Prior to receipt of the memo, staff had proactively considered a change to the action language contained in the public draft General Plan policy document. Below is the existing City General Plan policy language, and staff’s recommended modification, as developed in consultation with San Joaquin County Community Development Department staff. For the Council’s information, the 2016 adopted County General Plan Clear Boundaries policy language is also provided.
Page 3-20. In response to a comment from the Eric Parfrey, representing the Sierra Club and Campaign for Common Ground, revise Action LU-5.3B as follows:
“Coordinate with San Joaquin County to develop a plan for a greenbelt or community separator around the city preserve agricultural land and open space areas in the unincorporated County that contribute to maintaining clear boundaries between cities.”
Adopted San Joaquin County General Plan Language reads as the following:
LU-1.5 Clear Boundaries
The County shall strive to preserve agricultural and open space areas that contribute to maintaining clear boundaries among cities and unincorporated communities.
Draft Environmental Impact Report and General Plan Comments and Responses
As a result of the public review of the Draft Environmental Impact Report and Draft General Plan, staff received written comments, some of which included suggested specific text edits to the Draft General Plan. Staff carefully considered all the comments received on the Draft EIR and responses are addressed separately in the proposed Final EIR.
Revisions to the Utility Master Plan Supplements
Each Utility Master Plan Supplement (UMPS) Technical Memorandum (TM) contains the General Plan land use map. Because of the changes to the General Plan Map, the UMPS TM have been revised to show the updated version of the land use map. Also, based on comments from the City Municipal Utilities Department, the text in Section 8.2 on page 19 of the UMPS for Potable Water has been revised (Attachment F).
Climate Action Plan Advisory Committee
On September 20, 2018, the Climate Action Plan Advisory Committee (CAPAC) met to consider making a recommendation to the Planning Commission and City Council on supportive policies for balanced infill/outskirt development consistent with the 2008 Settlement Agreement with the Sierra Club and the state Attorney General (Attachment G). With three members absent (Nelson, Pedroza, Terhune) the CAPAC voted 5-2 (Hatch, Leek dissenting) to recommend approval of staff recommended infill/outskirt policies with amendments to address minor text edits to Actions 6.1e, 6.1f, and 2.2c. However, a minimum of six affirmative votes is needed to forward an approval recommendation.
Planning Commission Public Hearing Discussion
Three comment letters were received during the weeks leading up to the October 25 Planning Commission Public Hearing. The following briefly summarizes the subject of the comments.
• On October 10, 2018, a comment letter was received from the League of Women Voters indicating opposition to housing and industrial development north of Eight Mile Road (Attachment H).
• On October 22, 2018, a comment letter was received from the Campaign for Common Ground and the Sierra Club proposing amendments to several policies and actions contained in the draft General Plan (Attachment I).
• On October 24, 2018, a comment letter was received from Healthy Neighborhoods Collaborative proposing modifications and additions to several policies and actions contained in the draft General Plan (Attachment J).
Public comments were received that were primarily related to opposition of development north of Eight Mile Road, air quality and public health policies, disadvantaged communities and the need for a greenbelt separator. The Planning Commission voted 4-1 (Jobrack dissenting, Mallett and Rizvi absent) to continue the public hearing to the regularly scheduled November 15th meeting.
On November 13, 2018, the Community Development Department received a letter from the A.G. Spanos Companies regarding the proposed Economic Education Enterprise designation (Attachment K).
On November 15, 2018, the Planning Commission continued to hold a Public Hearing on the proposed Envision Stockton 2040 General Plan. Staff provided an additional presentation on the comment letters received weeks prior to the October 25th Public Hearing and comments received from the Planning Commissioners. More public comments were received which were primarily related to a letter submitted by A. G. Spanos, General Plan implementation priority on the downtown and south Stockton, and opposition to development north of Eight Mile Road.
After thoughtful consideration of the proposed General Plan, public input, and all proposed changes recommended by staff, the Planning Commission recommended approval of the General Plan Update. Their action included changing the Village designation within the Sphere of Influence located north of Eight Mile Road to the more restrictive Economic and Education Enterprise designation (EEE). The EEE designation contains criteria that must be met for development applications to be accepted. Their recommendation also included policy changes resulting from input received from the Healthy Neighborhoods Collaborative, Campaign for Common Ground and the Sierra Club (Attachment A). The Planning Commission adopted a Resolution (Attachment B) by a vote of 6-1, Davie dissenting, to recommend that the City Council approve:
1. Certification of the Draft and Final Environmental Impact Report (FEIR);
2. Envision Stockton 2040 General Plan Update; and, Utility Master Plan Supplements (UMPS).
Present Situation:
The recommended General Plan represents the first time in Stockton’s history that the proposed urban footprint is smaller (by approximately 8,000 acres) than the existing adopted General Plan. The City Council will receive a staff presentation on the proposed draft Envision Stockton 2040 General Plan Update, Utility Master Plan Supplements, and the Final Environmental Impact Report. This presentation will include proposed changes based on comments/input received from the community, stakeholders, the Commission, and City Council. After consideration of the public draft General Plan documents and proposed changes, staff and the Planning Commission recommend that the City Council approve two Resolutions to:
1. Certify the Final Environmental Impact Report (FEIR), and adoption of Statement of Overriding Considerations; and
2. Approve the Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements (UMPS).
A Public Notice of this hearing was published in The Record on November 20, 2018.
Financial Summary
Sufficient funds were encumbered in the FY 2018-19 annual budget to pay for Envision Stockton 2040 General Plan Update costs (048-1825-510). The General Plan Update contains Policy LU-6.5, and four Actions LU-6.5A-D aimed at improving and maintaining the City’s fiscal health in relation to the City’s future considerations of new development.
Attachment A - Policy/Action Recommended Changes Table
Attachment B - Approved Planning Commission Resolution
Attachment C - October 25, 2018, Planning Commission Staff Report
Attachment D - November 15, 2018, Planning Commission Staff Report
Attachment E - September 24, 2018, AG Belt Memo
Attachment F - Revised Utility Technical Memorandums
Attachment G - CAPAC General Plan - Settlement Agreement Consistency Memo
Attachment H - October 10, 2018, League of Women Voters Letter
Attachment I - October 22, 2018, CCG/Sierra Club Letter
Attachment J - October 24, 2018, Healthy Neighborhoods Letter
Attachment K - November 8, 2018, A.G. Spanos Companies Letter