title
CERTIFICATION OF AN ADDENDUM TO THE CANNERY PARK ENVIRONMENTAL IMPACT REPORT (SCH #2003042022) AND APPROVAL OF A GENERAL PLAN LAND USE MAP AMENDMENT, REZONING, AND A DEVELOPMENT AGREEMENT AMENDMENT FOR THE PREVIOUSLY APPROVED CANNERY PARK MIXED USE DEVELOPMENT PROJECT LOCATED AT 3827 PFC JESSE MIZENER STREET (APNs 122-020-32, -33, -38 and -60) (P21-0435)
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt a Resolution certifying an Addendum to the Cannery Park Mixed Use Project EIR that determines no further environmental review is required for the proposed amendments to the previously approved Cannery Park Development Project and tentative subdivision map per the California Environmental Quality Act (CEQA) pursuant to Section 15164 (Addendum to an EIR) or Title 14 of the California Code of Regulations (State CEQA Guidelines); and
2. Adopt a Resolution for a General Plan Land use Map Amendment; and
3. Adopt an Ordinance for Rezoning of 88.61 acres of CG (Commercial, General) zoning and 11.26 acres of RH (Residential, High Density) zoning into 19.76 acres of CG, 12.34 acres of RH north of Bear Creek, and 67.78 acres of RL (Residential, Low Density) south of Bear Creek; and
4. Adopt an Ordinance for a Development Agreement amendment for the Cannery Park Project; and
5. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the approved actions.
body
Summary
In 2004, the City Council approved the Cannery Park Mixed Use Project which consisted of an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Prezoning, Development Agreement, and a Small and Large Lot Tentative Subdivision Map. These entitlements permitted Holman Investors, LLC, (“Applicant”) to construct a mixed-use development on a 448-acre site planned for industrial, commercial retail and office, parks, schools, 1,100 single family and 210 multi-family residential units. (Attachment A - Location Map and Aerial Photo). Since the original Project approval, progress has been made to construct the majority of single-family units; however, the industrial, commercial retail and office zoned areas of the Project remain undeveloped.
Citing a change in the commercial retail and office economic markets and the State’s current housing crisis, the Applicant is requesting a General Plan Amendment, Rezone, Development Agreement Amendment and a Tentative Subdivision Map to convert a 99.87-acre portion of the existing Cannery Park Project’s commercially zoned areas (“Project Site”) into 331 additional single family units and to relocate approximately 12-acres of high-density residentially zoned area adjacent to the commercial area north of Bear Creek. The proposed Tentative Map also includes retention of 16 commercial lots, a new 3.34-acre detention basin, and a new ±4-acre neighborhood park. The Project as designed and conditioned complies with applicable development standards within the City’s General Plan, Stockton Municipal Code (SMC), and Design Guidelines.
On February 8, 2024, the Stockton Planning Commission held a duly noticed public hearing to consider the proposed project. Following staff’s presentation and deliberation, the Planning Commission voted 5-0 (Commissioners Thompson and Jones absent) approving the Tentative Subdivision Map and recommending City Council approval of the General Plan Amendment, Rezoning and Development Agreement. The Tentative Map approval is contingent on Council’s approval of the associated entitlements recommended by the Planning Commission.
DISCUSSION
Background
On September 14, 2004, City Council approved the Cannery Park Mixed Use Project for a 448-acre site south of Eight Mile Road and west of State Highway Route 99. The mixed land uses include industrial, commercial retail and office, parks, schools, 1,100 single family and 210 multi-family residential units. An EIR for the Cannery Park Development was certified by the Council to approve the overall project. Since the original approval, minor amendments to the original Project have been approved by the Council related to certain conditions of approval and stipulations in the Development Agreement. These included revised access to terminate a local street at the rail lines, the first amendment to the DA to clarify development phasing, and an Improvement/Development Plan to provide flexibility for the Applicant to develop the Project in logical phases with required construction of infrastructure improvements. The Phasing Plan established five Sub-Areas for development phasing identified as A, B, C, D, and E (See Attachment B - Phasing Plan Sub-Areas). While the entire project is included in this review, the General Plan and Zoning Map Amendments and the Tentative Map only involve the 99.87 acres identified as Sub-Area D (proposed commercial and high-density site) and Sub-Area E (proposed single family and new neighborhood park site).
Present Situation
The project Sub-Areas D and E consist of four (4) parcels identified as Assessor’s Parcel Numbers (APN’s) 122-020-32, -33, -38, and -60 which are in the northeast corner of the City of Stockton, southeast of the intersection of Eight Mile Road and Holman Road. The site is bounded to the:
• North: Eight Mile Road and a variety of land uses within the San Joaquin County jurisdiction; a vacant parcel with a billboard sign on a parcel zoned C-FS (Freeway Service Commercial), residences and a church on parcels zoned AL-5 (Limited Agriculture).
• East: 99 Frontage Road and State Route 99.
• South: single-family residences zoned RL (Residential, Low) and residential parcels within the San Joaquin County jurisdiction, zoned AU-20 (Agriculture-Urban Reserve).
• West: Holman Road, existing industrial businesses zoned IL (Industrial, Limited) and single-family residences zoned RL (Residential, Low).
Citing a change in the retail and office economic markets and the State’s current housing crisis, the Applicant is requesting a General Plan Amendment, Rezoning, Development Agreement Amendment (time extension of 10 years), and a Tentative Subdivision Map to convert a 99.87 acre portion of the existing Cannery Park mixed use Project’s commercially zoned areas (“Project Site”) into 331 additional single family homes and to relocate approximately 12-acres of high-density residentially zoned areas adjacent to the commercial areas fronting Eight Mile Road.
The project site is currently designated by the Envision Stockton 2040 General Plan as Commercial for 88.61 acres and High Density Residential for 11.26 acres. The proposed General Plan Amendment requests re-designation of the subject parcels’ land uses to Commercial for 19.76 acres, High Density Residential for 12.34 acres and Low Density Residential for 67.78 acres. To align with the proposed General Plan land use map amendments, the requested rezoning proposes to convert 88.61 acres of CG (Commercial, General) zoning and 11.26 acres of RH (Residential, High Density) zoning into 19.76 acres of CG, 12.34 acres of RH north of Bear Creek, and 67.78 acres of RL (Residential, Low Density) south of Bear Creek.
Since the Planning Commission is the approving authority for a Tentative Map application, the current request for the City Council is for approval of the General Plan Amendment, Rezoning, and Development Agreement Second Amendment.
STAFF ANALYSIS
The proposed Project request as designed and conditioned complies with applicable development standards within the City’s General Plan, Stockton Municipal Code (SMC), and Design Guidelines. The City Council is asked to consider certifying the proposed EIR Addendum and approve the General Plan Land Use Map Amendment, Rezone, and DA Second Amendment. Development of the Tentative Map is contingent on Council approval of the associated entitlements.
Environmental Clearance
In 2004, an Environmental Impact Report (EIR) was certified by the City Council (SCH # 2003042022) for the original Cannery Park Development Project. As the proposed Project amends a portion of the project area contained in the original EIR, an addendum to the original EIR was prepared in accordance with the California Environmental Quality Act (CEQA) State Guidelines Section 15164 (Exhibit 1 of Proposed EIR Addendum Resolution). The addendum analyzes the conversion of the specified commercial areas to single family residential use and concludes that the Project does not result in substantial changes or create new significant environmental effects beyond what was anticipated in the original EIR. The subdivision map was reviewed by applicable City departments and regional agencies for compliance with state and local requirements. Due to the General Plan Amendment, the Project was also circulated to the State and regional tribal representatives in accordance with Senate Bill 18 (SB 18) with no additional mitigation measures proposed by the groups contacted. Since the addendum and outreach concluded that no new significant environmental effects or mitigation measures are needed beyond those identified in the existing EIR for the Project area, 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.
General Plan Amendment (Land Use Map)
The project site is currently designated by the Envision Stockton 2040 General Plan as Commercial for 88.61 acres and High Density Residential for 11.26 acres. The proposed General Plan Amendment requests to re-designate the land uses of the subject parcels to Commercial for 19.76 acres, Low Density Residential for 67.78 acres and High Density Residential for 12.34 acres (see Exhibit 1of the Proposed General Plan Amendment Resolution). The Applicant has indicated the proposed changes are needed to complete the project and will provide additional housing options for current and future Stockton residents. New housing and the development of vacant properties complies with the following General Plan policies:
LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton.
The proposed commercial parcels north of Bear Creek are consistent with the Commercial designation on the General Plan Land Use Map and will continue to provide future commercial retail and office options for the city and surrounding area. The proposed High-Density parcel maintains a similar size as the currently zoned parcel and will result in a similar unit yield for a future high density residential development. The new low density residential land use area will provide opportunity for more housing and fill in vacant project land area that have remained vacant for almost 20 years. Per City standards (SMC Section 16.72.060) a new ±4-acre neighborhood park is required and is included within the tentative map to serve the surrounding development area. Although two of the original parks planned for the Cannery Park Project are part of the City’s Capital Improvement Plan (CIP) project list, due to funding shortages they remain undeveloped. To avoid adding a third undeveloped park, the Applicant has agreed to construct the neighborhood park as part of the proposed DA amendment and Tentative Map conditions of approval.
As the proposed project would still provide options for commercial and residential uses and propose to construct a new park for the area, the proposed Project is consistent with General Plan policies.
Rezoning
The Zoning Map designation for the proposed Project site is CG (Commercial, General) and RH (Residential, High Density). To align with the proposed General Plan land use map amendments, a rezoning proposes to convert 88.61 acres of CG (Commercial, General) zoning and 11.26 acres of RH (Residential, High Density) zoning into 19.76 acres of CG, 12.34 acres of RH north of Bear Creek, and 67.78 acres of RL (Residential, Low Density) south of Bear Creek. Exhibit 1 of the proposed Rezone Ordinance illustrates the existing and proposed Zoning Map amendment. The Project area is surrounded by existing and ongoing residential development and is physically able to accommodate the requested amendment. The rezone is needed to comply with the General Plan amendment request and complies with City standards.
Development Agreement Amendment
As part of the original Cannery Park mixed use approval, the City Council approved a Development Agreement (DA 2-03) to vest Project approvals to allow developers time to construct the needed infrastructure and finalize the tentative subdivision maps. The current Cannery Park Development Agreement (DA 2-03) has a term of twenty years, expiring on October 14, 2024. The first amendment to the DA was approved in 2006 to clarify the phasing of construction and align the Conditions of Approval with defined phasing Sub-Areas (Attachment C - DA and 1st Amendment).
The proposed DA Amendment would be the second amendment to the original DA and would extend the agreement an additional 10 years, with an expiration date of October 14, 2034 (Exhibit 1 of the Proposed DA Amendment Ordinance). The Applicant has indicated the completion of the original Project by the term specified in the DA was delayed due to the economic crisis from 2008-2017 and changes to the commercial and office economic markets. As described above, since two of the original parks planned for the area have been delayed due to City funding shortages, the Applicant has agreed to construct the new additional neighborhood park as part of the project approvals. This is to avoid adding a third undeveloped park for the Cannery Park community. Typically, projects are required to dedicate land for parks, pay impact fees (i.e., Public Facilities Fees) for the city to construct the public park, and annex into a financing district to ensure funding for future maintenance of the parks. While the dedication and annexation for maintenance will still occur, the Applicant has agreed to construct the park as a public benefit to the City in consideration for the City approving the Project.
Since the proposed project will provide commercial and residential opportunities, construct needed public infrastructure (i.e. streets, utilities, etc.) and will result in the construction of a needed park in the Cannery Park Project area, the DA amendment complies with City standards and provides community benefit upon its completion.
Tentative Map
In addition to approving a recommendation to City Council for General Plan, Rezoning and DA amendments, the Planning Commission approved the new tentative map that is contingent on City Council’s approval of the associated entitlements recommended by the Commission (Attachment D - Approved PC Resolution). The proposed Tentative Map proposes to subdivide four parcels (122-020-32, -33, -38 and -60) totaling 99.87 acres into 350 total parcels that include 16 commercial lots adjacent to Eight Mile Road, 331 single-family residential lots, an approximate 12.34-acre multi-family residential lot, a 4-acre neighborhood park, a 3.34-acre detention basin, and new local public streets for access to the proposed residential lots.
Development Review Committee
Per SMC Section 16.212.050, the Development Review Committee (DRC) is required to review the proposed DA amendment and Tentative Map and forward a recommendation to the Community Development Director (hereafter “Director”). On January 10, 2024, the DRC reviewed the project merits and continued the items to a date uncertain to allow for staff to address questions on the Conditions of Approval and DA amendment. On January 29, 2024, the DRC reconvened over the project and recommended approval of the project to the Director.
Neighborhood Meeting
A neighborhood meeting was held by the applicant on January 17, 2024, at Micke Grove Park Auditorium at 11793 Micke Grove Road, Lodi, CA 95240 (Attachment E - Neighborhood Meeting Notice). The meeting was held from 5:30 pm-7:00 pm and was attended by the applicant, staff, and two members of the public. Questions raised by the members of the public included the timing of construction for the undeveloped parks in the Project area, questions on the subdivision, with one attendee expressing a desire to keep the proposed project area undeveloped for natural wildlife.
Planning Commission
On February 8, 2024, the Stockton Planning Commission held a public hearing and approved (by a vote of 5-0, Thompson and Jones absent) a recommendation to the City Council to:
1. Certify the addendum to the previously approved EIR;
2. Adopt an Ordinance for the Rezoning of APNs 122-020-32; -33; -38 and -60 to Commercial, General (CG)/Residential, High Density (RH)/Residential, Low Density (RL);
3. Approve an Amendment to the General Plan land use designations of the project parcels to Commercial/High Density Residential/Low Density Residential; and
4. Adopt an Ordinance to amend the Development Agreement.
Construction of the Project is contingent on City Council approval, and the subsequent Site Plan Review and Design Review of proposed construction plans by the Planning Section of the Community Development Department.
Public Comments
On March 23, 2024, a notice for the City Council public hearing for this request was published in The Record and a 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’s time processing the requested actions. Expenses associated with new or expanded public facilities and services as a result of new development will be addressed via the collection of one-time utility connection and Public Facilities Fees (PFF). Other plan check and permit fees will be generated based on construction valuation. The entire Cannery Park project is already annexed into the Community Facilities District (CFD) for funding additional public services and maintenance demands resulting from the project.
Lastly, the Development Agreement will require the developer to construct the new park, lessening the burden on the City’s Capital Improvement Program (CIP) which is already programmed for the future funding of construction for two approved parks within the project area.
Attachment A - Location Map and Aerial Photo
Attachment B - Phasing Plan Sub-Areas
Attachment C - Cannery DA and 1st Amendment
Attachment D - Approved Planning Commission Resolutions
Attachment E - Neighborhood Meeting Notice