Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL AGENCY FORMATION COMMISSION FOR THE ANNEXATION OF ASSESSOR'S PARCEL NUMBER 080-290-39, ABUTTING PORTIONS OF THORNTON ROAD, WAUDMAN AVENUE, AND LUCILE AVENUE WITH RELATED CITY SERVICES PLAN, INCLUDING DETACHMENT OF THE LINCOLN RURAL FIRE DISTRICT On November 13, 2019, the applicant, O'Reilly Auto Enterprises, LLC submitted a request to, amongst other requests, annex Assessor's Parcel Number (APN) 080-290-39, abutting portions of Thornton Road, Waudman Avenue, and Lucile Avenue into the City of Stockton; and The petition for annexation is for the purposes of obtaining general City services as outlined in the City Services Plan; and The subject territory will, upon annexation, be able to receive normal City services as required by section 56653 of the Cortese/Knox Local Government Reorganization Act of 1985; and In accordance with section 56375(a)(7) of the Cortese/Knox Local Government Reorganization Act of 1985 and the policies of the San Joaquin County Local Agency Formation Commission, the City Council has concurrently with this resolution adopted an ordinance to prezone APN 080-290-39 to Commercial, General (CG) Zone; and The annexation action would also include the applicant’s requested detachment from the Lincoln Fire District. The detachment will be subject to an agreement by the developer to mitigate the District’s loss of property taxes. Future services will be provided by the City of Stockton; and Pursuant to Stockton Municipal Code Section 16.216.070(H)(2), the following findings of fact are made to support the annexation request:
The subject territory is located within the urban services area of the City, as shown in Exhibit 2: Prezone Map and Legal Description; APN 080-290-39 has been prezoned, as described above;
The subject territory is contiguous to the existing City limits, as shown in Exhibit 2: Prezone Map and Legal Description; The proposed annexation does not split a line of assessment and would, as described in the Addendum to the 2040 General Plan Environmental Impact Report, prepared for the overall project, include a future subdivision map application to ensure property ownership lines align with the City limit boundary established by the annexation. This finding is supported by San Joaquin County Local Formation Agency Commission Policy 10 (Definite and Certain Boundaries) which requires: (a) all boundaries shall be and certain and conform to lines of assessment or ownership; and (b) acknowledgement by the City of Stockton that the Commission may impose a condition on the annexation requiring the recordation of a parcel map to avoid creating remnants of legal lots.
The proposal does not create islands or areas in which it would not be easy to provide City services. The subject territory includes a corner parcel abutting two public roads within the requisite infrastructure (e.g., water, sewer, stormwater) located within or in immediate proximity. The proposal utilizes said services without creating a feature that may make their delivery difficult to other areas.
The 2040 General Plan Land Use Map designates the subject site Commercial. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the CG Zone is compatible with Commercial's Commercial General Plan Land Use Map designation.
The proposed annexation would further the following General Plan policies:
Goal LU-4: Attract and retain companies that offer high-quality jobs with wages that are competitive with the region and state.
Policy LU-4.2: Attract employment- and tax-generating businesses that support the economic diversity of the City.
Policy LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
Consistency of the annexation proposed with these policies is demonstrated through its ability to enable development of a new commercial land use in a vacant and contiguous location to the existing City limits. Said commercial zoning is capable of providing high-quality jobs and tax-generating business(es) now absent from the subject site.
On January 25, 2022, the City Council held a duly noticed public hearing pursuant to Stockton Municipal Code Section 16.216.070, at which time all interested parties had the opportunity to be heard. After consideration of the project, the City Council considered and found no further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
As referenced above, per SMC 16.216.070(H)(2), all findings of fact can be made to approve the annexation request.
The City Manager is authorized to file with the San Joaquin County Local Agency Formation Commission, as illustrated in Exhibit 1 (Annexation Boundary) and described in Exhibit 2 (City Services Plan), to execute a Detachment agreement on behalf of the City between the City of Stockton, the Applicant, and Lincoln Rural Fire Protection District regarding detachment of property from the District to the City of Stockton.
The San Joaquin County Local Agency Formation Commission is hereby requested to approve: (a) the above-noted annexation of territory to the City of Stockton as depicted on Exhibit 2.
The City Manager is authorized to take all necessary and appropriate steps to carry out the purpose and intent of this resolution.
PASSED, APPROVED, and ADOPTED January 25, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton