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Exhibit 3 - Findings and MMRP Revised

City Council and Concurrent Authorities
April 19, 2022

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Exhibit 3 - Findings and MMRP Revised
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April 19, 2022
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City Council and Concurrent Authorities
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CEQA FINDINGS AND
MITIGATION MONITORING/REPORTING PROGRAM
FOR THE
MARIPOSA INDUSTRIAL PARK
City of Stockton, CA
State Clearinghouse No: 2020120283
February 28, 2022
Prepared for:

CITY OF STOCKTON
345 N. El Dorado Street
Stockton, CA 95202
(209) 937-8266
Exhibit 3 - Findings and MMRP Revised
ii

TABLE OF CONTENTS
Page

1.0 INTRODUCTION 1-1

2.0 FINDINGS OF THE LEAD AGENCY WITH REGARD TO SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT 2-1

3.0 MITIGATION MONITORING/REPORTING PROGRAM 3-1

APPENDIX

MITIGATION MONITORING/REPORTING PROGRAM TABLE
Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 1-1

1.0 INTRODUCTION
This document sets forth the findings of the City of Stockton (the "City") relating to the Mariposa Industrial Park Project as required by CEQA Guidelines sections 15091-15093.

This document also describes the Mitigation Monitoring/Reporting Program (MMRP) for the project as required by CEQA Guidelines Section 15097. The primary source document for the findings and MMRP is the Environmental Impact Report for the Mariposa Industrial Park Project (SCH# 2020120283) (the "EIR"). When referenced as such, the EIR includes the Public Review Draft EIR (the DEIR) dated August 24, 2021 and the Final EIR (the FEIR) dated December 10, 2021 for the project, as well as any documents that have been incorporated into the DEIR and FEIR by reference.

1.1 P URPOSE AND SCOPE OF THIS DOCUMENT
The California Environmental Quality Act (CEQA) requires that a Lead Agency prepare an Environmental Impact Report (EIR) when a proposed project may involve significant environmental effects, as defined by CEQA. Prior to approval of the project, the Lead Agency is required to certify that the EIR was completed in compliance with CEQA and that the Lead Agency reviewed and considered the information in the EIR before approving the project. If the EIR identifies significant or potentially significant environmental effects, CEQA requires that the Lead Agency make specified written findings prior to project approval. If the Lead Agency finds that mitigation measures are not feasible for one or more of the significant environmental effects of the project, it must also adopt a Statement of Overriding Considerations; this is the case for the proposed project, and the Statement of Overriding Considerations is contained in a separate document. The Lead Agency must also adopt a MMRP that lists all mitigation measures identified in the EIR and describes their implementation and/or monitoring.

The proposed project that is the subject of these findings, the environmental review process, the environmental documentation prepared for the project, and the findings that the City must make to fulfill the requirements of CEQA, are discussed below. The findings and MMRP for the project are described in subsequent sections of this document, as follows:

2.0 Findings of the Lead Agency with Regard to the Significant Environmental Effects of the Project

3.0 Mitigation Monitoring/Reporting Program
A table detailing the Lead Agency’s findings with respect to each of the significant or potentially significant effects of the project, the applicable CEQA findings and the various provisions of the MMRP are shown in the Appendix.

Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 1-2

1.2 PROJECT DESCRIPTION
The project site, consisting of nine parcels, is in the San Joaquin County unincorporated area, adjacent to the southeastern limits of the City of Stockton (Chapter 1.0, Figures 1-1 through 1-5). Table 3-1 identifies each of these parcels by its Assessor’s Parcel Number (APN), street address, and acreage (Figure 1-5, Assessor’s Parcel Map). The project site encompasses 203.48 acres.

TABLE 3-1

PROJECT SITE PARCELS AND ACREAGES
APN Address Acres
179-220-10 5290 E. Mariposa Road 12.46
179-220-11 4600 E. Marfargoa Drive 7.46
179-220-12 5280 E. Mariposa Road 24.55
179-220-13 4522 E. Marfargoa Drive 14.97
179-220-16 5100 E. Clark Drive 19.52
179-220-17 4500 E. Clark Drive 14.97
179-220-18 5150 E. Mariposa Road 65.73
179-220-19 5110 E. Mariposa Road 43.31
179-220-24 4490 E. Clark Drive 0.51
TOTAL ACRES 203.48
The project site is shown on the Stockton East 7.5-minute quadrangle map within the C.M. Weber grant of Rancho Campo de los Franceses, Sections 59 and 69, Township 1 North, and Range 7 East, Mt. Diablo Baseline and Meridian. The approximate latitude of the project site is 37° 55ʹ 13ʺ North, and the approximate longitude is 121° 12ʹ 39ʺ West.

1.3 ENVIRONMENTAL REVIEW OF THE PROJECT UNDER
CEQA
The potential environmental effects of the project, mitigation measures necessary to address these effects and alternatives to the project are discussed in detail an EIR prepared by the City of Stockton in accordance with the requirements of CEQA. In addition to preparing the EIR document, the City has conducted the EIR process in conformance with CEQA requirements. EIR process steps have included preparation and distribution of a Notice of Preparation, holding a scoping meeting, publication and distribution of a Draft EIR for public review, preparation of a Final EIR addressing comments received during the public review period and preparation of this CEQA Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 1-3 Findings and Mitigation Monitoring/Reporting Plan for adoption by the Stockton City Council.

The City issued a Notice of Preparation (NOP) of the EIR on December 10, 2020; the NOP was circulated for agency review as required by CEQA. Detailed information on the content, circulation and comments received by the City on the Notice of Preparation is contained in Appendix A of the DEIR; the DEIR is incorporated herein by reference.

The Public Review Draft EIR (DEIR) was prepared by the City and distributed for agency and public comment during the period from August 24, 2021 to October 7, 2021.

Documentation of the distribution process is detailed in the FEIR, which, is also incorporated into this document by reference, below.

The City received written comments on the DEIR. In response to this input, the City has prepared the FEIR, which incorporates the DEIR by reference, displays a summary the EIR includes all comments received on the DEIR, provides the City’s responses to those comments, and makes any required revisions to the DEIR.

The DEIR and the FEIR for the Mariposa Industrial Park project are hereby incorporated by reference. Copies of these documents, specifically cited below, are available for review at the offices of City of Stockton Community Development Department, Planning Division, 345 N. El Dorado Street, Stockton, California 95202.

BaseCamp Environmental, 2021a. Public Review Draft Environmental Impact Mariposa Industrial Park Project. SCH #2020120283. August 24, 2021 BaseCamp Environmental, 2021b. Final Environmental Impact Report, Mariposa Industrial Park Project. SCH #2020120283. February 28, 2022.

1.4 REQUIRED FINDINGS
CEQA requires that, prior to approval of a project, the Lead Agency make specified findings related to each of the significant or potentially significant environmental effects considered in the EIR. The EIR considered the range of potential environmental effects, including those listed in the CEQA Guidelines Appendix G Environmental Checklist.

Most of these potential environmental effects were found, on analysis, to have no effect or less than significant environmental effects. These potential effects do not require City findings under CEQA. All of these potential, but less than significant, effects are listed in the following Section 2.1.

The Mariposa Industrial Park EIR identifies several significant or potentially significant effects on the environment and the mitigation measures needed to reduce those effects to a less than significant level. The City’s findings with respect to each of these environmental effects are set forth in Section 2.2 and the Appendix of this document.

It is anticipated that the City will certify the EIR, adopt the EIR mitigation measures and approve the project in conjunction with its adoption of this document. With these approvals in place, all but six of the project’s significant or potentially significant environmental effects will be reduced to a Less Than Significant level.

Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 1-4 The project would involve six potentially significant and unavoidable environmental effects as described in the EIR: Conversion of Farmland, Air Quality Plans and Standards, Exposure of Sensitive Receptors to Criteria Pollutants, Greenhouse Gas Emissions and Transportation VMT Effects. These potential effects are partially mitigated, but there is uncertainty as to quantification of the mitigation and therefore, whether the available mitigation measures will reduce impacts to a Less than Significant level. As a result, a Statement of Overriding Considerations is required. The Statement of Overriding Considerations is described in a separate document cited below.

BaseCamp Environmental, 2021c. Statement of Overriding Considerations, Mariposa Industrial Park SCH #2020120283. February 28, 2022.

The findings for the Mariposa Industrial Park project described below are based upon substantial evidence, comprised primarily of the information, analysis and mitigation measures described in the DEIR and FEIR and any other information incorporated into these documents by reference. Specific references to supporting information are provided in conjunction with the City’s finding for each potentially significant effect of the project, as shown in the MMRP table in the Appendix.

Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 2-1

2.0 FINDINGS OF THE LEAD AGENCY WITH REGARD TO
ENVIRONMENTAL EFFECTS

2.1 ENVIRONMENTAL EFFECTS OF THE PROJECT THAT ARE
LESS THAN SIGNIFICANT AND REQUIRE NO FINDINGS
The following items were evaluated in the EIR and were determined to have no effect or a less than significant effect on the environment and do not require findings under CEQA.

It should be noted that some of these potential environmental effects, including air quality, agricultural land conversion, noise and traffic, were identified in the Mariposa Industrial Park Draft EIR as subjects not requiring further analysis under CEQA. These and other environmental subjects were addressed on a city-wide level in the City’s General Plan and General Plan EIR adopted in December 2018. Where any of these subjects were, after consideration of all feasible mitigation measures, considered significant and unavoidable, they were addressed in the CEQA Findings and Statement of Overriding Considerations adopted by the City in conjunction with the General Plan. The General Plan EIR and findings document were incorporated by reference into the Mariposa Industrial Park on page 1-4 of the Draft EIR.

4.0 AESTHETICS AND VISUAL RESOURCES
Impact AES-1: Scenic Vistas
Impact AES-2: Scenic Resources
Impact AES-3: Visual Character and Quality
Impact AES-4: Light and Glare

5.0 AGRICULTURAL RESOURCES
Impact AG-2: Agricultural Zoning and Williamson Act
Impact AG-3: Indirect Conversion of Agricultural Lands

6.0 AIR QUALITY
Impact AIR-1: Air Quality Plans and Standards, Construction Emissions Impact AIR-4: Exposure of Sensitive Receptors to Toxic Air Contaminants Impact AIR-5: Odors and Other Emissions

7.0 BIOLOGICAL RESOURCES
Impact BIO-2: Riparian and Other Sensitive Habitats
Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 2-2

8.0 CULTURAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Impact CULT-1 Historical Resources

9.0 GEOLOGY, SOILS, AND MINERAL RESOURCES
Impact GEO-1: Faulting and Seismicity
Impact GEO-2: Other Geologic Hazards
Impact GEO-3: Soil Erosion
Impact GEO-4: Expansive Soils
Impact GEO-6: Access to Mineral Resources

10.0 GREENHOUSE GAS EMISSIONS
Impact GHG-2: Project GHG Operational Emissions and Consistency with Applicable Plans and Policies.

11.0 HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Hazardous Material Transportation and Storage Impact HAZ-2: Hazardous Material Releases
Impact HAZ-3: Hazardous Material Sites
Impact HAZ-4: Airport Hazards
Impact HAZ-5: Interference with Emergency Vehicle Access and Evacuations Impact HAZ-6: Wildfire Hazards

12.0 HYDROLOGY AND WATER QUALITY
Impact HYDRO-1: Surface Water Resources and Quality
Impact HYDRO-2: Groundwater Resources and Quality
Impact HYDRO-3: Drainage Patterns and Runoff
Impact HYDRO-4: Release of Pollutants in Flood, Tsunami, and Seiche Zones Impact HYDRO-5: Consistency with Water Quality and Groundwater Management Plans

13.0 LAND USE, POPULATION, AND HOUSING
Impact LUP-1: Division of Communities
Impact LUP-2: Conflict with Applicable Plans, Policies, and Regulations Impact LUP-3: Inducement of Population Growth
Impact LUP-4: Displacement of Housing and People

14.0 NOISE
Impact NOISE-4: Groundborne Vibrations
Impact NOISE-5: Airport and Airstrip Noise

15.0 PUBLIC SERVICES AND RECREATION
Impact PSR-1: Fire Protection Services
Impact PSR-2: Police Protection Services
Impact PSR-3: Schools
Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 2-3 Impact PSR-4: Parks and Recreational Services
Impact PSR-5: Other Public Facilities

16.0 TRANSPORTATION
*Impact TRANS-1: Motor Vehicle Transportation Plans-Intersections *Impact TRANS-2: Motor Vehicle Transportation Plans-Road Way Segments Impact TRANS-3: Motor Vehicle Transportation Plans-Ramp Junctions Impact TRANS-4: Motor Vehicle Transportation Plans-Truck Routes Impact TRANS-5: Conflicts with Non-Motor Vehicle Transportation Plans Impact TRANS-7: Safety Hazards
Impact TRANS-8: Emergency Access
*Note: Impacts are the subject to transportation improvement recommen dations, but do not require mitigation

UTILTIES AND ENERGY
Impact UTIL-1: Wastewater Services and Facilities
Impact UTIL-2: Water Services and Facilities
Impact UTIL-3: Stormwater Services and Facilities
Impact UTIL-4: Solid Waste
Impact UTIL-5: Energy and Telecommunications Systems
Impact UTIL-6: Project Energy Consumption

2.2 ENVIRONMENTAL EFFECTS OF THE PROJECT THAT
REQUIRE FINDINGS
The environmental effects that were found by the EIR to be significant and/or potentially significant prior to the application of mitigation measures include the effects listed below.

As required by CEQA, the City must make findings with respect to each of these significant effects. The City’s findings, and the evidence in support of those findings, are detailed in the Mitigation Monitoring/Findings table shown in the Appendix. All of the following environmental effects would be reduced to a less than significant level with mitigation measures.

Impact BIO-1: Special-Status Species and Habitats
Impact BIO-3: State and Federally Protected Wetlands
Impact BIO-4: Migratory Fish and Wildlife Habitats
Impact
BIO-5: Local Biological Requirements
Impact BIO-6: Habitat Conservation Plans
Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 2-4 Impact CULT-2: Archaeological and Tribal Cultural Resources Impact CULT-3: Human Burials
Impact GEO-5: Paleontological Resources and Unique Geological Features Impact
NOISE-2: Increase in Noise Levels in excess of Standards-Other Project Noise
Impact NOISE-3: Increase in Noise Levels in Excess of Standards-Construction The EIR indicates that the proposed project would involve six potentially significant and unavoidable effects:

Impact AG-1: Conversion of Farmland
Impact AIR-2: Air Quality plans and Standards-Operational Emissions Impact AIR-3: Exposure of Sensitive Receptors to Criteria Pollutants Impact GHG-1: Project GHG Construction Emissions and Consistency with Applicable Plans and Policies
Impact NOISE-1: Increase in Noise Levels in Excess of Standards-Traffic Impact TRANS-6: Consistency with CEQA Guidelines Section 15064.3(b) In order to address these significant and unavoidable effects, findings related to alternatives and a Statement of Overriding Consideration for the project are provided in a separate document as noted above.

2.3 F INDINGS TABLE
The City’s findings with respect to each of the significant or potentially significant environmental effects of the project are detailed in the Mitigation Monitoring/Findings table shown in the Appendix. The findings consider each of the significant or potentially significant environmental effects of the project on an individual basis. Each environmental effect is briefly identified, all o f the mitigation measures identified in the EIR are listed, and the significance of each environmental effect after application of the mitigation measures is identified. Following this, the City’s finding with respect to the environmental effect, and the location of source information for the City’s finding, are identified.

The findings are based upon the whole of the information and analysis included in the EIR and, in particular, on the implementation of the project mitigation measures identified in the EIR as described in the following Mitigation Monitoring/Reporting Plan.

Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, Findings and Mitigation Monitoring Plan Page 2-5 As described in the MMRP, implementation of the mitigation measures will be accomplished through incorporation in permits and approvals as well as project improvement plans and specifications. Implementation of mitigation measures will be ensured through monitoring of project activities by the Stockton Community Development Department. Section 5.0 of this document adopts the MMRP.

Potential findings for the significant and potentially significant effects of the project are prescribed in Sections 15091 of the State CEQA Guidelines. The three potential findings as they apply to the significant effects of the project are listed below. The findings ar e listed by number reference only in the appended table describing findings for the individual significant effects.

Finding 1 Changes or alterations to the project have been required of, or incorporated into, the project that will avoid or substantially less en the significant environmental effect, as identified in the Final EIR. (This is the finding made by the City for all but six of the significant or potentially significant environmental effects identified in the EIR.) Finding 2 Changes or alterations to the project that would avoid or substantially lessen the subject environmental effect are within the responsibility and jurisdiction of another public agency and not the City. Such changes or alterations have been adopted by such other agency, or can and should be adopted by such other agency. (This finding is not applied to any of the environmental effects identified in the EIR.) Finding 3 Mitigation measures or alternatives that would avoid or substantially lessen the subject environmental effect are infeasib le as a result of specific economic, legal, social, technological or other considerations. (This finding is applied to six of the environmental effects identified in the EIR, which were determine to be unavoidable and are the subject of the City’s Statement of Overriding Considerations.)
Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, CEQA Findings and Mitigation Monitoring Plan Page 3-1

3.0 MITIGATION MONITORING/REPORTING PROGRAM
CEQA requires more than just preparing environmental documents; it also requires the governmental agency to change or place conditions on a project, or to adopt plans or ordinances for a broader class of projects, which would address potential environmental impacts. To ensure that mitigation measures within the Lead Agency’s purview are actually implemented, CEQA requires the adoption of a mitigation monitoring and/or reporting program (MMRP). Specifically, CEQA Guidelines Section 15091(d) requires that a public agency, when making findings for the significant impacts of a project, “shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures." Mitigation measures that are not feasible, or are within the jurisdiction of other agencies, are addressed through the findings required by CEQA Guidelines Section 15091. The Mariposa Industrial Park involves one such mitigation measure. The Council’s certification of the EIR, and the approval of the project together with adoption of this document, will initiate implementation of the Mitigation Monitoring/Reporting Program for the project.

The EIR sets forth several mitigation measures that will be applicable to the project. The table shown in the Appendix summarizes the environmental effects that could result from approval of the proposed project as described in the EIR. The table identifies 1) each effect, 2) how each significant effect would be mitigated, 3) the responsibility for implementation of each mitigation measure, 4) the responsibility for monitoring of the mitigation measures, and 5) the City’s CEQA finding, the significance of the effect with mitigation and the source material for the finding. The table follows the same sequence as the impact analysis in the EIR. Reporting actions required to ensure that the mitigation measures are implemented are also described in the table.

The significance determination for each environmental effect evaluated in the EIR was based on one or more criteria for significance developed fro m guidance contained in the CEQA Guidelines, or other “significance thresholds” established by federal, state, regional, or local agencies:
• A “Significant” effect is a substantial adverse change in the environment (CEQA Guidelines Section 15382).
• A “Cumulatively Significant” effect is a substantial adverse change in the environment, which results from cumulative development in the City of Stockton.
• A “Potentially Significant” effect is one that is likely to cause future substantial adverse changes to the environment.

Exhibit 3 - Findings and MMRP Revised
Mariposa Industrial Park, CEQA Findings and Mitigation Monitoring Plan Page 3-2 • A “Significant and Unavoidable” effect is one for which there is no known or feasible mitigation.
• A “Not Significant” effect is one that may be adverse but does not exceed the defined significance threshold.

Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 1

4.0 AESTHETICS
There are no significant or potentially significant impacts in this issue area.

5.0 AGRICULTURE
Conversion of Farmland. This is a significant impact.

None feasible . 3 SU
Rationale:

DEIR, Pages 5-5
to 5-6

6.0 AIR QUALITY
Air Quality Plans and Standards- Operational Emissions. This is a significant issue.

All available mitigation measures are assigned to the project in the FEIR. There is uncertainty in terms of quantification as to the degree of impact reduction that will be achieved and whether impacts will be reduced to a Less than Significant level.
. 3 SU
Rationale:

DEIR, Pages 6-
14 to 6-16
Exposure of Sensitive Receptors to Criteria Pollutants
AIR-1: The project applicant, to reduce carbon monoxide concentrations to an acceptabl e level, sh all contribute fair-share costs to an improvement on the Mariposa Road and Carpent er Road intersection that would widen the northeast-bound Carpenter Road appr oach to in
clude an exclusive northeast-bound -to northwest-bound left-tu rn la ne, and a combined through/right-turn lane .

The applicant will be
responsible for payment of
fair share costs.

The Department of Public Works will
be responsible for ensuring that fair
share costs are paid prior to approval
of improvement plans.
3 SU
Rationale:

DEIR, Pages 6-
16 to 6-19
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 2

7.0 B IOLOGY
Special-Status Species and Habitats. This is a potentially significant issue BIO-1: The developer shall apply to the San Joaquin Council of Governments (SJCOG) for coverage under the San Joaquin County Multi-Species Open Space and Habitat Conservation Plan (SJMSCP).

The project site shall be inspected by the SJMSCP biologist, who will recommend which Incidental Take Minimization Measures (ITMMs) set forth in the SJMSCP should be implemented. The project applicant shall pay the required SJMSCP fee, if any, and be responsible for the implementation of the specified ITMMs.

The ODS will be responsible
for submitting the SJMSCP
coverage application,
payment of required fees
and implementation of
ITMMs. The ODS’
Engineer will be responsible
for incorporating ITMM
requirements in the project
plans and specifications.

The Contractor will be
responsible for adherence to
the plans and specifications,
hiring a qualified biologist if
required and implementing
the biologist
recommendations.

The Community Development
Department will verify that SJMSCP
coverage has been obtained and that
other mitigation measures have been
implemented as required by ITMMs.
1, NS
Rationale:

DEIR, Pages 7-
15 to 7-17
State and Federally Protected Wetlands. This is a potentially significant issue BIO-2: Prior to the start of construction work in the area where seasonal wetlands have been identified, the project developer shall conduct a wetland delineation identifying jurisdictional Waters of the U.S. and wetlands. The delineation shall be verified by the U.S. Army Corps of Engineers (Corps). The delineation shall be used to determine if any project work will encroach upon any jurisdictional water, thereby necessitating an appropriate permit. For any development work that may affect a delineated jurisdictional Water, the project developer shall obtain any necessary permits from the U.S. Army Corps of Engineers prior to the start of development work within these locations.

Depending on the Corps permit issued, the project applicant shall also apply for a Section 401 Water Quality Certification from the Central The ODS will be responsible
for obtaining the required
wetland delineation and
verification, for proposing
adequate mitigation, for
obtaining required permits
and providing proof of
issuance to the City.

The City will be responsible for
ensuring that the wetland delineation
has been completed, required permits
have been issued and that specified
mitigation measures are incorporated
into project plans and specifications.
1, NS
Rationale:

DEIR, Pages 7-
17, 7-19
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 3 Valley Regional Water Quality Control Board. If the seasonal wetlands are avoided, or if phased development occurs in areas where no wetlands have been identified, then this mitigation measure does not apply.

BIO-3: Prior to the start of construction work in North Littlejohns Creek, the project developer shall obtain any necessary permits from the California Department of Fish and Wildlife and the Central Valley Flood Protection Board. The project developer shall comply with all conditions attached to any required permit.

The ODS will be responsible
for obtaining the required
permits and providing proof
of issuance to the City.

The City will be responsible for
ensuring that required permits have
been issued.
1, NS
Rationale:

DEIR, Pages 7-
17, 7-19
BIO-4: Prior to the start of construction work in the area where seasonal wetlands have been identified, the project developer shall obtain any necessary Waste Discharge Requirements from the Central Valley Regional Water Quality Control Board. Pursuant to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan, the filling of seasonal wetlands containing vernal pool invertebrates shall be delayed until the wetlands are dry and SJCOG biologists can collect the surface soils from the wetlands, to store them for future use on off-site seasonal wetland creation on SJCOG preserve lands. If the seasonal wetlands are avoided, then this mitigation measure does not apply.

The ODS will be responsible
for obtaining Waste
Discharge Requirements if
necessary and for timing of
fill in coordination with the
SJCOG biologists.

The City will be responsible for
ensuring that Waste Discharge
Requirements have been obtained and
that seasonal wetland fill is
coordinated with SJCOG.
1, NS
Rationale:

DEIR, Page 7-
17- 7-19
Local Biological Requirements
BIO-5: If removal of any oak tree on the project site is required, a certified arborist shall survey the oak trees proposed for removal to determine if they are Heritage Trees as defined in Stockton Municipal Code Chapter 16.130. The arborist report with its findings shall be submitted to the City’s Community Development Department. If Heritage Trees are determined to exist on the property, removal of any such tree shall require a permit to be issued by the City in accordance with Stockton Municipal Code Chapter 16.130. The permittee shall comply with all permit conditions, including tree replacement at specified ratios.

The ODS will be responsible
for surveying oak trees to be
removed, preparation of an
arborist report and obtaining
permits for removal of
Heritage trees, if any.

The City will be responsible for
review of the arborist report and
ensuring that any necessary tree
removal permits have been obtained.
1, NS
Rationale:

DEIR, Pages 7-
17, 7-20
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 4

8.0 CULTURAL RESOURCES
Archaeological and Tribal Cultural Resources. This is a potentially significant issue.

The ODS’ Engineer will be
responsible for incorporating
these requirements in the
project plans and specifi-
cations. The Contractor will
be responsible for reporting
discoveries to the City, for
hiring a qualified
archaeologist to analyze the
discovery and coordinate
with Native American tribes
as necessary, and for
implementing the
archaeologist’s treatment
recommendations.

The City will be responsible for
ensuring that cultural resource
requirements have been incorporated
into project plans and specifications
and that discovery reports are
properly documented.
1, NS
Rationale:

DEIR, Pages 8-
7, 8-7
CULT-1: If any subsurface archaeological resources, including human burials and associat ed funerary objects, are encountered during const
ruction, all construction activities within a 50-foot radius of the encounter shall be immediately halted until a qu alified a rchaeologist can examine these materials and evaluate their significance. The City sha
ll be immediately notified in the event of a discovery. If burial resources or tribal cul tural resources are discovered, the City shall notify the appropr iate tribal representative, who may examine the materials with the archaeologist and advise the City as to their significance.

The archaeologist, in consultation with the tribal representative if contacted, shall recommend mitigation measures needed to reduce potential cultural resource ef fects to a level that is less than significant in
a written report to the City, with a copy to the tribal representative.

The City shall be responsible for implementing the report recommendations. Avoidance is the preferred means of disposition of tribal cultural resources. The contractor shall be responsible for retaining qual ifi ed pro fes sionals, implementing recommended mitigation measures, and documenting mitigation efforts in written reports to the City.

Human Burials. This is a potentially significant issue.

CULT-2: If project construction encounters evidence of human burial or scattered human remains, the contractor shall immediately notify the County Coroner and the City, which shall in turn notify the appropriate tribal r
epresentative. The City shall notify other federal and State agencies as required. The City will be responsible for compliance w ith the requirements of Californi a Health and Safety Code Section 7050 .5 and with any direction provided by the County C oroner.

The ODS contractor will be
responsible for suspending
construction activity if
human remains are
encountered, reporting finds
to the City and County
Coroner and retaining a
qualified archaeologist to
The City will be responsible for
responding to reports of burial or
human remain finds as required,
including notification of and
coordination with Native American
representatives.
1, NS
Rationale:

DEIR, Pages 8-8
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 5 If the human remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission, which will notify and appoint a Most Likely Descendant.

The Most Likely Descendant will work with the archaeologist to decide the proper treatment of the human remains and any associated funerary objects in accordance with California Public Resources Code Sections 5097.98 and 5097.991. Avoidance is the preferred means of disposition of the burial resources.
evaluate the find and
provide a written report to
the City. The City will be
responsible for notifying
Native American
representatives and for
overseeing compliance with
Public Resources Code
requirements.

9.0 GEOLOGY, SOILS, AND MINERAL RESOURCES
Impact GEO-5: Paleontological Resources and Unique Geological Features.

GEO-2: If any subsurface paleontological resources are encountered during construction, all construction activities within a 50-foot radius of the encounter shall be immediately halted until a qualified paleontologist can examine these materials, initially evaluate their significance and, if potentially significant, recommend measures on the disposition of the resource. The City shall be immediately notified in the event of a discovery. The contractor shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in written reports to the City.

The ODS will be responsible
for incorporating
requirements in project
plans and specifications. The
ODS contractor will be
responsible for suspending
construction activity if
paleontological resources
are encountered, reporting
finds to the City and
retaining a qualified
paleontologist to evaluate
the find and provide a
written report to the City.

The City will be responsible for
ensuring that paleontology
requirements have been incorporated
into project plans and specifications
and that discovery reports are
properly documented.
1, NS
Rationale: DEIR

Page 9 ends

10.0 GREENHOUSE GAS EMISSIONS
Impact GHG-1: Project GHG Construction Emissions and Consistency with Applicable Plans and Policies. This is a potentially significant impact.

Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 6 GHG-1: The project shall implement the Off-Road Vehicles Best Management Practices specified in the Stockton Climate Action Plan.

At least three (3) percent of the construction vehicle and equipment fleet shall be powered by electricity. Construction equipment and vehicles shall not idle their engines for longer than three (3) minutes.

The ODS’ Engineer will be
responsible for incorporating
these requirements in the
project plans and specifi-
cations. The contractor will
be responsible for
periodically reporting
compliance with these
conditions to the
Community Development
Department.

The City will be responsible for
overseeing implementation of these
requirements and review and
acceptance of written reports.
3, SU
Rationale: DEIR
Pages 10-9

11.0 HAZARDS
There are no significant or potentially significant impacts in this issue area.

12.0 HYDROLOGY AND WATER QUALITY
There are no potentially significant or significant impacts in this issue area.

13.0 L AND USE AND PLANNING
There are no potentially significant or significant impacts in this issue area.

14.0 NOISE
Increase in Noise Levels in Excess of Standards-Traffic. This is a significant issue.

None available 3, SU
Rationale: DEIR
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 7 Pages 14-9 to
14-10
Increase in Noise Levels in Excess of Standards-Other Project Noise. This is a potentially significant issue.

NOISE-1: Sound walls and/or berms 10 feet in height shall be required whe
re existing residential uses or residentially zoned areas are located adjacent to the project site. Figure 3 of the project noise s tudy (Figure 14-
2 of this EIR the DEIR) shows the locations of the recommended sound walls based on the proposed concept ual plan. Where openings i n sound walls occur for access or emergency access, solid gates shall be installed. 10-foot sound walls are expected to provide a 10 dB redu
ction in noise levels. Site plan modifications, and/or a dd itional noi
se analysis by a qual ified acoustical consultant may warra nt changes to these requirements, assuming that com pliance with City noise standards is maintained.

The ODS engineer will be
responsible for incorporating
noise wall requirements in
the project plans and
specifications. The ODS will
be responsible for retaining
a noise consultant to review
and recommend alternative
noise wall requirements as
appropriate.

The Community Development
Department will be responsible for
ensuring that noise wall requirements
are met in project plans and
specifications and for review and
approval of any proposed noise wall
modifications,
1, NS
Rationale: DEIR
Pages 14-10 to
14-11
Increase in Noise Levels in Excess of Standards-Construction. This is a potentially significant issue.

NOISE-2: Construction activities associated with the project shall adhere to the requirements of the Ci ty of Stockton Municipal Code with respect to hours of operation. The applicant shall ordinarily limit construction activities to the hours of 7:00 a.m. to 7:00 p.m., Monday thr
ough Saturday. No construction shall occur on Sundays or national holi
days without a written permit from the City. All construction equipment shall be i n good working order and shall be fitted with factory-equipped mufflers.

The ODS engineer will be
responsible for incorporating
these requirements in the
project plans and
specifications. The
Contractor will be
responsible for conformance
with noise requirements.

The Community Development
Department will be responsible for
monitoring compliance with these
requirements.
1, NS
Rationale: DEIR
Pages 14-11 to
14-12

15.0 PUBLIC SERVICES AND RECREATION
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 8 There are no potentially significant or significant impacts in this issue area.

16.0 TRANSPORTATION
Motor Vehicle Transportation Plans-Intersections. The project would have no significant effects in this issue are. The project traffic study recommends the following roadway improvements
RECOMMENDED TRANSPORTATION IMPROVEMENTS.

RTI #1: The project applicant should contribute fair -share costs to an improvement on the Mariposa Road and 8th St reet/Farmington Road intersection that would split the northeast-bound combined thro
ugh/right-turn lane into an exclusive northeast-bound through lane and
a “free” northeast-bound-to-southeast-bound right-turn lane.

Existing pavement wid th is considered adequate to accommodate t his improvement.

RTI #2: The project applicant should contribute fair -share costs to an improvement on the Mariposa Road and Carpenter Road intersection that would widen the northeast-bound Carpenter Road appr oach to include an exclusive northeast-bound-to northwest-bound left-turn lane, and a combined t hrough/right -turn lane. (See also Mitigation Measure AIR
-1 in Chapt er 6.0, Air Quality.)
The ODS should pay
proportionate share costs or
signal design and
construction as appropriate.

The Public Works Department will be
responsible for determining that
appropriate proportionate share costs
are paid, for determining if
signalization improvements need to
be made, and for approval of plans
and specifications.

N/A
Rationale: DEIR
Pages 16-17 to
16-19
Motor Vehicle Transportation Plans-Roadway Segments. The project would have no significant effects in this issue are. The project traffic study recommends the following roadway improvements
RECOMMENDED TRANSPORTATION IMPROVEMENT.

RTI #3: The project applicant should contribute fair -share costs to an improvement on the segment of M aripos a Road from SR 99 to 8th Street/Farmington Road that would widen the portions of this roadway segment that are currently one lane in each direction to two lanes in each di
rection.

The ODS should pay
proportionate share costs of
signal design and
construction as appropriate.

The Public Works Department will be
responsible for determining that
appropriate proportionate share costs
are paid, for determining if
signalization improvements need to
be made, and for approval of plans
and specifications.

N/A
Rationale: DEIR
Pages 16-19 to
16-21
Exhibit 3 - Findings and MMRP Revised
Impact/Mitigation Measures Implementation Responsibility Monitoring/Reporting Responsibility
CEQA Finding,
Significance with
Mitigation,
Sources
Mariposa Industrial Park, Findings and Mitigation Monitoring/Reporting Table Appendix, Page 9 Consistency with CEQA Guidelines Section 15064.3(b). This is a significant impact.

TRANS-1: The project shall provide "end-of-trip" facilities for bicycle riders to encourage the use of bicycling as a viable form of travel to destinations, especiall y to work. End-of -trip facilities shall include showers, secure bicycl e lockers, and changing space s.

TRANS-2: The project shall implement an employer-sponsore d vanpool or
shuttle. A vanpool will usually service employees’ com mute to work, while a shuttle will service nearby transit st ations and surrounding commercial centers. Employer-sponsored vanpool progr
ams entail an employer purchasing or leasing vans f or employee use,
and often s ubsidizi ng the cost of at least program administration.

Scheduling is within the employer’s purview, and rider charges shall be set on the basis of vehicle and operating cost.

The ODS tenants will be
responsible for conformance
with these requirements as
appropriate, and for
reporting compliance to the
City.

The Community Development
Department will be responsible for
determining that requirements have
been met.
3, SU
Rationale: DEIR
Pages 16-24 to
16-26

17.0 UTILITIES AND ENERGY
There are no potentially significant or significant impacts in this issue area.

Exhibit 3 - Findings and MMRP Revised

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