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 NUMBERS 179-220-10; -11; -12; -13; -16; -17; -18; -19; and -24, ABUTTING PORTIONS OF MARIPOSA ROAD WITH RELATED CITY SERVICES PLAN, INCLUDING DETACHMENT FROM THE MONTEZUMA FIRE DISTRICT, AND AN AMENDMENT TO THE SPHERE OF INFLUENCE AND MUNICIPAL SERVICE REVIEW REPORT On October 19, 2020, the applicant, Greenlaw Partners, LLC submitted a request to, amongst other requests, to annex Assessor’s Parcel Numbers (APNs) 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24, abutting portions of Mariposa Road; 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 APNs 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24 to Industrial, Limited (IL) Zone; and The annexation action would also include the applicant’s requested detachment from the Montezuma 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 The General Plan illustrates the City’s anticipated 20-year growth within the approved planning boundaries. State law requires the City to prepare a Sphere of Influence and Municipal Service Review (SOI/MSR) report to assess services (fire, police, schools, utilities, etc.) for the anticipated General Plan growth. The SOI/MSR includes a section highlighting the City’s anticipated 10-year growth through pending project approvals and areas of interest; and As the proposed annexation was not anticipated in the SOI/MSR 10-year Planning Horizon, the Applicant has proposed changes to include the Project as part of that analysis. As the 10-year growth plan merely illustrates potential growth within a 10-year timeframe, it will not impact the City’s ability to service the project site as the project is consistent with the General Plan land use; and On March 10, 2022, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) section 16.116.040(D), to consider the proposed Prezoning, at which all interested parties had the opportunity to be heard; and On March 10, 2022, and prior to acting on this request, the Planning Commission considered, and recommended adoption of an Environmental Impact Report (SCH #2020120283) prepared pursuant to the California Environmental Quality Act (CEQA); and On April 19, 2022, the State of California Department of Justice Attorney General’s Office and the Sierra Club provided communication to staff related to concerns with the environmental effects of the project immediately before the public hearing was scheduled to occur. Based on the communication received, Staff elected to postpone the public hearing to a future date; and The Attorney General’s Office and the Sierra Club presented additional mitigation measures which were evaluated and incorporated into the document where appropriate, however did not cause changes or reevaluation of the existing technical studies prepared, thus the DEIR was not required to be recirculated; and On November 15, 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:
Annexation:
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.
APNs 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24 have 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 Environmental Impact Report prepared for the overall project, includes 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 (2) 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 as Industrial. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the IL Zone is compatible with Industrial 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 industrial land use in a vacant and contiguous location to the existing City limits.
Detachment and Rural Fire Agreements
The proposal is contiguous to existing County boundaries or other jurisdiction(s) party to the detachment or reorganization; The County Surveyor has determined that the boundaries of the proposal are definite and certain; The proposal does not split lines of assessment or ownership; The proposal does not create islands or areas in which it would be difficult to provide appropriate services; The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan, any applicable specific plan or master development plan, and other adopted goals and policies of the City and other applicable jurisdiction(s); and The City Manager is hereby authorized and directed to execute on behalf of the City, the Agreement between the City of Stockton, Greenlaw Partners, LLC, and/or current owner of the subject properties (APNs 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24), and Montezuma Fire Protection District regarding detachment of property from the District to the City of Stockton, as illustrated on Exhibit 3 and incorporated herein by reference.
As referenced above, per SMC 16.216.070(H)(2), all findings of fact can be made to approve the annexation request.
The foregoing recitals are true and correct and incorporated here by reference; and The City Council accepts the updated 2020 Sphere of Influence/Municipal Service Review report 10-year plan amendment; and An Environmental Impact Report with Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program has been prepared for the project; and The City Manager is authorized to file with the San Joaquin County Local Agency Formation Commission, as described in Exhibit 1 (City Services Plan), Exhibit 2 (Prezone Description and Annexation Boundary), and Exhibit 3 (City Services Plan), to execute a Detachment agreement on behalf of the City between the City of Stockton, the Applicant, and Montezuma Fire District regarding detachment of property from the District to the City of Stockton, and make an amendment to the 2020 Sphere of Influence/Municipal Service Review report 10-year plan (Exhibit 4).
The San Joaquin County Local Agency Formation Commission is hereby requested to approve the above-noted annexation of territory to the City of Stockton as depicted on Exhibit 2. //
//
The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED December 6, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton