Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT (SCH #2020120283), STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A PROPOSED INDUSTRIAL DEVELOPMENT AT 5110, 5150, 5268, 5280, AND 5290 MARIPOSA ROAD, 4500 EAST CLARK ROAD, AND 4600 AND 4610 MARFARGOA DRIVE (APPLICATION NO. P20-0805) On October 19, 2020, the applicant, Greenlaw Partners, LLC submitted a request for a Development Agreement and Prezoning of Assessor’s Parcel Numbers (APNs) 179- 220-10; -11; -12; -13; -16; -17; -18; -19; -24 to the Industrial, Limited (IL) zoning designation for the purposes of future industrial development. The nine (9) legal parcels combined total approximately 203.48 acres and would be developed for future industrial and warehouse uses. While the design and size of the future buildings will be determined in the subsequent Site Plan Review and Design Review processes required prior to construction, at full buildout, these facilities could total approximately 3.6 million square feet distributed amongst seven (7) buildings; and On December 14, 2020, a Notice of Preparation (NOP) was distributed for public review and comment, to evaluate if an Environmental Impact Report (EIR) would be required for the project, and what should be evaluated. The State Clearinghouse subsequently transmitted the NOP to State agencies on December 16, 2020. The City’s NOP period closed on January 12, 2021, and the State Clearinghouse review period closed on January 14, 2021; and A Draft Environmental Impact Report (EIR) was prepared for the project, in accordance with the California Environmental Quality Act (CEQA) and distributed locally and through the State Clearinghouse for agency and public comments between August 24, 2021, through October 7, 2021. The Draft EIR identified potentially significant environmental impacts which could occur from development of the Project, and where feasible, application of mitigation measures that would reduce the impacts to a level of less than significant; and The Draft EIR addressed environmental impacts associated with the proposed Project that are known to the City, and that were raised during the NOP process, or that were raised during the preparation of the Draft EIR. The Draft EIR discussed potentially significant impacts associated with; Aesthetics and Visual Resources; Agricultural Resources; Air Quality; Biological Resources; Cultural Resources/Tribal Cultural Resources; Geology and Soils; Greenhouse Gas Emissions; Noise; and Transportation. After analysis, mitigation measures were applied to lessen any significant impacts that resulted from the annexation and prezone request; and No new significant environmental impacts or issues, beyond those already covered in the Mariposa Industrial Park DEIR, were raised during the 45-day comment period. Responses to comments received during the comment period do not involve any new significant impacts or add “significantly new information” that would require recirculation of the DEIR pursuant to CEQA Guidelines section 15088.5. Pursuant to CEQA Guidelines section 15088, all substantive comments are responded to in the Final EIR. Comments received were from; and A total of six (6) written communications, were received during the review period, from: the California Air Resources Board, received October 8, 2021; the San Joaquin Valley Air Pollution Control District, received October 7, 2021; the California Department of Justice, received October 7, 2021, the Montezuma Fire District, received January 7, 2022; the San Joaquin County, received January 7, 2022; and the Sierra Club, Motherlode Chapter, received January 17, 2022; and The comments contained in the six (6) written communications have been responded to by the City’s environmental consultant as part of the Final EIR, and, where appropriate, modifications have been made to the Draft EIR. Most impact issue areas will be less than significant with mitigation. For this, a Mitigation Monitoring and Reporting Program has also been prepared; and The Draft EIR also determined that there are six (6) potential environmental effects of the Mariposa Industrial Park Project, that are potentially significant and unavoidable, or cannot be mitigated to a Less than Significant or substantially reduced by the available mitigation measures documented in the EIR, and that require a Statement of Overriding Considerations (SOC). The SOC describes the anticipated economic, legal, social, technological and/or other benefits or considerations that warrant the City Council’s decision to approve the project, even though all the environmental effects of the project are not fully mitigated; and The significant and unavoidable impacts identified in the SOC relate to Agricultural Land Conversion, impacts to: the Conversion of Farmland; Air Quality Plans and Standards for Operational Emissions; Exposure of Sensitive Receptors to Criteria Pollutants; Project Greenhouse Gas (GHG) Construction Emissions and Consistency with Applicable Plans and Policies; Increase in Noise Levels in Excess of Standards related to Traffic; and, Consistency with CEQA Guidelines Section 15064.3(b), which relates to the determination of the significance of transporation impacts. Because no other feasible mitigation measures are available for these items, the City Council must adopt a Statement of Overriding Considerations with supportive findings; and In accordance with CEQA Guidelines sections 15092, 15093, and 15094, the Planning Commission must consider the EIR before acting on the Project. An approval recommendation to certify the EIR and Statement of Overriding Considerations is presented, including the adoption of a corresponding Mitigation Monitoring and Reporting Program (MMRP). The Planning Commission is requested to make a recommendation to the City Council to certify the EIR and adopt the Statement of Overriding Considerations per the CEQA Findings; and On March 10, 2022, the Planning Commission conducted a public hearing on the application, in compliance with SMC Section 16.88.040, at which point all persons wishing to be heard were provided such opportunity; and At the March 10, 2022, public hearing, and prior to acting on this request, the Planning Commission considered and recommended certification of an EIR (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 scheduled City Council public hearing for April 19, 2022, 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 they did not trigger changes or reevaluation of the existing technical studies prepared, thus the DEIR was not required to be recirculated; and On December 6, 2022, the City Council convened a public hearing regarding the Planning Commission’s decision. At this meeting, the City Council considered the requested recommendations of the Planning Commission based on the findings indicated in said resolution; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The foregoing recitals are true and correct and are incorporated by this reference.
2. Based on its review of the entire record herein, the City Council finds:
a. A Draft Environmental Impact Report (EIR) was prepared for the Project, in accordance with the California Environmental Quality Act (CEQA). b. The Draft EIR identified potentially significant environmental impacts which could occur from development of the Project, and, where feasible, application of mitigation measures that would reduce the impacts to a level of less than significant. c. Potentially significant environmental impacts identified where mitigation measures were not feasible, resulting in the creation of potentially significant and unavoidable environmental impacts. Most potentially significant effects were identified and paired with feasible mitigation measures to reduce them to less than significant levels. d. A Statement of Overriding Considerations is needed to accommodate the six (6) significant and unavoidable impacts identified in the SOC relating to 1) the Conversion of Farmland; 2) Air Quality Plans and Standards for Operational Emissions; 3) Exposure of Sensitive Receptors to Criteria Pollutants; 4) Project Greenhouse Gas (GHG) Construction Emissions and Consistency with Applicable Plans and Policies; 5) Increase in Noise Levels in Excess of Standards related to Traffic; and 6) Consistency with CEQA Guidelines Section 150645.3(b), which relates to the determination of the significance of transporation impacts.Because no other feasible mitigation measures are available for these items, the City Council must adopt a Statement of Overriding Considerations with supportive findings.
Based on its review of the entire record herein, including the March 10, 2022 Planning Commission staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council finds that the Final Environmental Impact Report for the Mariposa Industrial Park project (SCH #2020120283) has been completed in accordance with the requirements of the California Quality Act (CEQA), CEQA Guidelines, and Stockton Municipal Code (SMC) Section 16.88.040 (Environmental Determination); and The City Council finds that the EIR has been presented to it, that the Planning Commission has reviewed the EIR and has considered the information contained in the EIR prior to recommending certification to the City Council on the proposed Project, and that the EIR reflects the City Council and Planning Commission’s independent judgement and analysis; and Pursuant to CEQA Guidelines section 15164, and in support of approval of the Project, the City Council certifies the Environmental Impact Report, attached as Exhibit 1, including its accompanying Findings of Fact, attached as Exhibit 2, and Mitigation Monitoring and Reporting Program, attached as Exhibit 3 and incorporated herein; and The City Council hereby authorizes the Community Development Department, upon approval of the Project, to file a Notice of Determination with the County Clerk of San Joaquin County and State Office of Planning and Research pursuant to CEQA section 21152; and //
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Pursuant to CEQA section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council’s decision is based are located in and may be obtained from, the Office of the City Clerk at 425 N. El Dorado Street, 1st Floor, Stockton, CA 95202; the City Clerk is the custodian of records for all matters before the City Council.
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