Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE SIERRA CLUB AND GREENLAW PARTNERS, LLC AND A MEMORANDUM OF UNDERSTANDING WITH THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 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; 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. A Mitigation Monitoring and Reporting Program has been prepared as well as a Statement of Overriding Consideration (SOC) for environmental effects of the project that are unable to be fully mitigated; 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 prior to acting on this request, the Planning Commission considered and recommended certification of a Final 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 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 Following discussion and negotiations between the Sierra Club, the State of California Attorney General’s Office, the City, and the Applicant, an agreement was reached; and A Settlement Agreement memorializing the terms agreed to by the Sierra Club, the City, and the Applicant was drafted and reviewed by all parties; and A Memorandum of Understanding memorializing the terms agreed to by the State of California Attorney General’s Office and the City was drafted and reviewed by both parties; and On December 6, 2022, the City Council convened a public hearing regarding the Planning Commission’s decision. 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 Final Environmental Impact Report with Statement of Overriding Considerations, Findings, and Mitigation Monitoring and Reporting Program has been prepared for the project.
A Settlement Agreement with the Sierra Club and applicant is approved and incorporated by this reference as Exhibit 1.
A Memorandum of Understanding with the State of California Department of Justice Attorney General is approved and incorporated by this reference in Exhibit 2.
The City Manager and City Attorney are 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