ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT AND DENSITY TRANSFER AGREEMENT BETWEEN A.G. SPANOS CONSTRUCTION INC. AND THE CITY OF STOCKTON FOR THE A.G. SPANOS BUSINESS PARK MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS
Pursuant to Stockton Municipal Code section 16.128.080, the City Council of the City of Stockton hereby finds:
The Development Agreement and Density Transfer Agreement amendment is in the City’s best interests, as it would directly promote housing and economic opportunities associated with new housing units. The amendment would obligate have the applicant to develop 627 new high-density residential units or pay a fee of two thousand dollars ($2,000.00) per unit to the City or a non-profit organization for an estimated total of $1,254,000. This will benefit the community by increasing the variety and affordability of housing units, constructing new public infrastructure, and providing new construction jobs.
The Development Agreement and Density Transfer Agreement amendments comply with the City Development Code and other applicable ordinances and regulations, particularly the regulations of Chapter 16.128 pertaining to development agreements. The amendments will not impact the approved project nor result in a physical environmental change. The Master Development Plan for the area will remain.
The Development Agreement and Density Transfer Agreement amendments are consistent with the land uses, objectives, policies, and programs of the General Plan, and original DA/DTA approval. General Plan compliance includes providing housing towards meeting the City Regional Housing Needs Allocation, providing infrastructure to greenfield areas (LU-6.1E), and providing civic amenities like open space and parks (LU-3.3E). The amended Development Agreement and Density Transfer Agreement would permit the applicant more time to establish the housing or fee payment opportunities in Stockton, consistent with the General Plan goals and policies.
The Development Agreement and Density Transfer Agreement amendments will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare in that projects constructed pursuant to it are required to comply with all health and safety regulations, zoning requirements, infrastructure provisions, and General Plan policies. Future construction to implement the project would include enhanced flood protection measures, new open space and trail connections, and new streets that would include lighting and pedestrian access throughout the project.
The Development Agreement and Density Transfer Agreement amendments comply with the conditions, requirements, restrictions, and terms of Stockton Municipal Code section 16.128.060(B) (Preparation and Content - Proposed Development Agreement).
While the Development Agreement and Density Transfer Agreement amendments themselves are exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines per section 15061(b)(3) (General Rule), the Project EIR anticipated potential impacts and proposed mitigation measures that have been incorporated to mitigate all identified impacts to a less-than-significant level. The EIR is also referenced in the DA to ensure compliance by the Applicant.
SECTION II. DEVELOPMENT AGREEMENT
Pursuant to Stockton Municipal Code section 16.128.070, the Stockton City Council has conducted a public hearing and hereby approves the amendments to the Development Agreement and Density Transfer Agreement for the Spanos Park West Master Development Plan Project, attached as Exhibit 1, to be executed, based on the above findings.
SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted. //
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SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
ATTEST:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton