ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW INDUSTRIAL WAREHOUSE DEVELOPMENT STANDARDS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
SECTION I: FINDINGS AND INTENT
The City Council is authorized by section 16.212.030 of the Stockton Municipal Code (SMC) to adopt amendments to Title 16 (Development Code) based on the Mandatory Findings of Fact for Development Code Amendments per SMC 16.116.050.
Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.
Evidence: The proposed amendments to Title 16 are needed for consistency with General Plan policies to provide enhanced development measures to mitigate potential environmental impacts from future projects. These amendments are internally consistent with all policy and supportive regulatory documents.
Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.
Evidence: The purpose of the proposed amendments is to comply with the General Plan policies to proactively mitigate potential impacts. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as they will not result in a physical change in the environment. Future proposals will be reviewed for their compliance with all federal, state, and local standards.
Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Evidence: The proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), (Common Sense Exemption) and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan).
For Section 15061(b)(3) Exemption (General Rule “Common Sense”) CEQA requires the analysis of agency approvals for discretionary actions that could lead to a direct or indirect physical change in the environment. The proposed Project involves discretionary amendments to the Stockton Municipal Code (SMC) but is exempt from CEQA review as it would not significantly impact the environment. The zoning code amendments would amend the City’s zoning standards to add enhanced development standards to logistics warehouses. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. The Project is exempt from CEQA because it would not significantly affect the environment.
For Section 15183 (General Plan Consistency) Exemption
The General Plan Environmental Impact Report (GPEIR) was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062). The proposed code amendments would amend the City’s zoning standards to add enhanced development standards to logistics warehouses. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GPEIR. Therefore, no additional environmental review is required per CEQA Guidelines section 15183 (Consistency with General Plan or Community Plan).
Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.
Evidence: The proposed amendments are needed to implement General Plan policies to provide enhanced development measures to mitigate potential environmental impacts from future projects. These amendments are internally consistent with all policy and supportive regulatory documents. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as they will not result in a physical change in the environment. Future proposals will be reviewed for their compliance with all federal, state, and local standards.
SECTION II: AMENDMENT OF CODE
Title 16, Chapter 16.80 (Standards for Specific Land Uses) of the Stockton Municipal Code (SMC) is amended to add a new Section 16.80.390 (Logistics Warehouses) to read, as follows:
16.80.390 Industrial Warehouse Standards
This section establishes standards for logistics warehouses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
Applicability. The standards will apply to the following applications:
logistics warehouses 100,000 square feet in size or greater, unless specified otherwise in Section 16.80.390.
Development Standards.
Site Plan Design. The following standards shall apply to all entitlement reviews (site plan), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
Building Setbacks: 2:1 ratio of building setback to building height shall be required when adjacent to sensitive receptors.
Loading Dock Setback: Unless determined to be physically impossible, when adjacent to sensitive receptors, a 300-foot buffer shall separate all truck loading docks unless the areas within the 300-foot buffer utilize zero emission trucks and equipment.
A sensitive receptor shall be defined as schools, health care facilities, libraries, churches, correctional facilities, parks/recreational facilities, in home daycare, health facilities (hospitals, long term care facilities, retirement, and nursing homes) or more than two directly contiguous residential units.
A 40-foot landscaped planter (buffer) shall be installed along the property line adjacent to a sensitive receptor. The buffer shall be landscaped and not be less than 50% of the total buffer size with two rows of 15-gallon trees planted along the length of the property line adjacent to the sensitive receptor.
The buffer landscape can include areas to be used for bioswales, retention/detention areas and/or other stormwater and water quality management areas in compliance with SMC Section 16.56 (Landscaping).
The buffer area shall include a minimum 10-foot solid decorative wall(s), or landscaped berm and wall, or landscaped berm adjacent to sensitive receptors unless a noise analysis indicates an alternative height is needed for sound attenuation.
All on and off-site landscaping shall comply with SMC Chapter 16.56 (Landscaping).
All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth with no undue pruning.
Tree maintenance shall comply with SMC Section 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
Trees shall be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within fifteen years. Trees shall be planted that can meet this requirement. If solar panels are installed in parking areas, the shade area created by the panels shall be counted toward the 35% shade cover of passenger vehicular parking areas, in lieu of trees.
Electric Vehicle Chargers Stations (EVCS) Infrastructure for Trucks: provide conduits to provide EVCS to meet future needs. Conduit should be provided on the site to serve 50% of the number of truck docking stations. Location of conduit is at the discretion of the developer (e.g., truck trailer parking spaces or docking stations).
Electric charging facilities shall be provided onsite sufficient to charge all electric automobiles, and electric trucks domiciled on the site, unless otherwise prescribed in Section 16.80.390.
All truck turning movements at entrances, exits, and street intersections shall be located on local industrial, collector or arterial streets and all vehicle entries shall be designed to prevent truck access to local and back-up residential collector streets.
All trucks and commercial vehicles serving the facility shall occur in compliance with the City of Stockton Truck Traffic Route Map in SMC 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
Off-street loading shall comply with Section 16.64.110 Off-street loading space standards and Section 16.36.30 to ensure driveway access and onsite circulation are designed and maintained to increase public safety and reduce congestion on public streets.
Signs shall be posted inside and outside of the building and facility indicating all off-site parking is prohibited for adjacent street that do not permit parking.
All truck driveway exits shall include signs directing truck drivers to the truck routes identified in the City of Stockton Truck Traffic Route Map and State Highway System designations.
Upon commencement of operations, the tenant/operator of the facility shall be required to restrict truck idling on site to a maximum of three (3) minutes, subject to exceptions defined by CARB’s commercial vehicle idling requirements.
Building Design. The following standards shall apply to all entitlement reviews (design review), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
All qualifying facilities shall be constructed using “cool roof” materials with an aged reflectance and thermal emittance values that are equal to or greater than those specified in the current edition of the California (CAL) Green Building Tier 1 Standards.
Architectural and industrial coatings (e.g. paints) applied on the qualifying facility(ies) shall be consistent with the Volatile Organic Compound (VOC) content limits set by the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen), whichever is most restrictive. Developer or tenant is not required to exercise control over materials painted offsite.
Logistics warehouses 400,000 square feet and greater shall meet the Tier 1 energy efficient standards of the CALGreen Code Divisions A5.1, A5.2, and A5.5.
The building permit application for qualifying facilities must demonstrate sufficient solar panels to provide power for the operational base power use at the start of operations. When available, applicant’s will be permitted to utilize “clean energy” sources in-lieu of providing onsite energy production. “Clean Energy” sources include programs such as, but not limited to, Ava Community Energy.
Operational base power is defined as the amount of power required to supply loads for all ordinary operational uses of the site. Loads for all ordinary operational uses of the site include, as non-exhaustive examples, loads for minimal heating for fire sprinklers, primary office space lighting, HVAC, warehouse power, warehouse lighting, site lighting, minimum power for dock positions (including chargers for yard equipment and any plug-ins for transport refrigeration units), and the amount of light-duty electric vehicle supply equipment required by CalGreen code. Loads for all ordinary operational uses of the site exclude, as non-exhaustive examples, loads for specialized equipment, non-standard automation or material handling systems, and chargers for heavy-duty trucks.
Projects shall be allowed to utilize alternative energy means that achieve comparable energy or greenhouse gas offsets. This includes Near Zero Emission (NZE) technology when commercially available.
Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.
Tenant/Operator of the qualifying facility(ies) shall enroll and participate in the United States Environmental Protection Agency’s SmartWay program. Proof of enrollment shall be given to the Community Development Department prior to issuance of a Certificate of Occupancy of a Building Permit for the facility.
Construction Permit Approval. The following standards shall apply to all construction related activity associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
Qualifying facilities shall comply with the San Joaquin Valley Air Pollution Control District (SJVAPCD) requirements prior to beginning construction.
All off-road construction equipment, with a power rating of less than 19 kilowatts (e.g., plate compactors, pressure washers) shall be electric powered, battery-powered, natural gas, or hybrid if commercially available.
Subject to all other idling restrictions, off-road diesel-powered construction equipment shall not be left in the “on position” for more than 10 hours per day.
Temporary electrical hookups to all construction yards and associated work areas shall be required.
Temporary signage shall be posted in public view throughout the construction site indicating truck idling lasting more than five (5) minutes is prohibited. The signs shall include contact information for the facility operator or designee responsible for receiving complaints (i.e. excessive dust, fumes, odors) for the site, and contact information for the San Joaquin Valley Air Pollution Control District’s on-line complaint system and its complaint call-line for those interested in filing a complaint. Any complaints made to the facility operator’s designee shall be answered within 72 hours of receipt.
The construction contractor(s) shall maintain on the construction site an inventory of construction equipment, maintenance records, and datasheets, including design specifications and emission control tier classifications.
The facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.
The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.
On-Going Operations: The following standards shall be implemented during all on-going business.
All forklifts, yard trucks, and other equipment used for on-site movement of trucks, trailers and warehoused goods, as well as landscaping maintenance equipment used on the site, shall be electrically powered or zero-emission unless new technology is determined to be commercially unavailable.
Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.
Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.
Employers shall provide on-site locations for food or catering truck service and cooperate with food service providers to accommodate food service to operations employees.
All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.
All trucks, supportive vehicles and equipment shall be kept onsite in all loading, storage, and parking areas, and kept behind locked gates during nonbusiness hours.
Truck queuing, idling, or circling of vehicles on public streets adjacent to the facility is prohibited.
Periodic yard and parking area sweeping shall be provided to minimize dust generation.
Diesel Generators are prohibited, except in emergency situations and during construction when establishing the facility’s new electrical service connection. In those temporary cases, all generators shall have Best Available Control Technology (BACT) that meets CARB’s Tier 4 emission standards.
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.
SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
Attachment E - Proposed Ordinance (Option B)