Agenda packet — City Council and Concurrent Authorities, July 9, 2024 (part 7 of 8)

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1 1394
Page: 7
Number: 1 Author: Matt Diaz Date: 5/31/2023 3:06:00 PM
The city's response letter dated 6/2/23 outlines additional outreach options. We look forward to working with the justice coalition to explore ways to reach more residents in 2023 and beyond.
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1396
Page: 8
Number: 1 Author: Matt Diaz Date: 5/31/2023 3:17:00 PM
Most of these are included in the revised Policy Chapter of the Housing Element either as programs or directions for staff to explore. Some will be explored in the Housing Action Plan for recommendations (vacant buildings, etc.), while others (ADU, etc.) may be included in the Development Code Update.
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Exhibit 1- 2023-2031 Housing Element
1398
1 LEGAL ADVOCACY UNIT
1831 K Street
Sacramento, CA 95811-4114
Tel: (916) 504-5810
Fax: (916) 504-5811
[email protected]
www.disabilityrightsca.org
May 15, 2023
Sent via e-mail
To: Stephanie Ocasio, Director of Community Development[email protected] Matt Diaz, Advanced Planning Manager- [email protected] Tristan Osborn, Senior Planner, Advanced Planning[email protected] Placeworks- [email protected]
Mayor Kevin Lincoln- [email protected]
Vice Mayor Kimberly Warmsley- [email protected] Councilmember Michelle Padilla- [email protected] Councilmember Dan Wright- [email protected]
Councilmember Michael Blower- [email protected] Councilmember Susan Lenz- [email protected]
Councilmember Brando Villapudua- [email protected] Cc: David Zisser, Assistant Deputy Director, HCD- [email protected] Melinda Coy, Land Use and Planning Manager, HCD[email protected] Jose Ayala, Housing Policy Specialist- [email protected] RE: Disability Rights California’s Comments on the City of Stockton’s April 2023 Housing Element Public Draft
Dear Planning Department Staff, Consultants, Mayor Lincoln, and City Councilmembers:

Exhibit 1- 2023-2031 Housing Element 1399
2 Disability Rights California submits these initial comments on the 2023- 2031 City of Stockton Housing Element April 2023 Public Review Draft (“Draft”).

Disability Rights California is a private, non-profit disability rights organization federally mandated to advance and protect the human and legal rights of Californians with disabilities. 42 U.S.C. § 15001, et. seq., 42 U.S.C.§ 10801, et seq., 29 U.S.C. § 794(e), 29 U.S.C. § 3011, 29 U.S.C. § 3012; see also Welfare and Institutions Code §§ 4900-49005. DRC’s comments on the Draft pertain to people with disabilities in the City of Stockton.

We appreciate the effort that went into this first draft and support many of the Draft programs. However, we believe the Draft needs further development to address housing needs and barriers for people with disabilities in the City. We provide the following comments and proposed changes to assist the City with creating a more inclusive Housing Element:

I. To Affirmatively Further Fair Housing, the City must outreach to all segments of the community, ensure housing opportunity throughout the community, set AFFH priorities, and set appropriate metrics and milestones.

Assembly Bill 686 (2018) defines Affirmatively Furthering Fair Housing as, “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Gov. Code § 8899.50, subd. (a)(1). Stockton must administer its programs in a way that affirmatively furthers fair housing for members of a protected class and take no action inconsistent with that obligation. Gov. Code, § 8899.50(b)(12); Fair Housing Act, 42 U.S.C.A. § 3608(e)(5). These requirements exist to combat discrimination, overcome patterns of segregation, and foster inclusive communities.

While the federal duty to AFFH has existed for over 50 years, AB 686 creates new requirements for housing elements for: (1) Outreach, (2) Assessment of Fair Housing, (3) Site Inventory, (4) Identification and Prioritization of Contributing Factors, and (5) Goals and Action. The California Department of Housing and Community Development’s publication: Implementing AB686: Duty to Affirmatively Further Fair Housing Guidance for Housing Elements states that common mistakes and pitfalls include:
 A high-quality Assessment of Fair Housing, but status-quo actions/programs;
Exhibit 1- 2023-2031 Housing Element 1400
3  A local jurisdiction refers to a county-level Analysis of Impediments to Fair Housing previously completed;
 Does not include regional comparison in analyses;
 Only analyzes patterns of low-income sites, not all sites;  Does not ask the public to provide input on AFFH;
 Doesn’t prioritize 4-5 contributing factors & connect to programs;  High resource areas can’t rely on ADUs alone; and,
 No data dumping! Tell the story.

The City’s Draft contains some of these common mistakes. We offer the following comments to help avoid some of these pitfalls.

1. Outreach
The City must reach all economic segments of the population; describe meaningful, frequent, and ongoing community participation, consultation, and coordination that is integrated with the broader stakeholder outreach and community participation process for the overall housing element.1 Gov. Code, §
8899.50 subd. (a)(2) further requires a summary of fair housing outreach and capacity, and the City must “receive public input and local knowledge on the Assessment of Fair Housing.”
The Planning Department hosted several meetings , but did not reach renters and people at risk for or who are unhoused. The City primarily communicated with the public by online notices on its web site; however, most working people in the City do not visit the City’s website. The Draft also does not incorporate local knowledge other than input from service providers.

While we appreciate the outreach to organizations serving low-income and other special needs populations, including our own, representatives who serve members of the community are not the same as community members themselves. Noticing property owners but not those who rent and those who are unhoused ignores extensive economic segments of the community. Moreover, there are no examples of the City reaching out to the Spanish-speaking community in a way that is meaningful. Additionally, people with disabilities and older adults are often unable to participate in community meetings due to communication barriers, segregation, and lack of transportation access. Thus, 1 The CA Dept. of Housing and Community Development,
Implementing AB686: Duty to Affirmatively Further Fair Housing Guidance for Housing Elements, https://www.hcd.ca.gov/community-development/affh/docs/affh_webinar_slides.pdf Commented [MD1]: In 2023, all Shape Stockton
notices were sent in five languages, while all
workshops were noticed in Spanish and English. The
City will continue to work with residents and groups to extend its reach. In addition, the Housing Element has
been revised to encourage more noticing in various
languages so the practice will continue beyond the
Housing Element Update process.

Exhibit 1- 2023-2031 Housing Element 1401
4 they are often not considered in the planning processes that directly and disproportionately impact them, and are undercounted in data collection. Hearing directly from people with disabilities is critical to figuring out what housing issues they face and what types of housing works for them. Having a robust community outreach and engagement plan that ensures access to meetings and planning processes will allow program participants to gather invaluable data and information from people with disabilities and bridge the equity gap.

To better incorporate the views of all Stocktonians, the City should implement a Housing Element education campaign to educate young people, those from different language communities, and those awaiting appointments at the County’s Health and Human Services Agency (333 E. Washington St.), among others. The City should reach out to the community via local radio stations in both English and Spanish. There is no other way to reach the vast working poor, disabled, renting, and homeless populations of Stockton. The people of Stockton deserve to have their voice heard in the Housing Element process.

Under AB686, it is mandated.

2. Assessment of Fair Housing
Among the Assessment of Fair Housing’s Requirements, we primarily address disparities in access to opportunity, displacement risk, ongoing segregation, and sites selection in this comment letter.

The City of Stockton has a population of 322,120.2 People of color make up 78 percent of the population where Latinx people account for more than 40 percent of that total. Id. Stockton is the native land of the Yatchicumne, a group of Northern Valley Yokuts people.3
A. Disparities in Access to Opportunity
a. Environmental Justice
A major fair housing concern in Stockton is environmental injustice.

Importantly, “[p]eople with disabilities are specifically exposed to and vulnerable to environmental injustice” as a result of decades of ableist and racially exclusionary policies and land use decisions. And, some are also more vulnerable 2 Rich Ibarra, Stockton Named the Most Racially Diverse City in America, Capradio, (Jan. 2020) 3 City of Stockton: A Look into Stockton’s Past Exhibit 1- 2023-2031 Housing Element 1402
5 to environmental injustice because of the nature of their disability.4 These communities are the most impacted by pollution and other poor environmental conditions because of historic land-use decisions. For example, the percentage of people with disabilities living in areas with greater exposure to PM2.5 pollution is significantly higher than in areas with less exposure, even when controlling for other variables; this is especially true for individuals with cognitive and independent living difficulties.5 As a result, explicitly requiring consideration of such issues when furthering fair housing is critical.

CalEnviroScreen 4.0 is a screening methodology that can be used to help identify California communities that are disproportionately burdened by multiple sources of pollution. Much of Stockton falls above the 90th percentile for pollution burden in the state. In the map below, Red indicates communities with the highest pollution burdens: most of Stockton’s RHNA sites are within those red zones. As shown in Figure 1 below6, limited RHNA sites are located in the green CALENVIROSCREEN and deeper blue, high and highest resources areas, as the majority of sites are in South Stockton. However, as the table below shows, South Stockton are the lower opportunity areas, and are also the areas hit by some of the worst pollution in the entire state. This will not AFFH.

Figure 1
4 Catherine Jampel, Intersections of disability justice, racial justice, and environmental justice, Environmental Sociology (2018).
5 Jayajit Chakraborty, Disparities in exposure to fine particulate air pollution for people with disabilities in US, Science of the Total Environment (June 2022).
6 Stockton 6th Cycle Housing Element, UC Berkeley, prepared by Bailey Schweitzer, Weiyang Tang, Joann Martinez (Dec. 2022).

Commented [MD2]: The Housing Elements Regional
Housing Needs Allocation (RHNA) housing capacity
sites include approved housing projects in North
Stockton that account for over ten thousand units. The
maps and description below only show vacant infill
properties that account for 50-percent or less than the total sites listed towards complying with RHNA.

Exhibit 1- 2023-2031 Housing Element 1403
6 b. Transportation
Transportation access is a critical piece of fair housing. However, jurisdictions often focus narrowly on the Americans with Disabilities Act’s technical requirements for fixed route and paratransit, but overlook its broader mandate for equal access to the transportation system as a whole. The type of transportation necessary varies by disability and need, and it should be clear that jurisdictions should consider not only fixed-route public transportation, but also specialized services such as paratransit, dial-a-ride, reduced-fare taxis, or volunteer driver programs. Stockton should also consider availability of parking, drop off locations, bus stops, and shelters. A stronger transportation system would expand and improve affordable mobility options including: paratransit, door-to-door services; wheelchair accessible transportation network companies, and demand response real time ride systems; volunteer driver program expansions; nonprofit service provider systems; stipends/free rides for caregivers; gas subsidies, and more.

The City’s analysis of parking standards notes that some parking minimums have been waived for affordable housing, or that built via TOD. Unfortunately, the ADA’s only technical requirement regarding parking spots for people with disabilities is that there be a percentage of spots for disabled persons. Any percentage of zero is zero. Not all disabled people can use public transit, and require a parking spot, a spot for their caregiver, or a pickup spot for paratransit vehicles. As explained below, We recommend that the City amend Program 27, Addressing the Needs of Those with Disabilities, to develop an overall accessibility program that includes ensuring that disabled parking spots are available even where parking minimums have been waived. Accessible, available, and affordable travel options make it possible for diverse groups of people to stay active and engaged in their communities. c. Houselessness
As discussed below, unhoused individuals have a high prevalence of disability.

A discussion of barriers to fair housing is not complete without recognizing that Stockton recently passed one of the most onerous and restrictive encampment sweep ordinances in California, which bans “camping” (defined as “to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia”) in areas broadly defined as “critical infrastructure” at the risk of misdemeanor charges and up to $25,000 in daily fines. The term critical infrastructure is defined to include locations ranging from hospitals to parks.

Stockton, California Municipal Code, Charter, and Civil Service Rules, Title 8 Health and Safety, Chapter 8.100 Protection of Critical Infrastructure and Wildlife Commented [GU3]: Revisions have been made to
Program 29 to address this comment
Commented [GU4]: Revisions have been made in the
Potential Housing Constraints section in the Parking
Standards subsection to address this comment.

Exhibit 1- 2023-2031 Housing Element 1404
7 Risk Areas.7 Further, while the Ordinance was specifically created to address symptoms of homelessness8, it does not include a requirement that people have true access to services or housing before being removed or having their property taken. This must be assessed as a barrier.

B. Displacement
We appreciate that the City recognizes that preservation and creation of affordable housing is critical to minimizing displacement risk. However, the City has recognized that the City is at risk of losing naturally occurring affordable housing due to an influx of Bay Area residents. Research and experience demonstrate that effective anti-displacement measures include housing preservation (especially for naturally occurring affordable housing), tenant protection, and affordable housing strategies.9 The City commits to programs addressing housing preservation and affordable housing development, but not tenant protection. And some of its programs, for example, Program 14, is listed as a place-based revitalization strategy; but fails to address how to ensure that weatherization does not result in higher rents and ensuing displacement. A deeper level of analysis is necessary. Similarly, if not done with anti-displacement protections in place, Code Enforcement can do, and has done, the same.10 Indeed, the City discusses revitalizing “blighted” areas but does not explain what “blighted” means, which neighborhoods might be impacted, and how. Historically, revitalization of blighted neighborhoods has been paired with displacement of low-income communities. Indeed, the City is removing its 5th Cycle Element program that noted that development in blighted areas would be done with an eye toward preventing gentrification. The City must engage in a deeper analysis of such risk and how its own programs can exacerbate or mitigate that risk.

Displacement can create unique harms to people with disabilities, who may have developed formal and informal systems of care, developed accessible transportation routes, and/or modified their homes to accommodate their needs.

Displacement can disrupt these systems in a way that is devastating to a person’s health. And, the stress of displacement alone can exacerbate symptoms of 7 https://library.qcode.us/lib/stockton_ca/pub/municipal_code/item/title_8-chapter_8_100 8 https://www.stocktonmayor.org/files/Legislation%20Text%20(9).pdf 9 Karen Chapple and Anastasia Loukaitou-Sideris, White Paper on Anti-Displacement Strategy Effectiveness, February 28, 2021, available at www.urbandisplacement.org/wp-content/uploads/2021/08/19RD018-AntiDisplacement-Strategy-Effectiveness.pdf. 10 See, e.g. Price v. City of Stockton, 394 F. Supp. 2d 1256 (2005)(holding private right of action of federal relocation laws where aggressive code enforcement shut down SROs).

Commented [MD5]: Staff believes this does not
create a barrier to establishing or being housed in a
new shelter as defined by state law.

Commented [MD6]: City staff agrees that some
programs could impact other programs regarding the
need to rehabilitate housing and inclusionary fees and
housing costs. The Housing Element directs staff to
further explore the implementation of all programs
(including funding), while the Housing Action Plan will make further recommendations to better implement
housing policy. These programs will be monitored
annually as required per state law.

Commented [MD7]: The previous element did not
discuss displacement, while the current element
includes new policies to address state law and
feedback received.

Exhibit 1- 2023-2031 Housing Element 1405
8 disabilities. Therefore, we also believe it is important to include programs that have the most immediate impact on preventing displacement. “[N]eighborhood stabilization and tenant protection policies have the most direct and immediate effect on mitigating displacement”11 – this includes a strong local rent stabilization program, including for mobilehome parks. Therefore, as explained below, we urge the City to include such a program in its anti-displacement programs. Given the City’s indication that it will create neighborhood action plans in neighborhoods that are susceptible to gentrification, like Little Manila, this is a critical AFFH issue.

C. Legacy of Redlining, Segregation, and Urban Renewal: RECAPS and RCAAs
The discriminatory impacts of Stockton’s past redlining endure to this day as well. Redlining is the term for the process that spatially segregated the affluent white population from the predominantly Black and "economically disinvested".

The zones were categorized by a color scale, and Green indicated the most affluent and white neighborhoods. While Red, represented the non-white areas.

Comparing the 1930s Home Owner's Loan Corporation redlining map to today's demographic makeup proves this segregation persists in modern-day Stockton.

The map on the right displays the original Redlining zones within modern-day Stockton boundaries.

Figure 212
11 Id. 12 Stockton 6th Cycle Housing Element, UC Berkeley, prepared by Bailey Schweitzer, Weiyang Tang, Joann Martinez (Dec. 2022).

Commented [MD8]: Housing Analysis and interviews
with the development community have indicated that
the housing market (rental/sales) in Stockton does not
have the capacity to absorb significant fee increases or significant losses in revenue that would impact the net operating income (NOI). While the Housing Element
policy has been revised to direct staff to continue to
explore financial assistance (upfront and ongoing cost), topics like rent stabilization will need to be explored in more detail with additional market research and
outreach.

Exhibit 1- 2023-2031 Housing Element 1406
9 According to AFFH mapping tools by HUD and HCD we see that segregation still exists and has affected housing policies. (See Figure 3).

Figure 313
For example, decision makers built a freeway through the Filipino Neighborhood of Little Manila in Downtown Stockton, destroying family homes, businesses, community centers, and much more. Redlining has also excluded many communities of color from homeownership; now over 77% of extremely low income households in San Joaquin County pay over half of their income on rent14.

We also know that renters of color face the highest rates of cost burden in San Joaquin County15. While the City notes that it will work with the housing authority to market vouchers in higher resourced areas, that is not enough to create authentic housing choice. The City should consult with community members to understand better their barriers to housing choice. Further, we understand the Stockton hired consultants to conduct an inclusionary zoning ordinance feasibility analysis, however the results are not included in the current Draft, other than a conclusory statement that such a program is not feasible. The City should at minimum explain why such an ordinance is not feasible in its AFH. The City must also consider how to incentivize affordable housing in RCAAs while also ensuring 13 Id. 14 California Housing Partnership, Housing Need Dashboard, (May 2023). 15 Id.

Commented [GU9]: Programs 6, 10, 12, 13, 15, 24
and 25 in in the Policy Document address RCAAs
Exhibit 1- 2023-2031 Housing Element 1407
10 that deed-restricted affordable housing will be prioritized in RE/CAPs that are sensitive to displacement risk. The sites inventory does not currently reflect that.

The City also must address how its existing policies contribute to segregation in its Assessment of Fair Housing. For example, it must analyze how the City’s policies toward the unhoused (e.g. towing policies, shelter zoning, etc.) exacerbate segregation. A report completed by students at U.C. Berkley and attached here as exhibit A, highlights the historical segregation patterns of Stockton. Unsurprisingly, the majority of unhoused persons in Stockton are Black and Latinx and continue to exist in the segregated areas of Southern Stockton, whether in shelters, the health and human services system, or in the encampments scattered throughout the City’s proposed majority RHNA sites.

The Housing Needs Analysis demonstrates that existing low-income renters are living in rent-burdened, overcrowded, and substandard conditions.

Indeed, the overwhelming majority of households with the lowest incomes are severely rent-burdened. We encourage the City to account for this disparity when accounting for housing needs. Additionally, when considering resources, the City should identify ones that can be feasibly used. While working with the County housing authority’s Section 8 Housing Choice Voucher program is a laudable undertaking, it is unclear how residents could, once they make it to the top of the lengthy waitlist, obtain housing in the City given the already significant overcrowding and unavailability of appropriately sized units. Market rate housing is clearly not meeting the needs of the City’s lowest income households, the overwhelming majority of whom are renters.

3. Site Inventory
AB 686 modified Housing Element Law such that a jurisdiction’s Assessment of Fair Housing (e.g. segregation & integration, R/ECAP, etc.) should inform the identification of sites in a manner that AFFH. The site identification requirement must assess whether the identified sites serve the purpose of replacing segregated living patterns with truly integrated and balanced living patterns. Do they transform racially and ethnically concentrated areas of poverty into areas of opportunity?
Stockton’s sites inventory is predominantly located in South Stockton. Per SB6 and AB2011, Stockton should consider doing a more in depth review of failing commercial corridors in high resource areas, rather than in places like South Stockton. Comparing the sites inventory to CalEnviroScreen 4.0 indicates Commented [MD10]: The City would like to know
more about what policies contributed to segregation.

The Housing Element requires analysis of the existing
General Plan and zoning policy and standards that
impact housing in the City. City staff is unaware of any existing policy that results in segregation or increases in unhoused populations.

Commented [GU11]: State required analysis of where
and how emergency shelters are allowed in the City's
Development code is included in the Potential Housing
Constraints section.

Commented [MD12]: City staff will rely on guidance
from the state on how to analyze sites to address the
RHNA and compliance with under SB 6 and AB 2011.

In addition, City staff is proposing a revision to the
Housing Element that would result in a Development
Code update to include performance measures for
potential housing within AFFH-designated sites to
include enhanced design and building materials before
construction to help mitigate any surrounding
environmental impacts.

Exhibit 1- 2023-2031 Housing Element 1408
11 that most of the selected sites are located in the heavily polluted downtown and south of downtown. (See Figure 4).

Figure 4: “The housing burden indicator measures the percent of households in the census tract that are both low income (making less than 80% of their counties’ median family income) and severely burdened by housing costs (paying greater than 50% of their income to housing costs)…The percentile for this tract is 96, meaning the percent housing burdened is higher than 96% of the rest of the state.”
DRC is concerned by the overlap between some of the largest selected parcels and clean-up sites. For instance, the site consisting of parcels 14523013 and 14523012 appear to be the largest selected at just under 40 acres, yet any residential development there would require brownfield mitigation. We commend Stockton for using EPA Brownfield Assessment Grant funds to assess how the city can revitalize current brownfield sites in the city’s downtown waterfront.

However, the aforementioned parcels are not one such site.

According to the EPA, long-term stewardship of former brownfield sites is costly, and the costs of remediation are unknown prior to a site assessment. This means that building housing atop brownfield sites might be financially unviable without a local financial contribution for brownfield clean-up. If Stockton chooses to include numerous brownfield sites in its RHNA inventory, it must be able to Commented [MD13]: While City staff has recently
worked with the owner to rezone the site from medium
density housing to commercial general which could
allow more commercial and high density residential
options, the site will be removed from being calculated towards meeting RHNA. This is due to owner interest
to explore other commercial uses in the near term.

Exhibit 1- 2023-2031 Housing Element 1409
12 justify that these sites can be cleaned within the eight-year housing element cycle.

Otherwise, the city should exclude these sites from their inventory.

The above 40-acre site also contends with significant air pollutants as it is surrounded by multiple highways, a highway interchange, and abuts a rail line.

Therefore, even if a brownfield clean-up is conducted, we believe Stockton should avoid encouraging residential development there. More importantly, surrounding areas are often polluted brownfield sites. So, although residents may not be breathing in toxins from the parcel their apartment is on, they may suffer from pollutants on adjacent sites. As such, focusing affordable housing construction on brownfield sites would be a violation of both AFFH and SB 1000 Environmental Justice Element requirements. Given this, we ask Stockton to avoid heavily relying on brownfield sites to meet Stockton’s low income RHNA allocation, without having a plan for remediation in place.

Further, Disability Rights California participated in a site tour of roughly 25 sites in South Stockton on April 12, 2023 to verify this analysis. Consistent across all 25 sites were the proximity to industrial businesses, lack of transportation, lack of grocery stores, closeness to the I5 and 4 freeways i.e. concerns for pollution, and in some areas, lack of sidewalks and proper lighting. Disability Rights California has talked to community members with disabilities and learned how the lack of sidewalks and proper lighting can prevent neighborhood access and access to opportunity, especially when an extremely limited access to food, goods, and services in the area already exists.

4. Identification & Prioritization of Contributing Factors The housing element must identify and prioritize significant contributing factors to segregation, R/ECAPS, opportunity access, & disproportionate housing needs. A Fair housing contributing factor is a factor that creates, contributes to, perpetuates, or increases the severity of one or more fair housing issues.

Contributing factors should be based on all prior AFFH analyses (Outreach, AFH, Site Inventory). Identification and evaluation of contributing factors must: Identify fair housing issues and significant contributing factors; Prioritize contributing factors, giving highest priority to those factors that most limit or deny fair housing choice, access to opportunity, or negatively impact fair housing or civil rights compliance. It must discuss strategic approaches to inform and strongly connect to goals and actions. Goals and actions should stem directly from Contributing Factors. Prioritization is important (4-5 max), and they must be tailored to local conditions.

Commented [MD14]: None of the sites listed for
RHNA compliance are official brownfield or super fund
sites. The city acknowledges some analysis may be
required as part of the construction review process;
however as the sites allow housing by-right, it is
reasonable to assume remediation and construction
will be achieved within the 8-year cycle. Staff will
coordinate this with the State as part of their review.

Exhibit 1- 2023-2031 Housing Element 1410
13 The City did not complete this portion of the required AFFH analysis. Fair housing contributing factors have been identified by community members. For example, at the May 3, 2020, Stockton Housing Justice Coalition meeting, Stockton residents cited the following: lack of affordable housing for low income residents, low-income people of color segregated to polluted, undesirable locations; widespread housing discrimination on the basis of disability and source of income; lack of transitional housing or other housing opportunities for formerly incarcerated persons; poor quality of existing housing stock; criminalization of the unhoused; and displacement pressures generally. These are all significant contributing factors to segregation, R/ECAPS, opportunity access, and disproportionate housing needs of communities and individuals because of protected characteristics. The City must complete this analysis and prioritization.

5. Goals, Actions/Programs, Metrics and Milestones
While the Draft Element has a broad AFFH program, many of those programs are existing ones, and the City does not lay out metrics and milestones to determine whether its actions are meaningful.

Program 28, “Practices to Affirmatively Further Fair Housing,” at H17-H18 of the Draft states that the City will implement the following strategies to affirmatively further fair housing in coordination with the efforts of this action:
 Strategies to facilitate housing mobility/expand affordable housing in high opportunity areas:
o Programs 6, 10, 12, 13, 15, 24, 25
 Strategies to reduce or prevent displacement/place-based revitalization strategies:
o Programs 4, 7, 9, 14, 16, 19, 20, 21, 22, 29
The Draft further states that the City will continue to support fair housing monitoring and enforcement.

Other groups and factors that could impact housing
(i.e., incarceration) could be explored as part of the
Housing Action Plan or other housing efforts conducted
with the City's regional partners.

Commented [MD16]: There are a variety of influences
that impact a renter's or homeowner's choice beyond
financial ability and market conditions. Many of these
are discussed in the housing element, but City staff is not sure what "actual housing choice" is alluding to.

While Staff is confident the choices described in the
draft housing element are consistent with state law, we welcome the chance to elaborate with the DRC further
as part of the housing action and neighborhood action
plans currently in progress.

Exhibit 1- 2023-2031 Housing Element 1411
14 connected to the assessment of fair housing. From there, the City must also that include concrete milestones and metrics to evaluate the progress on the programs and fair housing results – otherwise, how will the City know that its programs are meaningfully affirmatively furthering fair housing? Also, individuals who are chronically homeless, by definition, have a disability; the draft element fails to consider this intersection of needs. Please see below for more comments regarding the City’s Homeless Programs.

II. Housing Needs Assessment for People with Special Needs § 65583(a)(7) The City fails to adequately quantify and analyze the housing needs of people with disabilities. Gov. Code § 65583(a)(7) requires “An analysis of any special housing needs, such as those of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.”
While the Draft includes a breakdown of the percentage of people with different types of disabilities was provided via U.S. Census data, the census data breaks down disability into only four categories for hearing, vision, independent living, and cognitive. Different types of disabilities require different types of accommodations and modifications in housing, and the residents of the City of Stockton have various combinations of disability, all with their own unique combination of resultant functional limitations possibly needing housing accommodations. Without planning explicitly for accessibility of all kinds, disabled Stocktonians will not have adequate homes to live in. This Draft does not do so and therefore fails to account for every economic segment of the community and is contrary to the duty to AFFH.

Commented [MD18]: City staff will discuss this with
the state for compliance with special housing needs
requirements.

Commented [MD19]: The City is confident that the
element complies with state law regarding the staterequired "special housing needs" and "AFFH" requirements. The City is open to exploring various
types of subgroups beyond what is required by state
law and the census.

Exhibit 1- 2023-2031 Housing Element 1412
15 parents from the baby boomer generation with children with I/DD, putting those children at risk of homelessness when their family members pass, as their SSI is not sufficient to afford market rate housing. And because they have been living with family, they will not have any other benefits established. Indeed, the City acknowledges in its Draft that “many persons with disabilities rely solely on Social Security Income, which is insufficient for market rate housing.” Draft at BR-32. A significant portion of this 76.8% of those being served by the Regional Center could live independently, but for any affordable, accessible, safe, inclusive and non-segregated housing options.16
In addition, per the City’s own data, a rather shocking statistic coming out of U.S. Census shows that in Stockton, among school age children, nearly half (48.6 percent) have a “cognitive impairment.” For persons with disabilities ages 18 to 64 years, 27.4 percent have trouble walking, 23.2 percent have cognitive impairments, and 20.8 percent have difficulty with independent living.

Many people with mental health disabilities require supportive services to maintain stable housing. The City should separately analyze the housing needs of people with mental health disabilities and create programs to specifically address those needs. Those needs include: supportive housing, crisis housing, shared housing, and other innovative housing models. Without addressing this issue, people too often cycle between houselessness and institutionalization.

Further, there is no discussion of the unique needs of Blind residents, or those of Deaf residents.

In addition, the City should recognize that people who are homeless are by definition people with disabilities for their analysis of special populations. Those who are formerly incarcerated face incredible barriers to housing in Stockton as they face criminal background checks for rental housing, credit checks. and a myriad of other barriers. People who are formerly incarcerated are mostly people of color and people with disabilities and Stockton’s Housing Element Draft does not account for the housing needs of this special population. As such, it is also not AFFH.

The Draft states, “[t]he unhoused are a fair housing concern, and it is often difficult to collect informative data that accurately reflects the magnitude of the 16 Two reports attempt to assess the housing needs of people with intellectual/developmental disabilities, despite a dearth of accurate data: https://scdd.ca.gov/wp-content/uploads/sites/33/2018/12/STATEWIDE-STRATEGICFRAMEWORK-FOR-EXPANDING-HOUSING-OPPORTUNITIES-FOR-PEOPLE-WITH-INTELLECTUAL-ANDDEVELOPMENTAL-DISABILITIES-10.16.pdf and Commented [MD20]: The City is confident that the
element complies with state law regarding the staterequired "special housing needs" and "AFFH" requirements. The City is open to exploring various
types of subgroups beyond what is required by state
law and the census.

Commented [MD21]: This is included in the proposed
element.

Commented [MD22]: The City welcomes the chance
to speak with the DRC about how we can provide more
services to different population groups. Whether in the Housing Action Plan or other effort.

Exhibit 1- 2023-2031 Housing Element 1413
16 population at risk, resulting in undercounting.” The data source the City uses is a Point-in-Time count led by the San Joaquin County Community Development Department and the Central Valley Low Income Housing Corporation in late January 2022. The City estimates it has “921 persons without nighttime shelter as of the 2022 Point-in-Time (PIT) Count. The size of shelters in Stockton is based on building and fire code allowances and there is no maximum number of beds.” The City’s analysis is as follows:

Government Code Section 65583(a)(4)(I) requires a minimum of 200 square feet per person to meet the unsheltered need. To address the unsheltered needs of 921 people, this would be a minimum of 184,200 square feet or 4.2 acres. The 21 vacant parcels in the IL, IG, and PF districts range in size from 0.11 to 5.11 acres. Therefore, there are sufficient sites in the city to address the potential need for emergency shelters to accommodate 921 unsheltered persons experiencing homelessness.

However, the total number of homeless people living in the City is admitted to be undercounted. According to Community Based Organizations working with homeless in the many encampments in Stockton, the number is closer to 5,000 people who may need emergency shelter on any given night. Additionally, Stocktonians experienced extreme flooding and heat waves in 2022 which have resulted in increased homelessness. The City states in the draft that “[wh]ile the results suggest there has been an increase in the number of unsheltered homeless, the increase may also be a result of a more complete and rigorous unsheltered count.” However, DRC participated in the 2022 Point-in-Time Count and observed various issues with the City’s methodology for counting people experiencing homelessness in the City. The City chose to allot only one day to conduct a PIT count for Stockton—the largest city in San Joaquin County, and conducted the entire count for approximately no more than six hours total.

Further, even if a person had no home or a regular place to sleep, the City instructed volunteers not to count someone as experiencing homelessness if they had not slept on the street the night before the PIT count. This approach and methodology surely resulted in a low count. Inaccurate counts of those experiencing homelessness stand to hamper the City’s efforts to end homelessness and likely decrease the ability to get appropriate funding from state, federal, and philanthropic sources. Data from, for example, the school district, could help supplement the PIT data to create a fuller picture of the number of unhoused in Stockton.

Commented [MD23]: These numbers are based on
local projections provided by our regional partners. The city will continue to monitor these counts as they are
updated by our qualified providers.

Commented [MD24]: The City will continue to explore
the best practices for homeless counts and funding
options.

Exhibit 1- 2023-2031 Housing Element 1414
17 The City must also make diligent efforts to evaluate the level to which its shelters and transitional housing present barriers for people with disabilities. For instance, many people with disabilities cannot access housing without reasonable accommodations (e.g. emotional support animals or other policy changes to strict rules) or reasonable modifications (e.g. grab bars installed or other physical accessibility changes). In our outreach to unhoused community members, we have encountered many who cannot access congregate settings like shelters or transitional housing in Stockton due to lack of accommodations for their disability, or because a shelter environment just cannot work for them (e.g. people with significant mental health conditions, or people with autoimmune diseases).

In our work, we often hear from municipalities that they have put policies in place to account for the needs of people with disabilities, and that they expect their contractors and employees to follow those policies and the relevant laws.

However, in our experience, such an approach is not enough to actively prevent harm to people with disabilities. There must be a proactive and continued effort made to assess barriers, implement a plan to address identified barriers, and ongoing training and technical assistance. Without these additional steps, we have found that many people with disabilities will continue to be locked out of suitable shelter and/or housing opportunities, thus continuing the homelessness cycle. The difficult truth is that for some people, living on the streets feels better for them and their disabilities than residing in a shelter or transitional housing environment. The shared goal for us all is to ensure that people are not made to feel this way. And, lastly, the City’s numbers must include people who are not technically homeless, but who cycle through homelessness and institutions regularly, such as those with mental health disabilities, and formerly incarcerated populations.

III. Programs
Overall, DRC is pleased with the City’s goals to create more housing for all income levels and for special populations. However, the quantified objectives articulated for each program do not match the actual needs according to the City’s own analysis and data. As an overall comment, policies refer to a Housing Action Plan (e.g. Goal HE-1 and Policy HE1.13, Program), but the policies guiding that plan are not incorporated into this Housing Element, and should be included in the Draft to ensure that they are consistent.

A. Program 15. Development Code Revisions
Commented [MD25]: City staff agrees that the
Housing Element must be consistent with the Housing
Action Plan and the Neighborhood Action Plans in
progress; however, the action plans are implementing
tools that will make additional recommendations for
action beyond what is required as part of the housing
element. The Housing Element Goals, Policies, and
Programs have been revised to reflect this consistency
and be the foundation for future recommendations
discussed in action plans.

Exhibit 1- 2023-2031 Housing Element 1415
18 Currently the zoning code defines supportive housing in Municipal Code section 16.240.020 and indicates that it is a permitted use by right in special purposes or commercial zones. The zoning code must be amended to allow supportive housing by right in all zones where multi-family and mixed uses are permitted. Government Code section 65583(c)(3). This is in addition to the requirement that transitional housing and supportive housing shall be considered a residential use subject only to the same restrictions that apply to other residential units of the same type in the same zone. Id.

B. Program 21. Code Enforcement Program
This program states the City shall continue to inspect housing units in “targeted areas” to check for building code violations. In situations where properties cannot be rehabilitated, the City will “continue to enforce the removal and replacement of substandard units.” Here, 2,000 units annually is the quantifiable objective and completed via the “Police Department: Neighborhood Services Division”, which houses code enforcement. DRC actively engages in frequent, ongoing conversations with Stocktonians who are unhoused, renting, people of color, and people with disabilities. Conditions of the current housing stock in Stockton are a major concern.

To better address this major concern, we recommend that the City commit to moving from a complaint-based code enforcement system to a proactive one, and one that includes tenant protections to prevent displacement (see displacement discussion above). This could include creating a rent escrow account program as well as engaging in proactive inspection. We can provide sample programs if needed.

Concerningly, Policy 4.4, which cross-references Program 21, states that the City will continue to implement a Crime Free Multi-Family Housing Program.

HCD’s AB 686 Guidance explicitly recognizes such programs as barriers to AFFH.

Such programs most often serve to discriminate against Black and Latinx households, disabled people, and domestic violence survivors.17 The City should identify this program as a barrier to AFFH and create a program to remove it.

Similarly, given the barriers to reentry faced by people leaving institutions 17 See Liam Dillon, Ben Poston, Julia Barrajas, Black and Latino renters face eviction, exclusion amid police crackdowns in California, Los Angeles Times, November 19, 2020, available at https://www.latimes.com/homeless-housing/story/2020-11-19/california-housing-policies-hurt-black-latinorenters; See also, e.g. Alisha Jarwala & Sejal Singh, When Disability is a “Nuisance”: How Chronic Nuisance Ordinances Push Residents with Disabilities Out of Their Homes, Harvard Civil Rights-Civil Liberties Law Review, Vol. 54, Page 875, available at https://harvardcrcl.org/wp-content/uploads/sites/10/2019/07/54.2-JarwalaSingh.pdf Commented [GU26]: City is already in compliance
with this law. This is discussed in the Potential Housing Constraints section.

Commented [MD27]: The City will coordinate with the
State to assess if the program is a barrier under current housing law.

Exhibit 1- 2023-2031 Housing Element 1416
19 including jail and prison, Code Enforcement should not be housed in the City’s Police Department, so as to ensure that residents can work proactively with Code Enforcement.

C. Program 24. Continue to Assist the Disabled in Community Development Block Grant Project Areas.

DRC is pleased with Program 24: The City shall continue to include special provisions for housing the disabled in CDBG project areas, including mobility grants for homes (e.g., Emergency Repair Program) and accessibility features for 120 low-income individuals and households in Stockton, including rental units for owners of 4 or fewer rental units. Will the program be available to renters? If not, the City should identify funds to expand the program to renters who need modifications to make their unit accessible. This would also allow older adults to age in place.

D. Program 25. Universal Design
We support the City’s Program 25, but note that while universal housing design is an important, the Housing Element should be clear that universal design is not synonymous with full accessibility; the needs, goals, and programs should clarify that the City will encourage both. The City should inventory the amount of its housing stock that is accessible and affordable to people with vision and/or mobility impairments. If the City cannot track these, it should include a program to monitor and track such units, and to make such information available to the public. The City should also make its list of affordable units available to the public.

As part of this program, the City should include enforcement of existing accessibility standards. Local governments can affirmatively further fair housing by ensuring that Code Enforcement staff understand accessibility standards and are enforcing those laws.

E. Program 27. Addressing the Needs of Those with Disabilities As outlined above, Stockton is home to a large number of people with disabilities, including low-income people of color with disabilities. However, the City’s programs address only a small portion of their housing needs. After the City identifies the needs of people with mental health and sensory disabilities, in addition to mobility and I/DD, it should include specific information on how to address their needs in this program.
a. Intellectual/Developmental Disabilities
Commented [MD28]: City staff is working on
conducting a housing condition survey and monitoring
the housing capacity sites but is not sure how a list like this would be implemented as there are a variety of
factors that go into a residential unit being deemed
ADA accessible in general. More feedback from groups
like the DRC is needed for future discussion.

Exhibit 1- 2023-2031 Housing Element 1417
20 The City says is will continue to work with the Valley Mountain Regional Center to implement an outreach program that informs families in the city about housing and services available for persons with developmental disabilities.

However, the “quantified objectives” for this program are described as “N/A.” Draft pg. HE-17. This is unacceptable. Senate Bill 812 mandates a discussion of potential housing resources for people with I/DD and this is absent from the Draft.

People living with a developmental disability can live in various types of housing, and often face a lack of truly integrated, community-based options.

Such options include:
 Rent-subsidized affordable housing, with services if necessary, accessible, close to transit and community18
 Section 8 Apartment/Housing Choice Voucher with housing navigation supports. Few regional centers contract with housing navigators – but people with specialized training to help place individuals in housing can be critical.

The City should also ensure that the Housing Authority is complying with the obligation to exclude IHSS income of family members serving as caregivers when it calculates household income. Overall, individuals with I/DD should have choice to live in the most integrated, non-segregated settings possible. Only when absolutely necessary, the following may also be appropriate: Licensed and unlicensed Single Family homes, modified, of 3-5 bedrooms, or housing specially modified for the Medically Fragile (SB 962 Homes)
b. Reasonable Accommodation Ordinance
We appreciate that the City will amend Chapter 16.214 of its Municipal Code, pertaining to reasonable accommodations. We support that Program 27 proposes to remove two of the findings that are part of the City’s Reasonable Accommodation approval process for consistency with State law: (1) whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures, and (2) whether alternative reasonable accommodations could provide an equivalent level of benefit. DRC would like to state this change should be made immediately. However, additional changes are needed to bring the ordinance into compliance with state law. We urge the program include a commitment to make the following changes:
18 For an example of integrated, disability-forward housing models for people with I/DD, see https://thekelsey.org/.

Commented [GU29]: This information has been used
to update the section on those with Developmental
Disabilities in the Existing Needs Assessment section.

Commented [GU30]: These items have been added to
Program 27 in the Policy Document
Exhibit 1- 2023-2031 Housing Element 1418
21  Section 16.214.030 Definitions: “‘Individual with a disability'” means any person who has a medical condition, physical disability, or mental disability that substantially limits one (1) or more of the person’s major life activities, as those terms are defined in the Acts.” The City’s definition here aligns with the federal, but not the state definition of disability. To comply with Government Code § Gov. Code §12926.1(c), the City must strike the word “substantially”. The City should also include complete definition of disability: The Act protects any of the following: an individual with a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having any such impairment; or anyone who has a record of having such an impairment.

Individuals in recovery from drug or alcohol abuse are protected by federal and state fair housing laws. However, individuals currently using illegal substances are not protected under the law, unless they have a separate disability.
 The protections afforded people with disabilities under federal and state fair housing laws extend to those who are associated with them, including providers and developers of housing for people with disabilities.  Section 16.214.060 Application Filing: A provision should be made to ensure confidentiality of the person with a disability’s contact and medical information. Further, this section should make clear that not only may a person with a disability file an application, but also an organization serving people with disabilities (e.g. sober living homes, transitional or supportive housing for people with disabilities, etc.)
 Section 16.214.070 Review and Processing: Reasonable accommodation requests do not require that the City notify neighbors of the request. Such notification will in most circumstances, invade the applicant’s privacy rights, or possibly result in discriminatory or not-in-my-backyard behavior.

This requirement should be removed, both to ensure meaningful access to the City’s land use and zoning programs under the ADA and to affirmatively further fair housing under AB 686 and the Fair Housing Act.  Section 16.214.080 Findings and Decision: We recommend that the City add a clause making clear that if the request is denied because it would impose an undue financial and administrative burden on the County and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the County, the Director or their designee must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit.

Commented [MD31]: As indicated in the proposed
programs, updates to the reasonable accommodations
standards are already underway and are anticipated to
be completed with the development code update in
early 2024.

Exhibit 1- 2023-2031 Housing Element 1419
22  Section 16.214.090 Appeals: We recommend that appeals are directed to the City Manager in consultation with the ADA Coordinator, in order to ensure confidentiality.

F. Program 23. Continue to Support Organizations Assisting Homeless Persons
Program 23 seeks to increase shelter and transitional facilities and provide short term financial assistance for households at risk of becoming homeless, however, exactly how this would work is not defined. Program 23 states:
“The City shall annually apply for and continue to pursue State and federal funds available to the City, private donations, and volunteer assistance to support homeless shelters. The City shall continue to provide financial assistance from its Emergency Solutions Grant (ESG) funding to homeless service providers and continue to support additional development of shelter facilities as requested by shelter providers. In addition, the City shall review the need for additional shelter facilities and services when it updates its Consolidated Plan.” [emphasis added] First, under the Housing Element, the City must plan for all economic segments of the community and that includes those with little to zero income; it includes homeless people. So, to say the City will “support” additional development of shelter facilities, but only “as requested by shelter providers,” is not a proper metric to AFFH or substantiate a meaningful program to address the actual needs findings. Further, in order to end homelessness, emergency shelters and even transitional housing cannot continue to be the City’s primary mode of addressing the issue.

Under Program 23, the City aims to assist up to 2,000 unduplicated homeless persons; and 1,000 households at-risk of homelessness with limitedterm rental assistance or utility payments. As part of this, the City will increase the number of board and care or other types of residential or transitional care facilities for vulnerable populations by 300-500 beds. DRC opposes increasing the use of institutional-type settings to house people, which often includes board and cares. Through our role as the state’s Protection and Advocacy agency, we hear about such institutional conditions from clients and stakeholders. Housing options should be community-based, allow for freedom to come and go, and not have onerous rules.

G. Additional Program Recommendations
Exhibit 1- 2023-2031 Housing Element 1420
23 As explained above, the City’s AFFH analysis indicates that programs are needed in the following areas: tenant protections to mitigate displacement, environmental justice, and programs to increase opportunities to preserve affordability via innovating community ownership models.

The City’s Housing Element programs do not address tenant protections – which are critical to ensuring that existing residents can continue to live in their homes. Moreover, community members have identified such protections as a major issue. For example, the Stockton Housing Justice Coalition held an event on May 3, 2020 in which a tenant bill of rights, right to counsel, strong just cause protections, and universal income for renters were indicated as needed policies.

Further, ending tenant harassment and discrimination as well as rent stabilization policies are also critical to mitigating displacement. We urge the City to include a tenant protection program committing to the creation of such policies.

With regard to environmental justice, the City should both ensure a dispersal of sites so that neighborhoods with the highest pollution burdens are not the location of most future building, while also creating a remediation program to seek funding for site remediation. The City should also include EJ policies that specifically address the needs of the elderly, people with disabilities, and people with chronic respiratory conditions including establishing a program to distribute air conditioning to these vulnerable populations. For example, the City could identify sources of funds that prioritize elderly residents and residents with disabilities access to in-home HEPA air filters at little or no costs. Furthermore, the City should explore an EJ policy, similar to Los Angeles County’s Green Zones Ordinance, to create air pollution buffers to prevent the future zoning of residences, schools, childcare facilities, elderly care facilities, parks, and health care facilities away from heavy industrial areas.

In addition to these recommendations, community members have identified others that the City should consider. For example, at the May 3, 2020, Stockton Housing Justice Coalition community meeting, City residents suggested: a renters’ right to counsel; adoption of a tenants’ bill of rights; repurposing vacant buildings, e.g., those downtown, for affordable housing; the City’s acquisition of land for development of lower income housing; extending just cause eviction protections to single family homes; and universal basic income for renters. These are all appropriate and valid program considerations for the housing element that would also affirmatively further fair housing.

Commented [MD32]: The City will explore additional
performance standards with the Development Code
update in 2023.

Commented [GU33]: Revisions have been made to
Program 28 in the Policy Document to address this
comment
Exhibit 1- 2023-2031 Housing Element 1421
24 Increasingly, jurisdictions are creating programs to preserve affordability through community-based models such as promoting community land trusts, developing tenant opportunity to purchase ordinances, and land banking. We urge Stockton to do the same in order to create long-term community-led affordability.

IV. Conclusion
DRC submits these initial comments and recommendations, but plans to supplement these in the coming weeks. Please reach out to DRC at (619)814- 8501 if we can be of any assistance as the Planning Department considers these recommendations and comments.

Thanks,
Nichole Mendoza
Senior Attorney
Civil Rights Practice Group
Disability Rights California
Exhibit 1- 2023-2031 Housing Element 1422
25 Attachment A
Exhibit 1- 2023-2031 Housing Element 1423
Stockton 6th Cycle Housing
Element
Bailey Schweitzer, Weiyang Tang, Joann Martinez
Exhibit 1- 2023-2031 Housing Element
1424
Table of contents

1. Overview of Stockton

2. Stockton’s Housing Element Timeline & RHNA Allocation

3. Alleviating Patterns of Racial and Income Segregation

4. Overlapping RHNA Inventory and Polluted Neighborhoods

5. Commercial Zoning

6. Summary

7. Recommendations
Exhibit 1- 2023-2031 Housing Element
1425
Overview of Stockton, CA
● Medium-sized city of 322,000
● Located in the Central Valley, 80mi
east of Berkeley
● Racially diverse - plurality Latinx● Median HH income of $58,393 Exhibit 1- 2023-2031 Housing Element
1426
Source: US Census
Exhibit 1- 2023-2031 Housing Element
1427
Housing Market Conditions
● 50% owner-occupied● 72% single family● Despite a signi ficantly more
a
ffordable housing market than CA,
it has similar levels of housing burden
Exhibit 1- 2023-2031 Housing Element
1428
Source: Stockton’s 5th Cycle Housing Element Source: Stockton, CA Facebook page Exhibit 1- 2023-2031 Housing Element
1429
Stockton’s 6th Cycle Housing Element Timeline
● Stockton’s 6th Cycle Housing Element isn’t due to HCD until December 2023 ● As of December 2022, they released a preliminary map of RHNA sites ● Focused on advising the city on how to create a compliant housing element that a
ffirmatively furthers fair housing per AB 686
Exhibit 1- 2023-2031 Housing Element
1430
Draft Housing Element Sites Inventory
Income Group RHNA Entitled
Projects
Sites* Total Capacity Surplus
Lower Income(<80% AMI)
4,013 0 5,273 5,273 1,260
Moderate Income(81%-120% ofMedian Income)
2,587 2,050 2,193 4,243 1,656
Above Moderate Income(>120% of Median Income)
6,072 11,620 2,177 13,797 7,725
TOTAL 12,672 13,670 9,643 23,313 10,641
*573 acres
Exhibit 1- 2023-2031 Housing Element
1431
Alleviating Patterns of Racial and Income Segregation
Exhibit 1- 2023-2031 Housing Element
1432
Alleviating Patterns of Racial and Income Segregation
Exhibit 1- 2023-2031 Housing Element
1433
Redlining Archives of California's Exclusionary Spaces:

White Pop. and Redlining African American Pop. and Redlining Exhibit 1- 2023-2031 Housing Element
1434
Redlining Archives of California's Exclusionary Spaces:

Latino Pop. and Redlining
Exhibit 1- 2023-2031 Housing Element
1435
Redlining Archives of California's Exclusionary Spaces:

Race Poverty and Redlining
Exhibit 1- 2023-2031 Housing Element
1436
AFFH Data From HUD
Publicly Supported Housing and Race/Ethnicity
Exhibit 1- 2023-2031 Housing Element
1437
AFFH Data From HUD
Location of Affordable Rental Housing (% Rental Units Affordable to 50% AMI) Exhibit 1- 2023-2031 Housing Element
1438
AFFH Data From HUD
Demographics and Environmental Health
Exhibit 1- 2023-2031 Housing Element
1439
RHNA Site Selection and Polluted Neighborhoods
● Most sites are located in
neighborhoods CalEnviroScreen 4.0 considers heavily polluted and highly disadvantaged ● Unclear number of units
they expect for selected sites
Exhibit 1- 2023-2031 Housing Element
1440
Stockton Brown
fields
● EPA awarded Stockton a $600,000
Brown
field Assessment Grant
● City appropriated funds through
September 2021
● Conducted an assessment of
redeveloping the industrial waterfront
● City is actively recruiting developers
○ Local
financial assistance is
unclear
Exhibit 1- 2023-2031 Housing Element
1441
Example Site: Overlapping Clean-up and RHNA Inventory Site ● 39.72 acres
● Overlaps clean-up site
● Surrounded on all sides by
highways and rail
● Located adjacent to the I5 and
highway 4 interchange and abuts rail
● Development unlikely without
local
financial assistance
Exhibit 1- 2023-2031 Housing Element
1442
Exhibit 1- 2023-2031 Housing Element
1443
5th Cycle Housing Element Deed
Restricted Affordable Housing
● Constructed and approved deed restricted
a
ffordable housing between January 2014 and
December 2023
● Sites are located across the city in less polluted
areas
● Promising for 6th cycle
Exhibit 1- 2023-2031 Housing Element
1444
Incorporate Commercial Lots into
RHNA InventoryCase Study Area 1:

1. Brookside March Lane

2. Case Study Area 2: Miracle Mile
Exhibit 1- 2023-2031 Housing Element
1445
2022 TCAC/HCD
Opportunity Map CalEnviroScreen 4.0 Stockton RHNA
Exhibit 1- 2023-2031 Housing Element
1446
Case Study Area 1:

Brookside March Lane
3404 Shadowbrook Dr.APN 11628002Acres 1.20; Sq. Ft. 52,008.99 Exhibit 1- 2023-2031 Housing Element
1447
Case Study Area 2:

Miracle Mile
A.1828 Paci
fic Ave
APN 13702042Acres 0.69 Sq. Ft. 30,795.91B.2402 PACIFIC AVAPN 12506001Acres 0.13 Sq. Ft. 6,073.93 Exhibit 1- 2023-2031 Housing Element
1448
Summary
● Far too soon to tell what Stockton’s housing element will look like● Stockton will have met its moderate and high-income RHNA allocation through entitled projects
● Redlining has lasting implications
● Sites concentrated in distressed and high polluted neighborhoods Exhibit 1- 2023-2031 Housing Element
1449
Recommendations
1) Future stages of site selection must seriously consider high opportunity communities
2) The large site located near downtown should receive local financial assistance if the city wants to actually build there
3) Incorporate environmental justice into housing element Exhibit 1- 2023-2031 Housing Element
1450
Recommendations
4) Incorporate unpolluted commercial zones, namely Miracle Mile & Brookside March Lane, into element
5) Government should not just focus on investing on North Stockton. South of the crosstown freeway also need some attention.
6) City should stop subsidizing unprofitable public golf courses in north Stockton and put money toward affordable housing fund.

Exhibit 1- 2023-2031 Housing Element
1451
QUESTIONS?
Exhibit 1- 2023-2031 Housing Element
1452
HOUSING HE‐1

HOUSING
This main element is divided into three sections:
• Introduction to the Policy Document
• Goals and Policies
• Implementation Programs and Quantified Objectives

INTRODUCTION TO THE POLICY DOCUMENT
Under California law, the a housing element must include the community's goals, policies, quantified objectives, and housing programs for the maintenance, improvement, and development of housing.

This Housing Element includes nine goal statements. Under each goal statement are policies that amplify the goal statement.

Implementation programs are listed after the policies and briefly describe the proposed action, the City departments with primary responsibility for carrying out the program, the funding source(s), and the time frame for accomplishing the program.

The following definitions describe the nature of the statements of goals, policies, implementation programs, and quantified objectives as they are used in the Housing Element Policy Document:
• Goal: Ultimate purpose of an effort stated in a way that is general in nature and immeasurable. • Policy: Specific statement guiding action and implying clear commitment. • Implementation Program: An action, procedure, program, or technique that carries out policy. Implementation programs also specify primary responsibility for carrying out the action and an estimated time frame for its accomplishment. The time frame indicates the fiscal year in which the activity is scheduled to be completed.

These time frames are general guidelines and may be adjusted based on City staffing and budgetary considerations.
• Quantified Objective: The number of housing units that the City expects to be constructed, conserved, or rehabilitated, or the number of householdsthe City expects will be assisted through Housing Element programs based on available resources and general market conditions during the time frame of the Housing Element.

Housing element law recognizes that in developing housing policies and programs, identified housing needs may exceed available resources and the community's ability to satisfy these needs. The quantified objectives of a housing element, therefore, need not be identical to the identified housing need, but should establish the Exhibit 1- 2023-2031 Housing Element 1453
HE‐2 ENVISION 2040 GENERAL PLAN
maximum number of housing units that can be constructed, rehabilitated, and conserved, or households assisted over an eight‐year time frame.

GOAL HE-1 AND ASSOCIATED POLICIES
GOAL HE-1: INCREASE HOUSING PRODUCTION AND ENSURE ADEQUATE LAND FOR ALL HOUSING TYPES AND INCOME LEVELS. INCREASE HOUSING

PRODUCTION BY ENSURINGE THE ADEQUATE SITES FOR HOUSING OF ALL TYPES AND INCOMES, RECOGNIZING THE IMPORTANCE OF A JOBS-TOHOUSING RATIO THAT ENCOURAGES LIVING AND WORKING IN OUR COMMUNITY.

Policy HE‐1.1 Availability of Land: The City shall maintain sufficient designated and zoned vacant and underutilized sites for housing to achieve a mix ofsingle‐family and multifamily development that will accommodate anticipated population growth and the housing needs established in the City’s regional housing needs allocation (RHNA) of 12,673 units (1,232 extremely low, 1,233 very low, 1,548 low, 2,572 moderate, 6,088 above moderate). In addition to the Housing Capacity sites needed toward RHNA, the Housing Action Plan (HAP) shall explore additional areas that could potentially support housing. This could include underutilized properties, underutilized buildings, and unincorporated areas. This surplus shall be used to maintain the City’s Pro‐Housing Designation thatwhich requires the City to maintain 130‐percent surplus over the RHNA requirement. (Programs 1, 2 and 3)
Policy HE‐1.2 Avoid Downzoning: The City shall not downzone parcelsidentified in the Housing Element inventory unless they are replaced concurrently by comparably zoned land elsewhere within the Ccity, or the City makes the determination that there are still adequate sites in the inventory to meet the remaining regional housing needs allocation. (Program 1) Policy HE‐1.3 Parcel Consolidation: The City shall encourage the splitting or consolidation of parcelsto facilitate more effective residential development and continue to process these requests ministerially. (Program 8) Policy HE‐1.4 Infrastructure and Public Facilities to Support Residential Development: The City shall take into consideration where housing is planned or likely to be built when preparing plans for capital improvements to expand or improve infrastructure and public facilities that support new residential development and ensure adequate services. (Program 4) Policy HE‐1.5 Higher Residential Densities: The City shall encourage residential densities at the high end of the allowable density range to make more efficient use of land and public facilities and services, and to provide more affordable housing opportunities for all residentsexpand programs that would allow densities increase beyond the maximum allowable density range for projects that adhere to Housing Element policies. This include the existing 100‐percent Density Bonus program and new programs as part of the Development Code Overhaul. (Program 1 and 18) Policy HE‐1.6 Residential Mixed‐Use Development: The City shall encourage the development of mixed‐use residential‐office and residential‐retail projects. (Programs 2, 5, and 7) Policy HE‐1.7 Housing Variety: The City shall encourage and provide opportunities for a variety of housing types that provide market‐rate and affordable housing opportunities and promote balanced mixed‐income neighborhoods. The Development Code Update shall amend zoning to allow more housing variety and higher densities in various residential and commercial zones. (Program 5)
Exhibit 1- 2023-2031 Housing Element 1454
HOUSING   HE‐3
Policy HE‐1.8 Accessory Dwelling Units in New and Existing Developments: The City shall encourage the development of accessory dwelling units within new and existing residential development and single‐family neighborhoods. (Program 6) Policy HE‐1.9 Infill Development Targets: In an effort to meet the infill target of 4,400 new units in the Greater Downtown Area, the City shall promote infill development within the Downtown and Greater Downtown areas through incentives such aslessrestrictive height limits, lessrestrictive setback and parking requirements,subsidies, infrastructure improvements, and streamlined permitting process. (Programs 2 and 7)
Policy HE‐1.10 Balanced Growth: The City shall ensure that development at the city’s outskirts, particularly residential or mixed‐use development, does not occur in a manner that is out of balance with infill development. (Program 7) Policy HE‐1.11 Transit Oriented Development: The City shall encourage higher‐density residential uses and mixed‐use development to locate near main transportation routes to offer an alternative means of transportation to employment centers, schools, shopping, and recreational facilities and to promote walking and biking. Consistent with the General Plan policies, the City will establish Transit Oriented Development overlays as part of the Development Code Update. (Programs 2, 5 and 7)
Policy HE‐1.12 Adaptive Reuse: The City shall encourage the adaptive reuse of existing buildings for residential and mixed use. The HAP shall outline potential reuse sites in the downtown area and explore potential partnerships and resources to retrofit chronically vacant buildings for residential and mixed uses. (Program 2) Policy HE‐1.13 Public/Private Partnerships: The City shall strive to establish public‐private partnerships for the revitalization of blighted areas. The HAP shall explore these partnerships and make recommendations on where these partnerships should be achieved to address existing barriers to new housing.  (Program 5) Policy HE‐1.14 Pursue State Funding for Infill: The City shall pursue State funding to support infill development in the Downtown and Greater Downtown areas. (Program 7)
Policy HE‐1.15 Improve the Downtown Image: The City shall strive to reshape the perception of Downtown Stockton as a livable city center.  (Program 2)
Policy HE‐1.16 Integrated Affordable Housing: The City shall encourage the integration of sites for affordable housing throughout the residentially designated areas of the city and avoid concentration of low‐income housing units.  (Programs 5 and 7)
Policy HE‐1.17 Mixed Income Housing: The City shall encourage mixed income developments to create more economically diverse neighborhoods. (Programs 5 and 6)
Policy HE‐1.18 Facilities and Services: The City shall provide, maintain, and upgrade, as necessary, community facilities and municipal services in support of residential development. (Program 4 and 29) GOAL HE-1 IMPLEMENTATION PROGRAMS
Program 1. Adequate Sites Monitoring and No Net Loss. As part of the annual progress report on the Housing Element to the Sstate, the City shall update its vacant land inventory, including an updated inventory of potential infill sites (smaller parcels). The City shall make the updated inventory available to the public and development community via the City’s website.

For any project approval on a Housing Element site for fewer housing units/or at lower densitiesthan assumed in the Housing Element, the City shall determine whether there is still adequate capacity to meet the remaining housing need, consistent with “no net loss” state law.

Exhibit 1- 2023-2031 Housing Element 1455
HE‐4 ENVISION 2040 GENERAL PLAN
Quantified Objectives: Continue to maintain sufficient sites to address 12,673 units.

Potential Funding: General Fund
Who Is Responsible: Community Development Department, Economic Development Department Time Frame: Update inventory annually as part of the Housing Element Annual Progress Report and assess “no net loss” as projects come forward on Housing Element sites.

Program 2. Downtown Implementation: The City shall continue to implement measures to enable development of 4,400 residential units in the Greater Downtown Area by 2035, as laid out in the Climate Action Plan and General Plan. This will include strategies and regulations anticipated as part of the Comprehensive Development Code Update and Housing Action Plan (HAP) currently underway. The HAP shall specifically explore the following topics:
• Sufficient infrastructure capacity and estimated costs forto develop all income types and densities. • Market analysis to explore the opportunities and constraints of new housing in the greater downtown area. • Cost gap analysis to better understand financial constraints in adaptive reuse of unused commercial buildings in the downtown area.
• Explore existing and potential funding mechanisms for infrastructure and building retrofitting. • Explore potential partnerships for new housing and supportive services for all income types.

Quantified Objectives: 4,400 residential units in the Greater Downtown Area by 2040.

Potential Funding: General Fund
Who Is Responsible: Community Development Department, Economic Development Department Time Frame: Adopt Comprehensive Development Code Update and HAP by end of 2023 or early 2024; and annually thereafter to identify any additional strategies to address the settlement agreementGeneral Plan goals.

Program 3. SitesIncluded in Previous Housing Elements: Asspecified in Appendix A,some vacant parcels have been included in the land inventories of the 5th CycleRound and 4th CycleRound Stockton Housing Elements assuitable to addressthe City’s RHNA allocation. Per Government Code Section 65583.2(c), to continue to include these parcels in that portion of the land inventory for this 6th CycleRound Housing Element, the City will commit to update all required Development Code and General Plan provisions to allow projects that have at least 20 percent affordable units (extremely low, very low, or low) without discretionary review or “by right” (Government Code Section 65583.2 (i)).

Quantified Objectives: 437 residential units on 16 repeat sites identified in Appendix A that don’t already allow residential development by right.

Potential Funding: General Fund
Who Is Responsible: Community Development Department
Time Frame: Update Development Code and, if needed, Land Use Element by December 31, 2026 Program 4. Public Facilities Repair and Replacement: Through implementation of the HUD Consolidated Plan, and upon funding availability, the City shall continue to identify and target low‐income neighborhoods for the expansion of existing facilities/infrastructure, replacement of deteriorating facilities, and construction of new facilities/infrastructure to increase quality of life for Stockton residents. To help identify these neighborhoods and facilities, the City shall update its Housing Conditions survey to better direct staff time and resources in identifying areas and facilities that could benefit the most.

Quantified Objectives: 5 public facility/ infrastructure projects Potential Funding: CDBG
Exhibit 1- 2023-2031 Housing Element 1456
HOUSING HE‐5
Who Is Responsible: Economic Development Department, Community Development Time Frame: Annually
Program 5. Housing and Neighborhood Action Plans: The City is currently preparing a Housing Action Plan (HAP) to provide a guidebook with information to interested developers and property owners about residential opportunities in the city. This plan will include the top priority sites the Ccity has identified as “shovel‐ready” for housing development. Selection of the priority sites will be based on financial feasibility analysis and policy goals. The HAP will be marketed and provided to potential developers upon completion. The City is also preparing Neighborhood Action Plans for three (3) neighborhoods ‐ South Airport Way Corridor, Little Manila/Gleason Park, and Cabral/East Cabral. The plans are focusing on eliminating barriers to housing construction and will result in recommended actions and strategies for each of the three Neighborhood Areas. In particular, the Neighborhood Action Plans for Cabral Station Area and Little Manila/Gleason Park neighborhoods will serve as a tool to improve conditions and opportunities in these two primarily lower‐income areas.

Quantified Objectives: Permit 1,000 residential units
Potential Funding: LEAP, REAP, General Fund
Who Is Responsible: Community Development Department
Time Frame: Late 2023
Program 6. Accessory Dwelling Units: The City will update its ADU regulations as needed throughout the planning period to address changes to Sstate law. The City will encourage the construction of ADUs throughout the city through the following actions. These actions, which are aimed at providing an increased supply of affordable units and therefore help reduce displacement risk for low‐income households resulting from housing overpayment and facilitate mixed‐income neighborhoods:
• Provide guidance and educational materials for building ADUs on the City's website, including permitting procedures and construction resources. The City already has preapproved/permit ready ADU plans available for use by homeowners. Additionally, the City will present homeowner associations with information about the community and neighborhood benefits of ADUs and inform them that covenants, conditions, and restrictions (CC&Rs) prohibiting ADUs are contrary to State law.
• Proactively advertise the benefits of ADUs by distributing multilingual informational materials in areas of high opportunity and limited rental opportunities to increase mobility for low‐income households. This will be achieved, by posting flyers in community gathering places and providing flyers to community groups and homeowners' associations at least annually.
• Monitor ADU production and affordability every other year and adjust or expand the focus of the education and outreach efforts. If needed, identify additional sites to accommodate the unmet portion of the lower‐income RHNA.
• Apply annually, or as grants are available, for funding to provide incentives for homeowners to construct ADUs. • Work with regional and local agencies to update the existing ADUs pre‐approved construction plans and explore moreadditional plans that reflect the housing market, cost constraints, and typical residential lots that could support them.

Quantified Objectives: Approve 180 ADUs over the course of the planning period, targeting areas of high opportunity, specifically the following neighborhoods ‐ Brookside/Country Club, Weston Ranch, Eight Mile/Bear Creek, Midtown around the University of the Pacific (between I‐5 and “Miracle Mile”/Pacific Avenue), western Upper Hammer/Thornton Rd, and eastern Morada/Holman.

Potential Funding: General Fund
Who Is Responsible: Community Development Department
Exhibit 1- 2023-2031 Housing Element 1457
HE‐6 ENVISION 2040 GENERAL PLAN
Time Frame: Starting in November 2024, evaluate the consistency of Stockton’s ADU regulations with Sstate law and update accordingly. Continue to make ADU materials available; evaluate effectiveness of ADU approvals every other year, starting April 2025; and, identify additional site capacity, if needed, by December 2026. Apply annually, or as grants are available, for funding to support ADU incentives.

Program 7. Infill Strategy: The City shall continue to implement the Downtown Infrastructure Infill Incentive Program or explore other financing strategies to facilitate the development of infill projects in the Downtown and Greater Downtown areas. The program identifies actions and incentives to promote infill development, including brownfield remediation. The Housing Action Plan, currently underway, will identify additional recommended strategies that could include:
 Identification of potential infill properties, both vacant and underutilized.  Explore the practicality and feasibility of pre‐approved design review and/or construction plans.  Increase waivers for development standards that would restrict buildout of a small infill lot. This could include reduced setbacks, height and size increases, and an increase in the amount of waiver by the Community Development Director.
 Density increases allowancesfor infill projectsto exceed the maximum density requirement through an existing 100‐percent Density Bonus or through a new process for market rate housing.  . As needed, Aadditional strategies and incentives will be considered andto plan and fund implemented and could include allowing less restrictive development standards; planning infinfrastructure improvements.  ; and sWays to further treamliningstreamline the ministerial design review permitting process for infill development.

Quantified Objectives: 100 extremely low incomelow‐income units and 150 other lower income units; funding for 10 brownfield sites minimum
Potential Funding: General Fund
Who Is Responsible: Economic Development Department, Community Development Department Time Frame: Adopt Housing Action Plan by the end of 2023. Implement Housing Action Plan strategies by 2025. Annually, beginning in 2026, identify any additional strategies needed to address overpayment and reduce displacement risk and implement them within 2 years of identification.

Program 8. Infill Site Assembly: The City shall actively work with local property owners and developers to assist in the consolidation and assembly of small infill parcels for residential projects, particularly as related to parcels listed in the sites inventory and parcels with multiple owners. The City shall continue to process lot mergers ministerially and shall offer incentives, such as expedited processing, in addition to the incentives already offered to infill development. The City is updating infill requirements in the Development Code as part of the Comprehensive Development Code Update. The City is also working on mapping potential infill sites that are vacant and ready for development as part of the Housing Action Plan, current underway (see Programs 5 and 15). The City shall also conduct meetings or some other type of public outreach to connect owners of properties with potential developers.

Quantified Objectives: Facilitate lot consolidation to produce sites for 2,300 moderate and above moderate residential units
Potential Funding: General Fund
Who Is Responsible: Economic Development Department
Exhibit 1- 2023-2031 Housing Element 1458
HOUSING HE‐7
Time Frame: Ongoing, as projects come forward; establish program to connect property owners and developers by June 2026.

Exhibit 1- 2023-2031 Housing Element 1459
HE‐8 ENVISION 2040 GENERAL PLAN
GOAL HE-2 AND ASSOCIATED POLICIES
GOAL HE-2: PROVIDE HIGH QUALITY HOUSING FOR ALL INCOME GROUPS.

ENCOURAGE AND PROMOTE THE CONSTRUCTION OF AFFORDABLE AND MARKET RATE HOUSING TO MEET CITY’S HOUSING NEEDS AND PROMOTE DEVELOPMENTS THAT CONSERVE ENERGY.

Policy HE‐2.1 Pursue Funding: The City shall pursue Ffederal and State housing assistance programs designed to help meet the needs of extremely low‐, very low‐, low‐, and moderate‐income households. (Program 10) Policy HE‐2.2 Networking and Collaboration: The City shall continue to collaborate with public agencies and private and nonprofit entities to access State, Ffederal, and other sources of funding to provide housing to lower‐ and moderate‐income households. (Program 9)
Policy HE‐2.3 Affordable Housing Incentives: The City shall explore incentives, bonuses, and flexibility in standards and requirements in the Development Code that could benefit affordable housing development, such as density bonuses, flexible development standards, and deferred payment of fees. (Programs 5, 11 and 18) Policy HE‐2.4 Homeownership Opportunities: The City shall continue to provide opportunities for and reduce barriers to homeownership and promote financial literacy and public awareness of the various means available to become a homeowner. (Program 10)
Policy HE‐2.5 Priority Sewer and Water Service for Affordable Housing: The City shall provide priority sewer and water service for developments that include lower income housing units, consistent with State law (Government Code Section 65589.7). (Program 11)
Policy HE‐2.6 Energy Conservation and Waste Reduction: The City shall promote energy conservation and waste reduction in residential site planning, design, and construction. (Program 12) Policy HE‐2.7 Energy Conservation and Efficiency in City Regulations: The City shall use its review and regulatory power to enhance and expand residential energy conservation and efficiency. (Programs 12, 13, and 14) Policy HE‐2.8 Green Building Concepts: The City shall require green building concepts and processes in new residential construction and rehabilitation of existing housing consistent with State building standards and local subdivision and zoning standards. (Program 12)
Policy HE‐2.9 Energy Conservation and Efficiency Programs: The City shall work with local energy providers to promote weatherization and energy conservation programs and incentives to new and existing residential developments, especially low‐income households. (Programs 12, 13, and 14)
Policy HE‐2.10 Green‐Up Stockton: The City shall encourage voluntary residential energy efficiency assessments and retrofits for existing dwelling units. (Program 13)
GOAL HE-2 IMPLEMENTATION PROGRAMS
Exhibit 1- 2023-2031 Housing Element 1460
HOUSING HE‐9
Program 9. Coordination with the Housing Authority of San Joaquin County: The City shall continue to work closely with the Housing Authority of San Joaquin County in providing assisted housing through the Housing Voucher Program (Section 8), and in providing housing and supportive services to special needs households and individuals. In addition, working with the Housing Authority, implement a Housing Choice Voucher education program to share information about the program and available incentives with rental property owners and managers as well as training on avoiding discriminatory practices based on income or other protected classes. Distribute this information at least annually to property owners and managers across the Ccity, though with an emphasis on higher (moderate, high, and highest) resource areas where there are no public housing opportunities available, a disproportionately low rate of voucher usage, and high performing schools.

Quantified Objectives: Provide vouchers to 3,800 households in Stockton and assist these lower income households in accessing rental opportunities with Housing Choice Vouchers to facilitate housing mobility.

Potential Funding: General Fund
Who Is Responsible: Economic Development Department, Housing Authority of San Joaquin County Time Frame: Ongoing; establish education program by the end of 2024 and distribute information. Then distribute information at least annually through the end of the planning period.

Program 10. State and Federal Funding: The City shall continue to apply annually for Ffederal entitlement funds under the CDBG, HOME and ESG Programs, and shall pursue additional State and Ffederal funding that becomes available during the planning period. The City shall continue to administer its Down Payment Assistance Program for low‐income first‐time homebuyers using a variety of funding sources, including CDBG and HOME funds. The program will be targeted to those buying in higher opportunity areas. The City shall support housing organizations and affordable housing developers by assisting in applications for funding, drafting letters of support and resolutions, and identifying potential sites for affordable housing. The City shall also discuss the possibility of requiring affordable units as part of development agreements when initiating discussions with applicants.

Quantified Objectives: Fund 200 extremely low‐, 400 very low‐, 450 low‐income units; Provide down payment assistance to 75 low‐income households, particularly in high opportunity areas.

Potential Funding: General Fund; CDBG, HOME, HELP, and CalHome Who Is Responsible: Economic Development Department
Time Frame: Review funding opportunities annually; down payment assistance program is ongoing Program 11. Priority Sewer and Water Service for Affordable Housing: The City shall include language in the development code to provide priority sewer and water service for developments that include lower income housing units, consistent with State law (Government Code Section 65589.7).

Quantified Objectives: Include in Development Code as part of Comprehensive UpdateN/A Potential Funding: General Fund
Who Is Responsible: City Council, Municipal Utilities Department, Community Development Department Time Frame: Include in Development Code as part of Comprehensive Update by December 31, 2023early 2024 Program 12. Property Assessed Clean Energy (PACE) Program. The City shall continue to provide programs for property owners to finance the purchase and installation of infrastructure improvements to their properties with no up‐front costs for: renewable energy, energy‐ and water‐efficiency improvements, water conservation upgrades, and/or electric vehicle charging.

Quantified Objectives: Connect 60 eligible Stockton residents with energy‐ and cost‐saving programs to reduce overpayment on housing costs.

Exhibit 1- 2023-2031 Housing Element 1461
HE‐10 ENVISION 2040 GENERAL PLAN
Potential Funding: Property Assessed Clean Energy (PACE) financing Who Is Responsible: Economic Development Department
Time Frame: Ongoing
Program 13. Green‐Up Stockton: The City shall continue to encourage voluntary energy assessments for housing units built prior to November 1, 2002. The City shall continue to work with community services agencies and PG&E and other funding sources to identify funding and incentivize residential energy efficiency projects.

Quantified Objectives: Connect 60 eligible Stockton residents with energy‐ and cost‐saving programs to reduce overpayment on housing costs.

Potential Funding: General Fund
Who Is Responsible: Community Development Department
Time Frame: Ongoing
Program 14. Weatherization Activities: The City shall advertise local weatherization programs by posting information on the City website and distributing fliers and brochures, and shall refer elderly homeowners, low‐income households within certain income limits, and the general public to agencies offering weatherization programs.

Quantified Objectives: 200 units weatherized
Potential Funding: Home Energy Assistance Program HEAP
Who Is Responsible: Economic Development Department
Time Frame: Ongoing
GOAL HE-3 AND ASSOCIATED POLICIES
GOAL HE-3: REMOVE GOVERNMENTAL CONSTRAINTS. ADDRESS AND, WHERE

FEASIBLE, REMOVE UNNECESSARY GOVERNMENTAL CONSTRAINTS TO THE DEVELOPMENT, IMPROVEMENT, AND MAINTENANCE OF STOCKTON’S HOUSING STOCK, AND ENCOURAGE HIGHER-DENSITY DEVELOPMENT.

Policy HE‐3.1 Mitigate Governmental Constraints: The City shall strive to mitigate local governmental constraints to the development, improvement, and maintenance of housing. (Programs 15, 16, and 17) Policy HE‐3.2 Streamlined Permitting: The City shall continue to streamline the local permit review and approval processes for affordable and infill housing projects. (Programs 15, 17 and 18) Policy HE‐3.3 Application and Development Fees: The City shall strive to ensure that application and development fees do not unnecessarily constrain production of new infill and multifamily housing. (Program 16) Policy HE‐3.4 Defer Fees for Affordable Housing: The City shall continue waiving and deferring eligible fees to help offset development costs for affordable housing. (Program 16)
Exhibit 1- 2023-2031 Housing Element 1462
HOUSING HE‐11
Policy HE‐3.5 Creativity and Flexibility: The City shall allow for flexibility in the application of development standards to encourage creative and innovative housing solutions. (Program 18) GOAL HE-3 IMPLEMENTATION PROGRAMS
Program 15. Development Code Revisions: As part of the Comprehensive Development Code Update, the City shall complete the following changes to the Development Code:
• Amend the Development Code to allow care homes for six persons or fewer in the RE zone to fully comply with State law, which requires group homes for six or fewer to be treated as a single family home. • Amend the Development Code to allow care homes for more than six persons without a Uuse Ppermit, to comply with State law.
• State explicitly in the Development Code that 100 percent residential projects are allowed in CD, CN, and CG districts as is currently allowed in practice.
• Expand Development Code to allow residential projects in all residential and commercial zoning designations. • Continue to permit all types of housing (single family, multi‐unit, and multifamily) uses “by‐right” and expand “by‐ right” land uses for businesses and services that support housing. •
• Update Use Permit findings (used for review of residential uses) to be objective. • Update Design Review findings to be objective.
• Update Design Review Guidelines (subjective) to Standards to increase their (objectivitye). • Amend the Development Code to allow employee housing for six persons or fewerlessin the same way residential structures are allowed in zones allowing residential uses. • Amend the Development Code to update standards for emergency shelters, including parking, minimum distance, and any other updates needed for consistency with current State law. • Include a State‐compliant definition of “family” in the Development Code. • Amend the Development Code and possible General Plan to encourage future transitions in disadvantaged communities via new commercial/industrial zones that would remove heavy industrial uses from many of the South Stockton areas.
• Evaluate the possibility of implementing SB 10 (Planning and Zoning Law) in appropriate areas of the city. • Per the agreements with the Department of Justice and Sierra Club, the City shall create new industrial design and operational standards that will regulate new industrial uses and buildings adjacent to residential communities. • Explore additional community benefit optionsthat could be included in the criteria for initiating modified and new Development Agreements. These benefits could include Inclusionary Housing requirements and fees, Community Benefit agreements, increase land dedications for future city services, and join‐lease agreements for schools and civic uses.

Quantified Objectives: N/A
Potential Funding: General Fund
Who Is Responsible: Community Development Department
Time Frame: December 31, 2023Early 2024
Program 16. Fiscally Positive Impact Fees: The City’s adopted impact fees on new development or other ongoing funding mechanisms(e.g., community facilities districts) are fiscally positive to the City. The City shall continue to consider the impacts on the cost, supply, and affordability of housing and ensure that fees do not unduly constrain housing development by continuing to monitor the Residential Development Public Facilities Fees (PFFs) Exemption Program, Citywide Affordable Housing Development Public Facilities Fees Exemption Program, Greater Downtown Stockton Residential Development Public Facilities Fees Exemption Program, and Stockton Economic Stimulus Plan (SESP) fee reduction components to ensure they Exhibit 1- 2023-2031 Housing Element 1463
HE‐12 ENVISION 2040 GENERAL PLAN
are addressing potential constraints. The City is considering modifying the SESP program to only address multi‐family projectswill exploreconsider possible revisions to the aforementioned programs and explore additional programs as part of the HAP and Public Facilities Fees (PFFs) updates that are occurring in 2023/2024 .

Quantified Objectives: Provide exemptions and reductions to 200 housing units to reduce overpayment for housing costs and reduce displacement risk.

Potential Funding: General Fund
Who Is Responsible: Community Development Department, Public Works Department, Administrative Services Department
Time Frame: Annually, evaluate exemptions provided and determine whether all constraints to housing development associated with impact fees or other funding mechanisms are sufficiently addressed. If it is found that they are not being addressed, modifications will be made to one or more exemption programs within one year. This will occur after each annual review until the end of the planning period.

Program 17. Streamline Approvals for Affordable Housing Projects: The City will develop a preliminary application form and procedure or will formally adopt the Preliminary Application Form developed by the California Department of Housing and Community Development (HCD), pursuant to SB 330. The City will also establish a written policy and/or procedure, and other guidance as appropriate, to specify the SB 35 streamlining approval process and standards for eligible projects under Government Code Section 65913.4. The applications will be available on the City’s website for developers interested in pursuing the streamlined process or vesting rights.

Quantified Objectives: 300 new units permittedN/A
Potential Funding: General Fund
Who Is Responsible: Community Development Department
Time Frame: Develop or adopt HCD’s SB 330 preliminary application form by December 2024. Develop an SB 35 streamlined approval process by June 2025 and implement as applications are received.

Program 18. Density Bonuses: The City will continue to allow density bonuses that exceed State requirements and periodically amend its Development Code to comply with changesin California’s density bonuslaw (Government Code Section 65915 et seq., as revised) and will promote the use of density bonuses for lower‐income units by providing information through a brochure in City buildings and on the City’s website. In addition, as part of the Development Code process the City will explore the creation of a new staff level process that would allow projects for all income levels to exceed density maximums (General Plan prescribed and 100‐percent bonuses).

Quantified Objectives: Facilitate the construction of 1,000 lower‐income units to increase mobility opportunities; encourage density bonus units in high‐resource areas.

Potential Funding: General Fund and grant funding
Who Is Responsible: Community Development Department
Time Frame: Complete as part of Comprehensive Development Code Update by December 31, 2023early 20234; annually review Development Code and revise as needed; produce brochures and make information available on the City’s website by December 2024.

Exhibit 1- 2023-2031 Housing Element 1464
HOUSING HE‐13
GOAL HE-4 AND ASSOCIATED POLICIES
GOAL HE-4: PRESERVE EXISTING HOUSING. CONSERVE AND ENHANCE EXISTING HOUSING IN STOCKTON'S NEIGHBORHOODS.

Policy HE‐4.1 Preserve Existing Affordable Housing: The City shall seek to preserve existing affordable rental housing, such as subsidized apartments for lower‐income households, mobile homes in mobile home parks, and low‐cost private rental housing. (Program 19 and 22)
Policy HE‐4.2 Housing Maintenance and Rehabilitation: The City shall encourage maintenance, repair, and rehabilitation of existing owner‐occupied, rental, and affordable housing to prevent deterioration of housing and ensure that housing is safe and sanitary. (Program 20)
Policy HE‐4.3 Housing Unit Replacement: The City shall promote the removal and replacement of dilapidated housing units in compliance with State law regarding replacement of existing affordable housing. (Program 21 and 22) Policy HE‐4.4 Property Management: The City shall encourage good property management practices in rental properties through regulatory agreements, informational items, code enforcement staffing, the Crime Free Multi‐family Housing program, and the City’s rental inspection ordinance. (Program 21) GOAL HE-4 IMPLEMENTATION PROGRAMS
Program 19. Preserve At‐Risk Units: Pursuant to Assembly Bill (AB) 1521, the City will monitor the list of all dwellings in Stockton that are subsidized by government funding or low‐income housing developed through local regulations or incentives. The list will include, at a minimum, the number of units, the type of government program, and the date on which the units are at risk to convert to market‐rate dwellings. There have been 392 units (see Analysis of At‐Risk Housing section in the Regional Housing Needs Assessment) identified as at risk of converting to market rate within ten (10) years of the beginning of the 6th Ccycle Housing Element planning period. The list will include, at a minimum, the project address; number of deed‐restricted units, including affordability levels; associated government program; date of completion/ occupancy; and the date on which the units are at risk to convert to market rate. The City will work to reduce the potential conversion of any units to market rate, in order to reduce the potential for displacement and/or placement of additional constraints on the existing affordable housing stock through the following actions:
• Monitor the status of affordable projects, rental projects, and manufactured homes in Stockton. Should the property owner(s) indicate athe desire to convert properties, consider providing technical and financial assistance, when possible, to incentivize long‐term affordability.
• Provide information on at‐risk housing as well as other housing options and programs for residents and housing advocates on the City’s websiste.
• If conversion of units is likely, work with local service providers as appropriate to seek funding to subsidize the at‐ risk unitsin a way that mirrorsthe HUD Housing Choice Voucher (Section 8) program. Funding sources may include state or local funding sources to reduce potential for displacement of residents.

Pursuant to State law (Government Code Sections 65853.10, 65863.11, and 65863.13), owners of deed‐restricted affordable projects are required to provide notice of restrictions that are expiring to all prospective tenants, existing tenants, and the City within three (3) years, 12 months, and six (6) months before the scheduled expiration of rental restrictions. In addition, the City or owner will provide notice to HUD, HCD, and the local legal aid organization. Owners shall also refer tenants of at‐ risk units to educational resources regarding tenant rights and conversion procedures and information regarding Section 8 rent subsidies and any other affordable housing opportunities in the Ccity. In addition, notice shall be required prior to Exhibit 1- 2023-2031 Housing Element 1465
HE‐14 ENVISION 2040 GENERAL PLAN
conversion of any units to market rate for any additional deed‐restricted lower‐income units that were constructed with the aid of government funding, that were required by inclusionary zoning requirements, that were part of a project granted a density bonus, or that were part of a project that received other incentives.

If a development is offered for sale, HCD must certify persons or entities that are eligible to purchase the development and to receive notice of the pending sale. Placement on the eligibility list will be based on experience with affordable housing administration / management.

When necessary, the City shall continue to work with property owners of deed‐restricted affordable units who need to sell within 55 years of the unit’s initial sale. When the seller is unable to sell to an eligible buyer within a specified time period, equity‐sharing provisions are established (pursuant to the affordable housing agreement for the property), whereby the difference between the affordable and market values is paid to the City to eliminate any incentive to sell the converted unit at market rate. Funds generated would then be used to develop additional affordable housing in the Ccity. The City shall continue tracking all residential projects that include affordable housing to ensure that the affordability is maintained for at least 55 years for owner‐occupied units and 55 years for rental units, and that any sale or change of ownership of these affordable units prior to satisfying the 45‐ or 55‐year restriction shall be “rolled over” for another 45 or 55 years to protect “at‐risk” units.

Quantified Objectives: Continue to monitor the 392 assisted units, and if any become at risk, work with property owners to develop a strategy to provide assistance to maintain or replace 392 at‐risk units as affordable to reduce potential for displacement of tenants and loss of affordable housing stock in the city.

Potential Funding: HOME, CDBG, CalHOME
Who Is Responsible: Economic Development Department
Time Frame: Ongoing communication with owners, service providers, and eligible potential purchasers; work with owners of deed‐restricted units on an ongoing basis, in particular at the time of change of ownership.

Program 20. Housing Rehabilitation Programs: The City shall continue to administer its owner‐occupied loan program and emergency repair program using a variety of funding sources, including CDBG and HOME funds. The City will improve communication regarding rehabilitation assistance programs currently available for lower‐income households, including to eligible owners of mobile homes, and rental property owners to alleviate substandard conditions. The City is currently conducting a study that included a windshield survey of the former redevelopment areas and opportunity zones to identify parcels/properties with physical signs of deterioration, vacant properties, and potential environmentally contaminated sites.

The results of the study and survey will inform priorities for rehabilitation during the planning period. In addition, tThe HAP and Neighborhood Action Plans will outline underutilized and vacant parcels as well as complete a housing condition survey to indicate units in need or repair.

Quantified Objectives: Assist 300 lower‐income units to address potential displacement, especially in areas of the city with the poorest housing conditions.

Potential Funding: HOME, CDBG, CalHOME
Who Is Responsible: Economic Development Department
Time Frame: Complete study and survey in 2023. Rehabilitation program is ongoing.

Program 21. Code Enforcement Program: The City shall continue to inspect housing units in targeted areas to check for building code violations. In situations where properties cannot be rehabilitated, the City will continue to enforce the removal and replacement of substandard units.

Quantified Objectives: Inspect 2,000 units annually
Potential Funding: CDBG
Exhibit 1- 2023-2031 Housing Element 1466
HOUSING HE‐15
Who Is Responsible: Police Department: Neighborhood Services Division Time Frame: Ongoing
Program 22. Replacement of Existing Affordable Units: In accordance with California Government Code Section 65583.2(g), the City will require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development that removes existing residential units (residential, mixed‐use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower‐income households at any time during the previous five years. The HAP and Neighborhood Action Plans will outline underutilized and vacant parcels as well as complete a housing condition survey to indicate units in need or repair. This requirement applies to:
• Nonvacant sites
• Vacant sites with previous residential uses that have been vacated or demolished.

Quantified Objectives: N/A
Potential Funding: General Fund
Who Is Responsible: Community Development Department
Time Frame: Ongoing
GOAL HE-5 AND ASSOCIATED POLICIES
GOAL HE-5: PROVIDE EQUITABLE HOUSING AND SUPPORTIVE SERVICES.

PROVIDE A RANGE OF HOUSING OPPORTUNITIES AND SERVICES FOR

HOUSEHOLDS WITH SPECIAL NEEDS, PROMOTE HOUSING OPPORTUNITIES FOR

ALL RESIDENTS, AND SUPPORT THE ELIMINATION OF DISCRIMINATION IN HOUSING.

Policy HE‐5.1 Special Needs Accommodation: The City shall seek to accommodate housing and shelter for residents with special needs through appropriate zoning standards and permit processes. (Programs 23, 24, 25, 26, and 27) Policy HE‐5.2 Homeless Needs: The City shall strive to address the shelter needs of its homeless residents, and continue to support the provision of facilities and services to meet the needs of homeless individuals and families. (Program 23) Policy HE‐5.3 Temporary Housing: The City shall support temporary housing for individuals with special needs (e.g., seniors who have experienced abuse or neglect, individuals who may be at physical or psychological risk, mentally ill homeless individuals, those with HIV/AIDS or other debilitating illnesses) in board and care homes and respite centers. (Program 23) Policy HE‐5.4 Large Households: The City shall encourage the development ofsingle‐family and multifamily housing affordable to large households. (Program 28)
Policy HE‐5.5 Households with Language Barriers: The City shall make information available on housing opportunities and programs to residents who are primarily non‐English speaking. (Program 28) Exhibit 1- 2023-2031 Housing Element 1467
HE‐16 ENVISION 2040 GENERAL PLAN
Policy HE‐5.6 Housing for Persons with Disabilities: The City shall encourage the development of housing accessible to people with disabilities, including developmental disabilities. The City shall ensure equal access to housing by providing reasonable accommodation for individuals with disabilities. (Programs 24, 25, and 27) Policy HE‐5.7 Reasonable Accommodation: The City shall ensure equal access to housing by providing reasonable accommodation for individuals with disabilities. (Program 27) Policy HE‐5.78 Farmworkers: The City shall work with San Joaquin County in efforts to increase the availability of safe, sound, and affordable housing for farmworkers. (Program 26)
Policy HE‐5.89 Prohibit Discrimination: The City shall support the strict observance and enforcement of anti‐discrimination laws and practices including prohibiting discrimination in the sale or rental of housing with regard to race, color, national origin, ancestry, religion, disability, source of income, gender/gender identity, sexual orientation, marital status, and familial status. (Programs 28 and 30)
Policy HE‐5.910 Affirmatively Further Fair Housing: The City shall affirmatively further fair housing consistent with State and Ffederal law through implementation of programs in this Housing Element and in all other City practices. (Program 28 and 29)
GOAL HE-5 IMPLEMENTATION PROGRAMS
Program 23. Continue to Support Organizations Assisting Homeless Persons: The City shall annually apply for and continue to pursue State and Ffederal funds available to the City, private donations, and volunteer assistance to support homeless shelters. The City shall continue to provide financial assistance from its Emergency Solutions Grant (ESG) funding to homeless service providers and continue to support additional development of shelter facilities as requested by shelter providers. In addition, the City shall review the need for additional shelter facilities and services when it updates its Consolidated Plan.

Quantified Objectives: Annually, assist up to 2,000 unduplicated homeless persons; and 1,000 households at‐risk of homelessness with limited‐term rental assistance or utility payments. As part of this, increase the number of board and care or other types of residential or transitional care facilities for vulnerable populations by 300‐500 beds.

Potential Funding: ESG, CDBG
Who Is Responsible: Economic Development Department
Time Frame: Apply for funding annually
Program 24. Continue to Assist the Disabled in Community Development Block Grant Project Areas: The City shall continue to include special provisions for housing the disabled in CDBG project areas, including mobility grants for homes (e.g., Emergency Repair Program) and accessibility features.

Quantified Objectives: Provide mobility assistance home‐repair grants for 120 low‐income individuals and households in Stockton, including rental units for owners of four (4) or fewer rental units.

Potential Funding: CDBG
Who Is Responsible: Economic Development Department, Public Works Department Time Frame: Annually, contingent upon CDBG funding
Program 25. Universal Design: Update the City’s standards in the Development Code to encourage universal design features in new homes and accessory dwelling units and improve access to housing for senior residents and other residents with disabilities.

Exhibit 1- 2023-2031 Housing Element 1468
HOUSING HE‐17
Quantified Objectives: 100 housing units with universal design featuresto facilitate accessibility for persons with disabilities and seniors; encouraging at least five (5) of these units to be located near transit stations and services.

Potential Funding: General Fund
Who Is Responsible: Community Development Department
Time Frame: Make updates as part of the Comprehensive Development Code update by December 31, 2023early 2024 Program 26. Assist Farm Workers and other Members of the Workforce: The City shall continue to provide ongoing assistance to farm laborers by working with the San Joaquin Housing Authority, San Joaquin County, agricultural employers, farm labor housing advocates, and the development community to develop affordable, decent housing, including rental housing, for farm workers. The City will update how employee housing (including housing for agricultural workers) is allowed in the Development Code in Program 12.

Quantified Objectives: Assist other organizations in developing at least 500 units of housing for farmworkers in Stockton or in the Ccounty during the planning period.

Potential Funding: CDBG, HOME, CalHOME
Who Is Responsible: Economic Development Department
Time Frame: Meet twice per year to explore opportunities for farmworker housing Program 27. Addressing the Needs of Those with Disabilities: The City shall continue to work with the Valley Mountain Regional Center to implement an outreach program that informs families in the Ccity about housing and services available for persons with developmental disabilities. The program includes informational brochures, and information is available on the City’s website. For compliance with State law, the City will revise or delete the following two findings for granting a reasonable accommodation:
• Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.
• Whether alternative reasonable accommodations could provide an equivalent level of benefit.

The City will also make the following revisions:
• Section 16.214.030 Definitions: “‘Individual with a disability'” means any person who has a medical condition, physical disability, or mental disability that substantially limits one (1) or more of the person’s major life activities, as those terms are defined in the Acts.” The City’s definition here aligns with the federal, but not the state definition of disability. To comply with Government Code § Gov. Code §12926.1(c), the City will strike the word “substantially”. The City shall also include a complete definition of disability: The Act protects any of the following:
an individual with a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having any such impairment; or anyone who has a record of having such an impairment. Individuals in recovery from drug or alcohol abuse are protected by federal and state fair housing laws. However, individuals currently using illegal substances are not protected under the law, unless they have a separate disability. • The Development Code shall be updated to be clear that protections afforded people with disabilities under federal and state fair housing laws extend to those who are associated with them, including providers and developers of housing for people with disabilities.
• Section 16.214.060 Application Filing: A provision will be made to ensure confidentiality of the person with a disability’s contact and medical information. Further, this section will make clear that not only may a person with a disability file an application, but also an organization serving people with disabilities (e.g. sober living homes, transitional or supportive housing for people with disabilities, etc.) Exhibit 1- 2023-2031 Housing Element 1469
HE‐18 ENVISION 2040 GENERAL PLAN
• Section 16.214.070 Review and Processing: The City will remove the requirement to notify neighbors of a reasonable accommodation request, to ensure meaningful access to the City’s land use and zoning programs under the ADA and to affirmatively further fair housing under AB 686 and the Fair Housing Act. • Section 16.214.080 Findings and Decision: The City will add a clause making it clear that if the request is denied because it would impose an undue financial and administrative burden on the County and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the County, the Director or their designee must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit. • Section 16.214.090 Appeals: Revise to state that appeals will be directed to the City Manager in consultation with the ADA Coordinator, in order to ensure confidentiality.

The City shall also prepare public information brochures and website information on reasonable accommodationsfor disabled persons and translate the materials to provide information to residents with language barriers. The City shall make this information available at the public counter and distribute the materials to community groups and organizations that represent persons with disabilities.

Quantified Objectives: N/A
Potential Funding: General Fund
Who Is Responsible: Economic Development Department
Time Frame: Revise the Reasonable Accommodation findings procedure including the findings as part of the Comprehensive Development Code Update by December 31, 2023early 2024. Prepare public information on Reasonable Accommodations by June 2024. Continue to partner with the Valley Mountain Regional Center and review the materials on the City website annually starting in 2024 and update as needed after each annual review.

Program 28. Practices to Affirmatively Further Fair Housing: In compliance with California Government Code Sections 8899.50, 65583(c)(5), 65583(c)(10), and 65583.2(a) (AB 686), develop a plan to "affirmatively further fair housing" (AFFH).

The AFFH plan shall take actions to address significant disparities in housing access and needs for all persons regardless of race, color, religion, sex, gender/gender identity, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability and any other characteristic protected by the California Fair Employment and Housing Act (Part

2.8, commencing with Section 12900, of Division 3 of Title 2), Government Code Section 65008, and any other state and federal fair housing and planning law.

Specific actions include:
• Implement the following strategies to affirmatively further fair housing in coordination with the efforts of this action:
• Strategies to facilitate housing mobility/expand affordable housing in high opportunity areas: Programs 6, 10, 12, 13, 15, 24, 25
• Strategies to reduce or prevent displacement/place‐based revitalization strategies: Programs 4, 7, 9, 14, 16, 19, 20, 21, 22, 29
• The City shall continue to provide funds from its CDBG Program to San Joaquin County Fair Housing to provide fair housing counseling and education and outreach efforts to Ccity residents. In addition to providing contact information for San Joaquin Fair Housing on the City's website (under the Housing Division), the City shall continue to make referrals to Fair Housing as issues/cases come to the City's attention. The City shall also work with Fair Housing to periodically review and update fair housing brochures that are provided to the public and posted on the City's website. The City shall distribute fair housing information at City offices, the library, community centers, Exhibit 1- 2023-2031 Housing Element 1470
HOUSING HE‐19
and other community facilities. These actions are ongoing. Review fair housing materials every two years starting in 2024. Update materials as needed every two yearsfollowing the review. The City will assist at least 200 residents annually through the complaint referral process. If fewer than 200 residents use the process, provide assistance to all that do.
• The City will educate selected staff in the Community Development, Economic Development, City Attorney, and City Manager departments on responding to complaints received regarding potential claims of housing discrimination and provide these selected personnel with a handout detailing the process for someone with a complaint and the agency that should be contacted regarding a claim: Legal Aid of Northern California. The City will also maintain a log at the City Attorney's office of all complaints received. The initial Ttraining of City staff will start in 2024; with updated conduct updated training with new staff and to keep up with changes in the law everyoccurring two (2) years thereafter to align with changes to state law. • The City will also work with San Joaquin Fair Housing to provide explore additional training to housing providers to prevent discriminatory actions and behaviors. If the City does not have enough staff capacity to conduct The City will contract with a fair housing provider to provide housing audits in order to reduce displacement risk, particularly in lower opportunity areas of Stockton, the City will explore contracting with a fair housing provider or outside housing consultant to provide assistanceing b. By March 2025, and then later reviewed annually. , The steps in the process would be the City will issuinge a Request for Proposals for partnership with an external consultant to provide theis service of conducting housing audits annually.. The City will initiate solicitation and contracting with an organization to assist the City with providing housing audits annually. The City wouldill either renew the contract or seek a new fair housing provider to provide the same service on a yearly basis. • The City shall review and update its Analysis of Impediments to Fair Housing Report every five years. The next update is scheduled to happen in 2025.
• Should the City conduct a new General Plan Update within the housing cycle, the elements will be updated to strengthen existing AFFH and equity programs as well as a new disadvantaged community inventory for city and unincorporated areas within the City’s sphere of influence. • The City shall post its Annual Housing Element Progress Reports to HCD on the City website annually in the Spring after the report is completed.
• The City will implement multilingual communication and outreach strategies for City‐funded affordable housing developments as follows. To increase access to City housing programs and remove barriers to homeownership, provide translation services in the most common languages spoken locally at all public meetings by July 2024 and ensure all public materials are translated and made available. • In order to assist with the high percentage of households living in overcrowded situations, the City will continue to encourage rental developments to add additional bedrooms and will consider prioritizing the use of HOME funds for rental projects, provided that some of the units have three or more bedrooms with a goal of approving 100 units with three or more bedrooms.
• Incentivize on‐site child care in mixed use and multifamily development, particularly for projects in areas with higher proportions of single parent households.
• The City shall explore best practices for Rent Stabilization and Just Cause Evictions to increase the certainty and fairness within the residential rental market in the City in addition to the protection granted by California Civil Code Section 1946.2. Exploration may include efforts associated with the Housing Action Plan or additional outreach efforts specific to the topic presented.

Quantified Objectives: See individual strategies bulleted in the program language at left with specific targets.

Potential Funding: CDBG; HOME; General Fund
Who Is Responsible: Economic Development Department, Community Development Department Time Frame: Refer to each strategy in this Affirmatively Furthering Fair Housing (AFFH) program for specific time frames.

Exhibit 1- 2023-2031 Housing Element 1471
HE‐20 ENVISION 2040 GENERAL PLAN
Program 29. Environmental Health and Access to Resources: Environmental health is determined by air quality, climate change related outcomes, water quality, cancer prevalence, and more. Neighborhoods with poor environmental health conditions are often correlated to their proximity to industrial uses, majortransit corridors, and otherlarger pollution sources.

The City will facilitate environmental health‐oriented, place‐based revitalization of neighborhoods, particularly for housing in closer proximity to the lowest scoring areas in terms of environmental health, including the Port of Stockton along the San Joaquin River, Rough and Ready Island, downtown Stockton, and industrial areas east of the Union Pacific Railroad and south of Duck Creek to the southern boundary of the city adjacent to the Stockton Municipal Airport, which are more heavily impacted by pollution from prior industrial uses and diesel particulate matter from proximity to regional freeways and rail lines, through the following strategies:
• Update the City’s Parks and Recreation Master Plan and continue to enhance existing parks, open space, and tree plantings and provide new parks and open space in these areas to improve environmental health. Facilitate safe pedestrian and bicycle access to parks or open spaces to reduce environmental health disparities across the city.

Implement this objective during the CIP process.
• Work with Caltrans to reduce regional air quality impacts associated with regional transportation facilities. The City will meet with Caltrans annually, as feasible, to identify options for air quality improvements and coordinate action implementation.
• Partner with regional transit agencies and other organizations to address transit needs of those with disabilities including non‐fixed‐route transportation including paratransit, dial‐a‐ride, reduced‐fare taxis or volunteer driver programs.
• Increase active transportation facilities in Downtown and South Stockton to reduce dependence on automobiles and enhance safe connections to existing pedestrian and bicycle routes. The City will identify at least two active transportation projects in these areas of the city by June 2025. The City has completed a sidewalk survey as part of the Neighborhood Action Plans (in Little Manila/Gleason Park, Cabral Station and South Airport Way areas) to identify gaps and where repairs are needed. As part of implementation of the Neighborhood Action Plans, the city plansto pursue funding to assist property owners with repair and installation ofsidewalksin the three study areas.

Funding could come from local sources such asthe City’s General Fund or State or federal sources such as the Safe Routes to School Program.
• Meet with school district representatives by June 2025 to analyze whether housing security poses a barrier. Work with the school districts to assist in securing grant funding for teacher recruitment and retention bonuses, classroom materials, and other incentives for teachers to facilitate positive learning environments citywide. • Implement new commercial/industrial zoning in South Stockton (details are provided in Program 15) Implement new industrial zoning zoning standards and processing for reviewing existing and future industrial projects adjacent to residential uses (details are provided in Program 15) •
Quantified Objectives: See individual strategies bulleted in the program language at left with specific targets.

Potential Funding: General Fund
Who Is Responsible: Community Development Department and Public Works Department Time Frame: Refer to each strategy in this program for specific time frames.

Program 30. Removal of Racially Restrictive Covenants: Historically, covenants that restricted the sale of property to Whites or Caucasians‐only were prevalent in the City, especially on residential properties. Although such covenants were declared unconstitutional and have not been enforceable since 1948, many remain on recorded property deeds. Furthermore, if there are properties owned by the City of Stockton found to have racially restrictive covenants, the City will review the deeds of all City‐owned properties and remove any existing racially restrictive housing covenants found on them. In the future, any property purchased will require removal of any racially restrictive housing covenant prior to recording the property in the Exhibit 1- 2023-2031 Housing Element 1472
HOUSING HE‐21
City's name. Additionally, State law (AB 1466) gives property owners the opportunity to remove racially restrictive covenants from their own deeds. Since July 1, 2022, county recorders must provide a Restrictive Covenant Modification form to every person purchasing a property with a restrictive covenant and establish an implementation plan to identify unlawful restrictive covenantsin the records of their office. The City will develop a program to support and encourage individual property owners to remove such restrictions from their deeds and provide information about accessing the County process to do so. The City will use its social media platforms, website, and other communications tools to conduct outreach and provide information at community events to assist homeowners to identify and remove restrictive covenants.

Quantified Objectives: Remove all racially restrictive covenants from Stockton City‐owned properties by June December 2025 and assist in the removal of all from known privately owned properties by the end of the planning 6th housing cycleperiod. Advertise County program starting in 2025; launch website and social media campaigns to support property owners to voluntarily remove these covenants by December 2025, with ongoing reminders in City publications and at City events. Support County enforcement of this State requirement as appropriate through City actions. Work with at least 20 property owners annually to support their efforts to remove restrictions from their deeds.

Potential Funding: General Fund; grants if offered through a State or County program Who Is Responsible: Community Development Department; San Joaquin County Recorder Time Frame: Remove all covenants on City‐owned properties by June December 2025; launch informational campaign between June and December 2025; encouragement of removal of covenants from private properties is ongoing.

Exhibit 1- 2023-2031 Housing Element 1473
HE‐22 ENVISION 2040 GENERAL PLAN

IMPLEMENTATION PROGRAM TABLE
IMPLEMENTATION QUANTIFIED OBJECTIVES TIME FRAMEGoal HE‐1: Increase Housing Production and Ensure Adequate Land for All Housing Types and Income Levels1. Adequate Sites Monitoring and No Net Loss
Continue to maintain sufficient sites to address 12,673 units Update inventory annually as part of the Housing Element Annual Progress Report and assess “no net loss” as projects come forward on Housing Element sites

2. Downtown Implementation 4,400 residential units in the Greater Downtown Area by 2040 Adopt Comprehensive Development Code Update and HAP by early 2024; and annually thereafter to identify any additional strategies to address General Plangoals.Adopt Comprehensive Development Code Update by end of 2023;annually thereafter identify any additional strategies to address the settlementagreementGeneral Plan goals.

3. Sites Included in Previous Housing
Elements
437 residential units on 16 repeat sites identified in Appendix A that don’t already allow residential development by right.246 residentialunits on 9 repeat sites that don’t already allow residentialdevelopment by right Update Development Code and, if needed, Land Use Element by December 31, 2026

4. Public Facilities Repair and
Replacement
5 public facility/ infrastructure projects Annually

5. Housing and Neighborhood Action
Plans
Permit 1,000 residential units Late 2023

6. Accessory Dwelling Units Approve 180 ADUs over the course of the planning period, targeting areas of high opportunity, specifically the following neighborhoods ‐ Brookside/Country Club, Weston Ranch, Eight Mile/Bear Creek,Midtown around the University of the Pacific (between I‐5 and“Miracle Mile/Pacific Avenue), western Upper Hammer/Thornton Rd,and eastern Morada/Holman.

Starting in November 2024, evaluate the consistency of Stockton’s ADUregulations with State law and update accordingly. Continue to make ADUmaterials available; evaluate effectiveness of ADU approvals every other year,starting April 2025; and, identify additional site capacity, if needed, by December2026. Apply annually, or as grants are available, for funding to support ADUincentives.Starting in November 2024, evaluate the consistency of Stockton’sADU regulations with state law and update accordingly. Continue to make ADUmaterials available; evaluate effectiveness of ADU approvals every other year,starting April 2025; and identify additional site capacity, if needed, by December2026. Apply annually for funding to support ADU incentives.

7. Infill Strategy 100 extremely low‐ income units and 150 other lower income units; funding for 10 brownfield sites minimum
Adopt Housing Action Plan by the end of 2023. Implement Housing Action Plan strategies by 2025. Annually, beginning in 2026, identify any additional strategies needed to address overpayment and reduce displacement risk and implement them within 2 years of identification.

Exhibit 1- 2023-2031 Housing Element
1474
HOUSING HE‐23
IMPLEMENTATION QUANTIFIED OBJECTIVES TIME FRAME8. Infill Site Assembly Facilitate lot consolidation to produce sites for 2,300 moderate and above moderate residential units
Ongoing, as projects come forward; establish program to connect propertyowners and developers by June 2026.

Goal HE‐2: Provide High Quality Housing for All Income Groups9. Coordination with the Housing Authority of San Joaquin County
Provide vouchers to 3,800 households in Stockton and assist these lower income households in accessing rental opportunities with Housing Choice Vouchers to facilitate housing mobility
Ongoing; establish education program by the end of 2024 and distribute information. Then distribute information at least annually through the end of the planning period.

10. State and Federal Funding Fund 200 extremely low‐, 400 very low‐, 450 low‐income units; Provide down payment assistance to 75 low‐income households,particularly in high opportunity areas.

Review funding opportunities annually; down payment assistance program isongoing

11. Priority Sewer and Water Service for
Affordable Housing
Include in Development Code as part of Comprehensive UpdateN/A Include in Development Code as part of Comprehensive Update by December 31, 2023early 2024

12. Property Assessed Clean Energy
(PACE) Program
Connect 60 eligible Stockton residents with energy‐ and cost‐savingprograms to reduce overpayment on housing costs.

Ongoing

13. Green‐Up Stockton Connect 60 eligible Stockton residents with energy‐ and cost‐saving programs to reduce overpayment on housing costs.

Ongoing

14. Weatherization Activities 200 units weatherized OngoingGoal HE‐3: Remove Governmental Constraints15. Development Code Revisions N/A December 31, 2023Early 202416. Fiscally Positive Impact Fees Provide exemptions and reductions to 200 housing units to reduce overpayment for housing costs and reduce displacement risk.

Annually, evaluate exemptions provided and determine whether all constraintsto housing development associated with impact fees or other fundingmechanisms are sufficiently addressed. If it is found that they are not beingaddressed, modifications will be made to one or more exemption programswithin one year. This will occur after each annual review until the end of theplanning period.

17. Streamline Approvals for Affordable
Housing Projects
300 new units permitted N/A Develop or adopt HCD’s SB 330 preliminary application form by December 2024.

Develop an SB 35 streamlined approval process by June 2025 and implement as applications are received.

Exhibit 1- 2023-2031 Housing Element
1475
HE‐24 ENVISION 2040 GENERAL PLAN
IMPLEMENTATION QUANTIFIED OBJECTIVES TIME FRAME18. Density Bonuses Facilitate the construction of 1,000 lower‐income units to increase mobility opportunities; encourage density bonus units in high‐resource areas.

Complete as part of Comprehensive Development Code Update by early 2024;annually review Development Code and revise as needed; produce brochuresand make information available on the City’s website by December2024.Complete as part of Comprehensive Development Code Update byDecember 31, 2023; annually review Development Code and revise as needed;produce brochures and make information available on the City’s website byDecember 2024.

Goal HE‐4: Preserve Existing Housing19. Preserve At‐Risk Units Continue to monitor the 392 assisted units, and if any become at risk, work with property owners to develop a strategy to provide assistance to maintain or replace 392 at‐risk units as affordable to reduce potential for displacement of tenants and loss of affordable housing stock in the city.

Ongoing communication with owners, service providers, and eligible potential purchasers; work with owners of deed‐restricted units on an ongoing basis, in particular at the time of change of ownership.

20. Housing Rehabilitation Programs Assist 300 lower‐income units to address potential displacement, especially in areas of the city with the poorest housing conditions.

Complete study and survey in 2023. Rehabilitation program is ongoing.

21. Code Enforcement Program Inspect 2,000 units annually Ongoing22. Replacement of Existing Affordable Units
N/A Ongoing
Goal HE‐5: Provide Equitable Housing and Supportive Services23. Continue to Support Organizations Assisting Homeless Persons
Annually, assist up to 2,000 unduplicated homeless persons; and 1,000 households at‐risk of homelessness with limited‐term rental assistance or utility payments. As part of this, increase the number of board and care or other types of residential or transitional care facilities for vulnerable populations by 300‐500 beds. .

Apply for funding annually

24. Continue to Assist the Disabled in
Community Development BlockGrant Project Areas
Provide mobility assistance home‐repair grants for 120 low‐incomeindividuals and households in Stockton, including rental units forowners of four (4) or fewer rental units.Provide mobility assistancehome‐repair grants for 120 low‐income individuals and households inStockton, including rental units for owners of 4 or fewer rental units.

Annually, contingent upon CDBG funding

25. Universal Design 100 housing units with universal design features to facilitate accessibility for persons with disabilities and seniors; encouraging atleast five (5) of these units to be located near transit stations and Make updates as part of the Comprehensive Development Code update by early2024Make updates as part of the Comprehensive Development Code update by Exhibit 1- 2023-2031 Housing Element
1476
HOUSING HE‐25

IMPLEMENTATION QUANTIFIED OBJECTIVES TIME FRAME
services.100 housing units with universal design features to facilitateaccessibility for persons with disabilities and seniors; encouraging atleast 5 of these units to be located near transit stations and services.

December 31, 2023

26. Assist Farm Workers and other
Members of the Workforce
Assist other organizations in developing at least 100 units or housingfor farmworkers in Stockton or in the Ccounty during the planningperiod.

Meet twice per year to explore opportunities for farmworker housing

27. Addressing the Needs of Those with
Disabilities
N/A Revise the Reasonable Accommodation procedure including the findings as part of the Comprehensive Development Code Update by early 2024. Prepare publicinformation on Reasonable Accommodations by June 2024. Continue to partnerwith the Valley Mountain Regional Center and review the materials on the Citywebsite annually starting in 2024 and update as needed after each annualreview.Revise the Reasonable Accommodation findings as part of theComprehensive Development Code Update by December 31, 2023. Preparepublic information on Reasonable Accommodations by June 2024. Continue topartner with the Valley Mountain Regional Center and review the materials onthe City website annually starting in 2024 and update as needed after eachannual review.

28. Practices to Affirmatively Further
Fair Housing
See individual strategies bulleted in the program language at left withspecific targets.

Refer to each strategy in this Affirmatively Furthering Fair Housing (AFFH)program for specific time frames.

29. Environmental Health and Access to
Resources
See individual strategies bulleted in the program language at left with specific targets.

Refer to each strategy in this program for specific time frames.

30. Removal of Racially Restrictive
Covenants
Remove all racially restrictive covenants from Stockton City‐ownedproperties by December 2025 and assist in the removal of all knownprivately owned properties by the end of the 6th housing cycle.Advertise County program starting in 2025; launch website and socialmedia campaigns to support property owners to voluntarily removethese covenants by December 2025, with ongoing reminders in Citypublications and at City events. Support County enforcement of thisState requirement as appropriate through City actions. Work with atleast 20 property owners annually to support their efforts to removerestrictions from their deeds.Remove all racially restrictive covenants from Stockton City‐ownedproperties by June 2025 and from privately owned properties by theend of the planning period. Advertise County program starting in2025; launch website and social media campaigns to supportproperty owners to voluntarily remove these covenants by December2025, with ongoing reminders in City publications and at City events.

Remove all covenants on City‐owned properties by December 2025; launchinformational campaign between June and December 2025; encouragement ofremoval of covenants from private properties is ongoing.Remove all covenantson City‐owned properties by June 2025; launch informational campaignbetween June and December 2025; encouragement of removal of covenantsfrom private properties is ongoing.

Exhibit 1- 2023-2031 Housing Element
1477
HE‐26 ENVISION 2040 GENERAL PLAN

IMPLEMENTATION QUANTIFIED OBJECTIVES TIME FRAME
Support County enforcement of this State requirement asappropriate through City actions. Work with at least 20 propertyowners annually to support their efforts to remove restrictions fromtheir deeds.

Exhibit 1- 2023-2031 Housing Element
1478
HOUSING HE‐27

QUANTIFIED OBJECTIVES
Table HE‐1 below summarizes the City’s quantified objectives for new construction, rehabilitation, preservation, and housing assistance over an eight‐year time frame. These quantified objectives represent targets. They are estimates based on past experience, anticipated funding levels, and anticipated housing market conditions.

Table HE‐1: SUMMARY OF QUANTIFIED OBJECTIVES
2023‐2031

PROGRAM EXTREMELY
LOW
VERY
LOW LOW MODERATE ABOVE‐MODERATE
TOTAL

HOUSEHOLDS
New Construction1 1,232 1,233 1,548 2,572 6,088 12,673
Rehabilitation2 700 900 900 ‐ ‐ 2,500
Conservation/Preservation of At‐
Risk Units3 600 957 985 825 825 4,192
Notes:

1. Corresponds to the City’s RHNA.

2. Corresponds to objectives in Programs 14, 20, and 21.

3. Corresponds to the at‐risk affordable assisted units in the city (see Housing Needs Assessment, Table HE‐42 and Program 19) and objectives from Programs 9 aiming to conserve existing housing.

Exhibit 1- 2023-2031 Housing Element 1479
HE‐28 ENVISION 2040 GENERAL PLAN
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Exhibit 1- 2023-2031 Housing Element 1480
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 1 The following comments summarize feedback received from all workshops, study sessions, neighborhood meetings, go‐ to‐them‐events, stakeholder interviews, and one‐on‐one meetings.

HOUSING
General Comments
 Existing buildings have problems with windows and egress.  Need to maintain and improve the code to allow mixed‐use and downtown residential more viable.  Having to meet all residential and all commercial development codes is expensive.  People who moved into live‐work lofts were living but not working there.  Residential is by‐right in CD zone, which helps.
 If Stockton wants more housing, it needs to create business and make it easier to develop 3‐story garden apartments with stairs and no elevator. can’t do 4 stories with elevators or podiums and justified by the rents.

Three stories usually hit around 24 units/acre.
 The city didn’t want apartments previously but has changed its tune and now supports them.  Notice more than just property owners directly impacted by the efforts.  Consider inclusionary housing policies for the City.
 Concern about equity and housing justice; protect against gentrification.  Consider inclusionary housing and a community land trust.  60‐80 units per acre is the minimum number of units some need for a new affordable housing project. Mutual Housing is working on a project that is about 120 units per acre, but this project could be up to 200 units per acre.
 Infrastructure and environment can be a big issue in infill sites.  What happens if the City does not hit its RHNA numbers?  Explore the affordable gap in private project development.  Explore or encourage the use of Master Development Plans.  Does the City give bonds to help out with construction costs?  How is the Housing Action Plan (HAP) useful if it is not legally binding?  Include more CEQA streamlining recommendations and allowances.  City doesn’t do anything to help low‐income communities on the edges/fringes.  Are there sub‐categories within lower income?
 Some sites identified have constraints, so they haven’t been developed yet. For example, title issues, infrastructure issues, and environmental constraints.
 The City process of working with applicants and saying yes to projects has improved, but more work is needed.

The City could be more proactive than reactive in helping projects progress.  Need exemptions for offsite infrastructure improvements for affordable housing ‐ cost kills projects.  City must find funding for outdated offsite infrastructure (streetlights/sidewalks).  EIFDs to attract developers.
 Nonprofit projects shouldn’t be treated like for‐profit development.  Infill costs of deferred maintenance put off onto affordable projects makes them no longer affordable.  The City should maintain impact fee waivers for affordable projects.  Priority sites should follow the dollars/funding sources, be transparent with funding sources, and encourage flexibility with sites.
 Further streamlining of the permit process.
 Pre‐designed plans or approvals would help, especially with infill/scattered site development.  Need the ability for waivers on oddly shaped parcels.  Funders avoid items that trigger prevailing wages.

Exhibit 1- 2023-2031 Housing Element 1481
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 2  Interested in Adaptive Reuse of buildings downtown and any potential waivers/incentives in the Development Code that could help them attract developers.
 Parking reductions don't help them, as tenants are not located near quality transit want to park.  Stockton lacks quality transit as compared to Sacramento, and maybe when we get there, less parking outside the downtown will help, but not now.
 The area needs a better bike/ped system.
 SESP has made projects pencil out. With rising interest rates, without SESP, they would stop building in Stockton due to financial constraints.
 RSSC is forming a Housing Justice coalition creating separate entity. Will the City be a part of that effort.

NEIGHBORHOOD PLANS
General Comments
 Do not concentrate on affordable housing in one place.  People need help beyond housing, including education and jobs. Some people do not want government assistance or housing support.
 Improve homelessness and safety in all three Study Areas.  Landlords are pushing people out of their homes. Address emergency housing situations in the plans. Police are also clearing encampments and belongings.
 Allow an environment that is conducive to promoting/improving properties; improve customer service at the Planning counter.
 People drive fast on Pock Lane, there is a need for speed bumps.  There is a need for police patrol at the farmer’s market.  Re‐stripe streets where needed. There are inoperable cars on the street that need to be removed.  Improve and maintain parks throughout the City, especially the basketball courts. Most parks are safe during the day but feel unsafe at night.
 There is a need for remodeling and renovation of old dilapidated businesses. Perhaps more City money or grants could help with this.
 Addressing safety concerns should be the main focus.
 There is a need for duplex/triplex/fourplex units in these neighborhoods. Could be rentals or ownership units, but they need to be attainable. It would be nice to have a program to help people purchase these units.  Provide resources and housing opportunities for the homeless.  Reach out to the community and ask them what they would like to see in their neighborhood. The Dorothy Jones Community Center could be a venue option for an open house in South Airport Way. Talk with the churches in these areas to spread the word about the open house. Lueathel from the African American Chamber of Commerce San Joaquin is part of the Ministerial Alliance that meets at a church near South Airport Way. They can help spread the word about the open house. Work closely with Assembly Bill 617.  Community ambassadors can help address safety concerns in these neighborhoods, especially in South Airport Way.
 The wages for jobs in Stockton must equal the cost of living. People that live here commute outside of Stockton for work. There are not a lot of high‐paying jobs in San Joaquin County.  People cannot afford to buy homes because they are getting priced out by bay area investors.  There are multiple generations living in the same home in Stockton. The COVID‐19 pandemic increased this issue.
 Take into consideration parking when planning new housing in these areas.

Exhibit 1- 2023-2031 Housing Element 1482
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 3  There is a need for affordable housing in Stockton, especially in North Stockton. Prioritize higher‐density multifamily housing that is affordable and near transit.  There are no benches at many bus stops.
 Support the placement of new housing in walkable areas near grocery stores. Help ensure single‐family homes are being purchased by individuals and families instead of organizations.  Are there plans to form a committee as part of the Neighborhood Action Plan effort?  Reach out to the community to ask them about their housing needs. Hold pop‐ups at an existing event or maybe at a park. Attend resource fairs. Use Stockonia.org to advertise events. Go to churches and have a booth (St.

George's is the main church). Utilize Council Members to spread the word.  Barriers to housing include community opposition and drug abuse. There is also not enough space to build housing.
 People cannot afford homes because they are getting priced out.  There are vacant industrial buildings that are underutilized.  High development impact fees can be a barrier to housing development, one of our developers was charged a significant amount of school fees.
 Timing is important for developers; they lose money each month their project is delayed. Treat developers as customers.
 Support adaptive reuse of buildings like the Anaheim Packing building.  There is a need for hotels, especially in downtown Stockton.  Hatch workshop could benefit from some type of support.  Build relationships with hotels and support the conversion of hotels to homes.  Recommends the City create a homeownership training course that is available for the public. Do workshops in the encampments to boost the morale of the people living there.  Support mixed‐use housing development in these neighborhoods. There is a need for housing with wrap‐around services, including a pharmacy, health services, and food. Also recommends live/work units.  There is land that is underutilized and could be used for housing, but the owners do not want to do anything with the land.
 Housing needs to be accessible for the elderly and people with disabilities.  There are people that commute to Amazon but do not live in Stockton. Consider how we can provide housing and activities for young people to entice them to live in the City. Young people need a place to live with parking.

Provide nice walking trails or tracks where people can walk and play games.  Some neighborhoods have a liquor store instead of a grocery store.  Encourage the San Joaquin Regional Transit District bus to run more often.  Infrastructure can be a barrier to housing development in all three neighborhoods, especially sewer and water upgrades. Funding for infrastructure upgrades can also be an issue. Some grants kick in prevailing wages which increases the cost to build new housing.
 Building affordable housing tends to pencil out more than market‐rate housing in Stockton because of the funding opportunities.
 Look into the GreenMeansGo program from the Sacramento Area Council of Governments as a potential funding source.
 Environmental cleanup can also be a constraint.
 It could be costly to upgrade the telecom boxes, but this does not come up often when developing housing.  It would help if the owner could give the land to an affordable housing developer and/or not charge the holding cost.

Exhibit 1- 2023-2031 Housing Element 1483
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 4  Enterprise is working on a displacement assessment for the City. Maybe some of the actions can tie into the action plans.
 There is a need for quality education, jobs, and housing in all study areas.  Safety and drug use is a concern.
 Hold a training session for the board members and youth before starting the project's engagement efforts.

Maybe hold a charette style workshop. Provide a one to two‐month notice before scheduling an outreach event or training.
 Look into the Reconnecting Communities Pilot program. The National Parks Service has a History of Equal Rights grant opportunity.
 Consider the Hatch Workshop as a venue for outreach.
 The City does not have the funding needed for new affordable housing development. There is typically a need for local money to build affordable housing. Fee waivers or free land helps affordable housing developers. Also, the monthly rates housing developers can charge in San Joaquin County is much lower compared to other Counties. There is a need for project‐based vouchers to get rental assistance for affordable projects.  The more concessions and incentives the City can provide for affordable housing projects the better. Parking can be an issue, requiring less parking in areas that are near public transit.  The City has opportunities to tap into State funds that could help pencil out affordable housing projects.

Permanent Local Housing Allocation (PLHA) grants are one example.  Lessening the permit review time can help since affordable housing developers cannot apply for grants until the entitlement process is finished. It can be burdensome for affordable housing development. Also, having one point of contact throughout the development review process is helpful instead of having multiple contacts.  Basic amenities nearby are needed for new affordable housing development, including schools, transit, and grocery stores. New affordable housing near high quality transit opens up additional funding sources from the State, such as the Affordable Housing and Sustainable Communities grant.  To qualify for a large family affordable housing project, a developer needs a minimum of 25 percent two‐ bedroom and 25 percent three‐bedroom units.
 For a senior or supportive housing project, a developer might need a one‐acre site. 2.5 to 3 acres could be needed for a family affordable housing project.
 Job training, workforce development and education would help the unhoused population. Encourage small business opportunities.
 The roads are unsafe for pedestrians and bicyclists, people drive fast on the roads in these neighborhoods. Make sure the bikeways are connected.
 Reinvent South Stockton Coalition is working with the Community Foundation to create a Stockton housing innovation fund that would be Citywide. It would be a private housing trust fund.  Low‐income apartments are needed in these neighborhoods. Visionary Homebuilders is a good partner, they build great properties. Maintenance of apartments is also important.  The three study areas were hard to reach and hard to count for the census. An aging group of seniors and youth may not have services or amenities in these areas. Everyone is trying to figure out how to address issues in these neighborhoods.
 The lack of broadband and internet access is also an issue. There is no broadband in Little Manila/Gleason Park.

Communication is very important; look into how to increase access in these neighborhoods.  Transportation is an issue in these areas. The elderly need support to get to and from the doctor’s office.  Educational attainment is a concern in these neighborhoods.  Health disparities exist in these neighborhoods. A lot of people do not want to live on the freeway because of air pollution.

Exhibit 1- 2023-2031 Housing Element 1484
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 5  The parks are not safe in these neighborhoods.
 There is a lot of veterans in these neighborhoods and registered sex offenders. There is a need for mental health services.
 To reach these communities, recommend sending out people that can be trusted by each community group should knock on doors. The San Joaquin County Hispanic Chamber of Commerce had success during the Census gathering because of this effort. They also handed out information through paychecks. The utility bill is also a good place to insert information.
 We need homes with four to five bedrooms because multiple families could live in the same home.  Better wi‐fi is needed in new apartments. Work with the creator of Pac West to increase internet access in these neighborhoods.
 All three areas are uniquely different, but they have the same need for affordable and market‐rate housing that can bring some new life to it. There is a need for missing middle housing.  If there are environmental issues at any site, reach out to the State to see what can be done in terms of funding to clean up the site.
 San Joaquin Partnership is working with the County Office of Education, University of Pacific, Worknet and Delta College on a program for the next generation of workers. Look at the Volt Institute in Modesto. Focus on text generation programs that include mechanics, artificial intelligence, and robotics.  Set up a working group or some type of meeting with housing developers.  Support for infill development with wrap‐around services.  There is a need for housing for families, such as duplexes, triplexes, apartments with two or more bedrooms.  Cost of materials and labor is a barrier to housing development. The cost has gone down recently, but it is still expensive.
 There are absentee owners that change the dynamic of the neighborhood.  Transportation can be an issue since some households in the area might only have one car per family.  Educate landowners and homeowners about accessory dwelling units and junior dwelling units.  Engage the landowners in the neighborhoods to ask them why they are not developing the sites.  Resident input is very important. Talk with Reinvent Stockton Coalition, Little Manila Rising, Seventh Day Adventist Church, San Joaquin Council of Governments, public health services. Attending the farmers market event STAND holds. STAND also has two trust builders that go door to door. Identify the community member that is willing to be a leader to spread the word. STAND also sends out an eblast we can include information on.

Work with the Housing Authority. Keep the messaging simple. Visuals work well. Talk with Saint Linus Church.

Loop in the police department.
 The Notice of Funding Availability (NOFA) applications can be challenging. They are on a point system, and you need to show where the amenities are in proximity to the proposed housing development.  Look for vacant land where no one is living.

Cabral/East Cabral Comments
 There has been at least one walking study completed from the Cabral station to the Amtrak station. The study found it was difficult to cross the streets in some areas and there are also handicap issues. There is also an issue with lighting during the wintertime since it gets dark earlier. Some of the lights under the freeway are broken.

The homeless might be breaking the lights so people are not able to see where they are sleeping.  There are key neighborhood commercial nodes in the Cabral/East Cabral/East Cabral Station Area, including along Wilson Way, Weber, and California. Think about how the action plans will promote sustainable corridors.

This area needs more green space. Is the City working on a Downtown Station plan? Think about connectivity to Exhibit 1- 2023-2031 Housing Element 1485
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 6 the Cabral Train Station. Maybe the City can provide pedestrian friendly wayfinding from the train station.

SJCOG is working with the rail commission to install bicycle parking at the rail station. There are not a lot of activities in downtown. Maybe live/work and mixed‐use housing could work here. Look at circulation and mobility. How can we improve circulation in this neighborhood?  Nonresponsive owners in the Cabral/East Cabral Station Area are an issue. There is a need for services and amenities in this area. Be mindful of building housing next to freeways.  There is a need for streetlights that work and improved sidewalks. The walk from Amtrak to the Cabral Train station does not feel safe.
 There must be a mix of market‐rate and affordable housing in the Cabral/East Cabral Station Area. Build housing that provides a certain percentage of market‐rate and affordable units. Find ways to incentivize market‐rate housing. Maybe the City can waive certain fees. The City of Modesto has a forgiveness program the City can look into which waives certain planning and building fees for new development downtown.  There is a need for rental housing. However, in the Cabral/East Cabral Station Area, lower the number of rental units so there are also homeownership opportunities for those living in this neighborhood.  Cabral/East Cabral Station Area has been a big interest for a mixed‐use development with complimentary amenities for some time.
 Make building multifamily, affordable housing near the train station easier. There are examples out there that we can look at to see how can build market‐rate housing near rail. Make sure vacancy rates are low. Corridors need to be cleaned up. Larger sites are owned by a handful of entities, so getting them together can be challenging.
 Pedestrian scale lighting standards should be added for safety as well as a wayfinding program.  For smaller lots, the City should explore infill allowances for zero and/or small setbacks.  The City should explore a transit‐oriented development overlay to encourage more development by allowing no height restrictions, greater densities, flexible parking standards, and prohibiting specific auto‐oriented uses (drive‐throughs, fueling stations, carwashes, storage, etc.).

Little Manila/Gleason Park Comments
 There is an opportunity for placemaking and orienting people to the history of the Little Manila/Gleason Park study area. Maybe some improvements can be made to signify that this area is a gateway into the City. Market this area as a place that is worthy of people visiting. Access to the train station is challenging. We need a clear access point from the train station. Orient buildings and development towards the Mormon Slough. Maybe we can add a greenway along the Mormon Slough.
 During the walking tour of Little Manila/Gleason Park, the consultant team noticed: broken, uneven sidewalks; lack of trees and shade; no crosswalk on South San Joaquin Street and East Sonora Street; cars drive fast; and there are no trash bins. A schoolteacher cleans the street where she lives because there is daily trash in the street (a nearby restaurant that opens VERY early – the primary clientele is day laborers.)  Live/work units could work well in Little Manila/Gleason Park and in the Cabral/East Cabral Station Area. Provide a space where artists can work and live.
 Gleason Park is the last major development that has occurred in the Little Manila/Gleason Park neighborhood.  Ideas for reimagining Mormon slough includes bike lanes and a community garden.  There will be a new navigation center near Little Manila/Gleason Park that will provide case management.  There is a need for champions in Little Manila/Gleason Park that will encourage neighbors to maintain their properties.
 There are corner store markets in Little Manila/Gleason Park, but they do not offer healthy food options.

Exhibit 1- 2023-2031 Housing Element 1486
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 7  The lot sizes in Little Manila/Gleason Park constrain housing development. Housing preservation could work in this area. GRID has a single‐family retrofit program the project team could look into.  In the Little Manila/Gleason Park neighborhood, multiple families live in one home. There are also very few grocery stores in this neighborhood. Several agencies serve the unhoused community living in this neighborhood, people are fearful of the homeless. Talk to the police department.  Improvement ideas proposed for the Mormon Slough include a bike trail, community center or a place for the youth, park, walking trail, and affordable housing near the slough.  A potential new housing site in Little Manila/Gleason Park could include the parking lot on Sutter Street next to the community garden. It is an underutilized parking lot. Can also consider the parking lot and house at 520 South Hunter Street. Little Manila Rising is planning to build housing on the top floors of their two buildings.  Lack of curb cuts and inaccessible sidewalks is an issue in Little Manila/Gleason Park. The tree wells are also not large enough for tree planting. There are concerns about asthma in this neighborhood. Buildings in Little Manila might not be up to code.
 Little Manila Rising may become a Community Development Corporation in a few years. How often does the Mormon Slough get water? Think about why the unhoused population congregates there. Maybe the City can build tiny homes. Bakersfield received an award for its plan on river access. Promote nontraditional models of housing for the homeless.
 The Little Manila/Gleason Park area could be developed further. Mormon Slough should be a priority, addressing the challenges occurring here. To address the small lot size issues in this study area, talk to the property owners to get buy in to adjust the lot sizes. Give people options.  Maybe live/work units could work near the Mormon slough.  The Central Valley is trying to target tech and 30 year old’s that are not ready to buy a home yet.  The San Joaquin Partnership have been receiving calls related to data centers.  The area needs pedestrian‐scale lighting standards and increased coverage standards.  Traffic calming measures should be included (Bulb‐outs, safe pedestrian crossings, etc.).  For smaller lots, the City should explore infill allowances for zero and/or small setbacks.  Larger tree wells to accommodate trees provide benefits beyond ornamental/aesthetic function.

South AirPort Area Comments
 There are commercial needs along the South Airport Way corridor.  A lot of families in the South Airport Way neighborhood do not have transportation. Create a lively vibrant place where people can walk.
 Acknowledge the County fairgrounds When talking with people about the South Airport Way study area.  One of the strategies is a community land trust.
 The 8th Street and South Airport Way project is a catalyst project for this neighborhood; moving this project along as much as possible is very important.
 In the South Airport Way study area, the City could help housing developers by showing the environmental issues in this area.
 Faith‐based housing development could also be investigated.  Consider extending the area boundary further south to examine how the industrial plays into the residential areas. There may be climate‐related funding opportunities in this area. South Airport Way also needs rapid bus transit.
 Access to fresh foods is a need for the South Airport Way neighborhood. There is also a need for thriving businesses, parks, outdoor open spaces, and grocery stores in this neighborhood. There is a safety concern in this area.

Exhibit 1- 2023-2031 Housing Element 1487
Shape Stockton Housing and Neighborhood Feedback Summary‐updated June 2023 8  Put beds or tiny homes on the old racetrack for the homeless.  Think about what can be developed in the South Airport Way study area. There is a need for commercials as there is a food desert. Need to have access to grocery stores and other amenities.  Reinvent South Stockton Coalition is looking at a low‐income homeowner rehab program that could be for Fairview Terrace or Citywide.
 There is a plan for bikeways along South Airport Way. There is an opportunity for transit‐oriented development near the bus transit stop. Provide transportation opportunities to the job center area to the south. There are challenges for people to get to the job center after hours. Consider where there are opportunities to put housing and other amenities along the South Airport Way corridor.  South Airport Way is a very busy street. The streets are not conducive or safe for walking. The levee could be a nice place where people can walk, but there are homeless people in this area and some people feel unsafe.

From Carpenter Street to Fair Street there are at least six schools. Promote safe routes to schools along this route. Build a walking path from the Sierra Vista affordable housing development to the Dorothy Jones Community Center. Have a participatory list where people can rotate and walk kids to school.  Lots along South Airport Way might have environmental contamination issues which is a barrier to development since it is expensive to clean up the site. For example, the site located at the southeast corner of Ophir Street and 8th Street has environmental issues. The lot adjacent to Rancho San Miguel is also contaminated.  South Airport way needs more multifamily housing and commercial development to support housing.  South Airport Way has the highest rates of asthma, lowest education rates. There is also a concern about crime and safety. Trees are needed in this neighborhood. South Airport way is a food desert. The corridor also needs more streetlights.
 The South Airport Area study area is pretty built in from a residential perspective. Look down Mariposa Road.  Look at the internet cable and where the water connection is located. Cable was very expensive to bring out there.
 Expand the boundary to Charter Way and encourage a grocery store or shopping center. There are also other dilapidated areas in the City to consider. The area around Ponce is worse than Sierra Vista.  The City should explore minimum heights and/or stories to require larger nonresidential uses along Airport.  Encourage the creation and use of more private and public owed spaces.  Increase the amount of street trees/landscaping along Airport and side streets.  Enhanced paving materials along Airport and side streets.  Specific options for benches/trash receptacles/lighting/etc.  Pedestrian‐scale lighting standards.

SAFETY ELEMENT UDPATES
 Climate change is an issue and adaption, and resiliency must be addressed in City standards.  Service and evacuation routes should be updated to reflect environmental and climate change impacts.

Exhibit 1- 2023-2031 Housing Element 1488
1 LEGAL ADVOCACY UNIT
1831 K Street
Sacramento, CA 95811-4114
Tel: (916) 504-5810
Fax: (916) 504-5811
[email protected]
www.disabilityrightsca.org

August 18, 2023
Sent via e-mail
To: Stephanie Ocasio, Director of Community Development[email protected] Matt Diaz, Advanced Planning Manager- [email protected] Tristan Osborn, Senior Planner, Advanced Planning[email protected] Placeworks- [email protected]
Mayor Kevin Lincoln- [email protected]
Vice Mayor Kimberly Warmsley- [email protected] Councilmember Michelle Padilla- [email protected] Councilmember Dan Wright- [email protected]
Councilmember Michael Blower- [email protected] Councilmember Susan Lenz- [email protected]
Councilmember Brando Villapudua- [email protected] Cc: David Zisser, Assistant Deputy Director, HCD- [email protected] Melinda Coy, Land Use and Planning Manager, HCD[email protected] Irvin Saldana, Housing Policy Specialist- [email protected] RE: Follow Up Letter Regarding Stockton’s Revised Housing Element, June 2023 Public Draft
Dear Planning Department Staff, Consultants, Mayor Lincoln, and City Councilmembers:

Exhibit 1- 2023-2031 Housing Element 1489
2 DRC appreciates the City of Stockton’s incorporation of some of the comments DRC made regarding the City’s April 2023 Draft of its Housing Element – notably a commitment to update its reasonable accommodation ordinance and to coordinate with the regional transit authority to ensure accessible transit for people with disabilities. Please find DRC’s May 15, 2023 original comment letter here as Attachment A.

Notably, the City did not integrate important recommendations such as:
(1) a Program for Supportive Housing for People with Disabilities, (2) Meaningful Housing Programs for Unhoused Stocktonians, (3) Programs for the expansion of Tenant Rights; or,
(4) other recommendations for disabled Stocktonians.

While we thank the City’s Planning Department for the revisions it did adopt, we still urge the City to make changes to align with our recommendations in Attachment A, DRC’s May 15, 2023 Letter to the City with Comments on Stockton’s Public Draft Housing Element, April 2023.

The City Fails to Affirmatively Further Fair Housing in the Current Draft A. The City of Stockton’s Revised Housing Element Contains Zero Plans for Permanent Housing for Stockton’s 5,000 and Counting Houseless Individuals.

The City’s needs assessment, assessment of governmental constraints, and programs regarding unhoused are inconsistent with state and federal law. The State has committed to Housing First principles, affirmatively furthering fair housing, and must abide by the federal Fair Housing Act, Constitution, and the Americans with Disabilities Act.

First, the City needs to proactively commit to exploring its own data and analysis, as well as the analysis provided by trusted community partners like the Stockton Housing Justice Coalition, St. Mary’s Dining Hall, and DRC. The City should utilize the data and analysis it has, and use it to craft Programs which reflect the verifiable needs of the Stockton community for housing. These Programs must have well-articulated steps, timelines, and quantifiable objectives proportional to the needs for housing for the people of Stockton.

Exhibit 1- 2023-2031 Housing Element 1490
3 In response to DRC’s initial comments that the City’s estimate of its unhoused population is low, the City states that it will continue to monitor counts of unhoused as they are updated by qualified providers. See City of Stockton, Revised Draft Housing Element, pg. 378/454, June 2023.

According to Community Based Organizations working with homeless in the many encampments in Stockton, the number is closer to 5,000 people who may need emergency shelter on any given night. These numbers are based on local projections provided by our regional partners. For example, DRC holds a free legal clinic at St. Mary’s Dining Hall, a community based organization which substantiates the 5,000 homeless it serves in Stockton; a qualified source. The majority of the people who visit the clinic do not have their SSI or General Relief; though they meet definitions for various disability listings per the federal Social Security Administration and/or are categorically eligible at 65 years of age or older. There is also an apparent dearth of shelters and services for LGBTQIA+ Homeless Youth and Adults, undocumented people, undocumented farmworkers, DV Survivors, undocumented DV survivors, and/or undocumented DV survivors with children, or people with disabilities with children. So, we urge the City to commit to evaluating its data regarding the unhoused population, as well as their intersectional needs.

Further, the needs assessment should address the intersection of disability, homelessness, and criminal legal system involvement: (1) the City should recognize that people who are chronically homeless are by definition people with disabilities for their analysis of special populations, (2) unhoused Stocktonians who are formerly incarcerated face incredible barriers to housing in Stockton as they face criminal background checks to obtain it, and (3) people who are formerly incarcerated are mostly people of color and people with disabilities. When we add the intersection of homelessness to a person who is formerly incarcerated and disabled, the actual housing choice this person has in Stockton amounts to essentially none.

Second, as discussed in DRC’s First Letter- Attachment A, Stockton Municipal Code, Title 8, Chapter 8.100 “Protection of Critical Infrastructure” must be addressed as a barrier to housing for people who are unhoused and disabled.

This Ordinance is among the most punitive and restrictive in the State. It broadly defines “critical infrastructure” to include locations ranging from hospitals to parks and then bans “camping” near those areas at the risk of misdemeanor charges and up to $25,000 in daily fines. Criminalization, hefty fines, and loss of resources resulting from sweeps authorized by this Ordinance will inevitably lead to a cycle of homelessness that is impossible for a person, especially a Exhibit 1- 2023-2031 Housing Element 1491
4 person with disabilities, to escape. It is widely known that houselessness has a significant disparate impact based on race1 and disability.

The City states, regarding this Ordinance, that: “Staff believes this does not create a barrier to establishing or being housed in a new shelter as defined by state law.” See City of Stockton, Revised Draft Housing Element, pg. 369/454, June 2023. The City does not analyze whether the Ordinance is a barrier or not, it misconstrues shelter as housing, and does not address what the cycle of displacing people without providing services does to contribute to worsened housing stability. The City must address the impact of such an Ordinance both as a governmental constraint as well as an impediment to AFFH.

Even if the City’s camping ban were not so punitive, the City has not identified appropriate services and housing for its unhoused community and has no program to address that issue. Community groups in the City of Stockton such as the Stockton Echo Chamber, Faith in the Valley, and the Stockton Housing Justice Coalition, have told the City: “No Displacement Without Navigation.” However, through DRC’s community work, it knows there are not adequate public benefit services, shelter services, housing, food, transportation, housing or housing-related services to navigate people to.

To address this in a meaningful way, the City cannot undercount those who need to be housed. Under Program 23, the City states it aims to assist up to 2,000 unduplicated homeless persons; and 1,000 households at-risk of homelessness, with limited-term rental assistance or utility payments. As part of this, the City states it will increase the number of board and care or other types of residential or transitional care facilities for vulnerable populations by 300-500 beds. The ADA’s integration mandate and Olmstead v. L.C. et al, 527 US 581 (1999), the landmark Supreme Court case finding that the Americans with Disabilities Act ensures the right of people with disabilities to live and receive services in the most integrated setting appropriate, including to live in their homes and communities instead of in institutions, and to have greater independence, autonomy, and opportunities to participate fully in civic life:
demands more of the City. Through our role as the state’s Protection and Advocacy agency, we know that board and cares and other residential facilities are institutional settings and not the “most integrated” setting appropriate for the vast majority of unhoused individuals. See Olmstead v. L.C. et al, 527 US at 591-92, 596.
1 See University of California San Francisco, Toward a New Understanding: The California Statewide Study of People Experiencing Homelessness, June 2023.

Exhibit 1- 2023-2031 Housing Element 1492
5 Indeed, a federal Department of Justice investigation into Alameda County noted that county’s lack of permanent supported housing and stated that:
“Unable to access this evidence-based service, many individuals go to board and care homes instead. Board and care homes provide some minimal care and supervision, but residents frequently lack access to needed services and meaningful community life; further, these facilities tend to be overcrowded and highly variable in quality.”
2 Instead, as articulated by Welfare and Institutions
Code § 8255 et seq: permanent, evidence-based, housing solutions are necessary. But the Housing Element only indicates that there are 34 permanent supportive housing units for foster youth and 40 for people who are chronically homeless. See City of Stockton, Revised Public Draft, pg. 76/454, June 2023.

Yet, Program 23 makes no mention of assisting unhoused individuals through permanent housing. Housing options should be community-based, allow for freedom to come and go, and not have onerous rules. The current Revised Element’s focus on the creation of shelter beds or board and cares does not satisfy the City’s duty to AFFH: a bed is not a home. We urge the City to refer to Attachment A, and meaningfully explain what programs will be put in place to address the housing needs of the 5,000 and counting unhoused people living in Stockton.

B. The City’s Revised Housing Element has Zero Programs to Prevent Displacement of Stockton’s Tenants Who Comprise Half of All Households in Stockton—Approximately 150,000 Households.
3 As discussed in DRC’s previous letter (Attachment A), displacement can create unique harms to people with disabilities, who may have developed formal and informal systems of care, developed accessible transportation routes, and/or modified their homes to accommodate their needs. Displacement can disrupt these systems in a way that is devastating to a person’s health.

1.Tenant Protection Policies
2 U.S. Department of Justice, Civil Rights Division, Letter to Alameda County Board of Supervisors, County Sheriff/Coroner, and Alameda Health System: Notice Regarding Investigation of Alameda County, John George Psychiatric Hospital, and Santa Rita Jail, April 22, 2021. 3 U.S. Census Bureau, Quick Facts, Stockton [C]ity, California: Owner-occupied housing unit rate, 2017- 2021: 51.2%, accessed August 17, 2023.

Exhibit 1- 2023-2031 Housing Element 1493
6 We advocated for neighborhood stabilization and tenant protection policies which have the most direct and immediate effect on mitigating displacement– this includes a strong local Rent Stabilization Program, including for mobile home parks. The City replied that interviews with the development community have indicated that the housing market (rental/sales) in Stockton do not have the capacity to absorb significant fee increases or significant losses in revenue that would impact net operating income. However, this does not absolve the City of responsibility to create meaningful programs to AFFH under AB 686.

While we are heartened to see that the draft Housing Element now includes a specific action under Program 28 (Practices to Affirmatively Further Fair Housing) to “explore best practices for Rent Stabilization and Just Cause Evictions,” and references the 2019 Tenant Protection Act (Civ. Code § 1946.2), the City must commit to doing more than merely “explore best practices” given the urgent needs of City residents.

We urge the City to implement tenant protections which include a Right to Counsel Program, a Tenant Bill of Rights, a Housing Trust Fund, Land banking, and Rent Stabilization, as discussed in more detail in Attachment A. Notably, half of all households in the City of Stockton are renters. This is for a City of approximately 300,000 households, meaning over 150,000 households rent in the City. A significant number of these 150,000 households are on the brink of homelessness for reasons discussed in Attachment A. Stronger tenant protections are needed to meaningfully AFFH for over half of Stockton’s population under AB 686.

Regarding code enforcement, we recommended that the program include tenant protections to prevent displacement (see displacement discussion above). This could include creating a Rent Escrow Account Program as well as engaging in proactive inspection. DRC can provide sample programs if needed.

In addition, concerningly, Policy 4.4, which cross-references Program 21, states that the City will continue to implement a Crime Free Multi-Family Housing Program. However, the California Department of Housing and Community Development’s AB 686 Guidance explicitly recognizes such programs as barriers to AFFH. The City replied, the City will coordinate with the state to Exhibit 1- 2023-2031 Housing Element 1494
7 assess if the program is a barrier under current housing law. However, this is not a meaningful response to DRC’s comment. See Attachment A. Moreover, the state Attorney General has released guidance to all cities and counties, including Stockton, stating that such policies are discriminatory.4 Nonetheless, enforcement of Stockton’s ordinance remains in the Housing Element, violating the duty to AFFH.5 Not only should the City remove this from the Housing Element, but instead it should commit to removing the Ordinance in order to comply with fair housing law.

2. Housing Preservation and Affordable Housing Development Program Preventing displacement includes preserving existing affordable housing.

Program 19 (Preserve At-Risk Units) does not outline specific actions that would, in fact, preserve at-risk affordable units from conversion to market-rate.

The City only commits to monitor the status of at-risk units and “Should the property owner(s) indicate a desire to convert properties, consider providing technical and financial assistance, when possible, to incentivize long-term affordability.” See City of Stockton, Revised Draft Housing Element, pg. 429/454, June 2023. This puts the onus on the property owner to contact the City, and even then, the City only commits to considering to help, and states it will work to help residents get Housing Choice Vouchers instead. While the Revised Draft Housing Element now states that the City will “provide information on at-risk housing as well as other housing options and programs for residents and housing advocates on the City’s website,” this does not preserve at-risk units. The City must do better. At minimum, it should proactively facilitate preservation purchases by local nonprofit developers, community land trusts, and/or tenant organizations.

3. The City’s Value Capture Programs are Inadequate or Unlawful Further, the City’s Program 7 suggests that it will develop a density bonus for 100% market rate units: “Density increases allowances for infill projects to 4 State of California Office of the Attorney General, Rob Bonta, E-mail to All Cities and Counties in California regarding “Crime-Free Housing Policies,” April 21, 2023. 5 See also 2 CCR § 12162: (a) Practices requiring persons to take actions against individuals based upon broad definitions of nuisance activities (such as considering a phone call to, or receipt of a visit or service by, law enforcement or emergency services as a nuisance), or based upon broad definitions of unlawful conduct or criminal activity. For purposes of this section, practices requiring persons to take actions against individuals include mandating initiation of eviction procedures against tenants or occupants, prohibiting renewal of an existing tenancy, or requiring the initiation of adverse actions against one or more tenants, occupants or guests.

Exhibit 1- 2023-2031 Housing Element 1495
8 exceed the maximum density requirement through an existing 100-percent Density Bonus or through a new process for market rate housing.” While we support local density bonus ordinances that provide for greater affordability, ordinances that do not require such affordability are impermissible under Government Code § 65917, which states:

In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments.

In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter.

As explained by a court determining that a city that did grant such a density bonus violated that law, a “City’s approval of a density bonus for a residential project that would not qualify for a bonus under the [Density Bonus Law], and is not ‘proportionately lower’ than what is required by the DBL, conflicts with the language and intent of the statute.” See Attachment B, Page 11 (the court’s tentative ruling, which was adopted by the court in Kennedy Commission et al. v. Costa Mesa et al. Case No. 30-2016-00832585, Los Angeles Superior Court (2016)). This means that if a local density bonus ordinance requires less affordability than the DBL, then it can only allow increased density that is lower than what is provided for in the state law – the DBL sets the floor of affordability.

So, the City should clarify that any updated local Density Bonus Ordinance will increase affordability.

The City Notes in Policy HE-1.11 Transit Oriented Development that it “shall encourage higher-density residential uses and mixed-use development to locate near main transportation routes to offer an alternative means of transportation to employment centers, schools, shopping, and recreational facilities and to promote walking and biking. Consistent with the General Plan policies, the City will establish Transit Oriented Development overlays as part of the Development Code Update. (Programs 2, 5 and 7).” Nothing in the implementing programs suggests that such overlays will include any affordability requirements. Given that the City is creating Neighborhood Action Plans for neighborhoods at high risk of gentrification and displacement (e.g. Little Manila and Cabral Station), it is critical to include some level of affordability (e.g. 15%) in new transit oriented construction.

Exhibit 1- 2023-2031 Housing Element 1496
9 C. The City’s Current Housing Element Does not Plan for Supportive, Accessible, Safe, Non-segregated Housing for Stocktonians with Disabilities.

Government Code Section 65583(a)(4) requires: “an analysis of potential and actual government constraints upon the maintenance, improvement or development of housing… for persons with disabilities as identified in the analysis pursuant to paragraph (4) of subdivision (a), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting … the need for housing for persons with disabilities (see Screen 7).”
Further, Government Code Section 65583(c)(3) requires the housing element provide a program to “address and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing for persons with disabilities. The program shall remove constraints to and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.”
In addition to the Housing Element Law, the City must abide by its obligations under federal and state fair housing laws as well as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. For example, Olmstead v. L.C. et al, 527 US 581 (1999) is the landmark Supreme Court case which establishes an Integration Mandate under the Americans with Disabilities Act (ADA) finding that the ADA ensures the right of people with disabilities to live and receive services in the most integrated setting appropriate, including to live in their homes and communities instead of in institutions, and to have greater independence, autonomy, and opportunities to participate fully in civic life.

However, the City’s needs analysis is incomplete – it only includes some disabilities. The requirement to analyze the needs of people with disabilities includes all disabilities, not just certain subsets. And, here, the programs and quantified objectives articulated for each program do not match the actual needs according to the City’s own analysis and data. The City does not provide or identify the current total, or a goal regarding the potential number of supportive, accessible, safe, inclusive homes to be built for people with disabilities. The City thus fails to adequately quantify and analyze the housing needs of people with disabilities as required under Gov. Code § 65583(a)(7).

Exhibit 1- 2023-2031 Housing Element 1497
10 We urge the City to implement these objectives in its Housing Element Programs for people with disabilities.

1. Blind/Low-Vision and Deaf/Hard of Hearing Stocktonians First, there is no discussion of the unique needs of Blind residents, nor those of Deaf residents. The City says it welcomes the chance to speak with DRC about how it can provide more services to different population groups. DRC is happy to collaborate, but the City must do more under the Housing Element Law. A common issue for people with sensory disabilities is the lack of accessible housing. In January 2012, DRC represented three nonprofit disability and fair housing advocacy groups, filing a lawsuit in federal court against the City of Los Angeles and the Los Angeles Redevelopment agency, alleging that the City’s housing programs were inaccessible to people with mobility and sensory (vision and hearing) disabilities. See Independent Living Center of Southern California et al. v. the City of Los Angeles, et al., Central District of California, Case No. 2:12-cv-000551-FMO-PJW (“ILCSC”).6In 2016, the case settled against the City, with a separate settlement against the Redevelopment Agency. It is one of the largest affordable housing accessibility victories, if not the largest, in the country. The agreement, among other things, requires the City to ensure that at least 4,000 of its affordable housing units meet the highly accessible standards required by federal law and to enforce policies that those units are rented to people who need those specific accessibility features. In August 2019, HUD entered into a Voluntary Compliance Agreement with Los Angeles based on similar allegations, with additional obligations, resulting in additional accessible units and policies.

From that evidence and data, as well as our statewide advocacy, we know the following are widespread barriers to access to housing for people with sensory disabilities:
• A large need for affordable, accessible housing;
• Lack of affordable accessible units and units with accessible features;
• Lack of funding for accessibility features and accommodations/ modifications;
• Little to no oversight, reporting, and enforcement regarding accessibility and fair housing compliance;
6 Disability Rights California, Independent Living Center of Southern California et al. v. the City of Los Angeles, et al., (August 2016).

Exhibit 1- 2023-2031 Housing Element 1498
11 • A lack of familiarity with legal obligations, resulting in widespread noncompliance;
• Failure to rent the few accessible units that do exist to people with disabilities who need the features; and,
• The Coordinated Entry System’s failure to address physical accessibility.

Extensive research explains the need for increased accessibility. California’s Final 2020 Analysis of Impediments to Fair Housing Choice lists lack of accessible housing stock as the tenth major impediment to fair housing in the state.7It explained, for example, that 62% of respondents could not find accessible units with accessibility features regardless of price.8 We also know that most subsidized housing built prior to the last few years does not include the required accessible units. Key takeaways in the Analysis of Impediments included:
“California has over 4 million Californians with disabilities, many of whom face extreme challenges finding housing that is affordable, accessible, and located near transit and supportive services.

Nearly 75 percent of the state’s housing stock was built prior to 1990 and the enactment of the Americans with Disabilities Act (ADA), the earliest federal mandate on accessible development. This means that the majority of California’s housing stock is inaccessible for people with disabilities.

Lower-income households are more likely to include members with disabilities than higher-income households. Extremely low-income households are more than twice as likely to include an individual with a disability than households earning above moderate-income.” 9 [emphasis
added].

The City should assess its own needs for housing accessible to people with sensory disabilities, create a program for the same, and ensure that it includes 7 See California Department of Housing and Community Development, Analysis of Impediments to Fair Housing Choice at pg. 433: Impediment #10 Insufficient Accessible Housing Stock, 2020. 8 Id. at 40 (62% of respondents could not find an accessible units with accessibility/handicapped features regardless of price). Id. at 54 (23% of persons 65 and older have an ambulatory disability). Id. at 57 (12.8 percent of income eligible households include someone with a hearing or visual disability, 17.9 percent of income eligible households includes someone with an ambulatory disability). Id. at 381 (noncompliance with FEHO physical accessibility requirements frequently found in FEHO reviews of 19 California jurisdictions). 9 Id. at 18.

Exhibit 1- 2023-2031 Housing Element 1499
12 quantifiable objectives for Stocktonians with vision and hearing disabilities. We also again urge the City to make the funding discussed in Program 24 available to multifamily buildings of more than 4 units.

2. Stocktonians with Intellectual and/or Developmental Disabilities (I/DD) In California, less than 16% of adults with developmental disabilities own or rent their own homes; the overwhelming majority live with an aging caregiver – usually a parent or guardian.10 Few have options or plans in place for when those parents or guardians die. In regard to DRC’s previous comment, the City wrote, “this information has been used to update the section on those with Developmental Disabilities in the Existing Needs Assessment Section.” See City of Stockton, Revised Draft Housing Element, pg. 382/454, June 2023. However, the City should more clearly articulate a program to address those needs.

Regarding housing for people with I/DD, programs and quantifiable objectives were not added per DRC’s recommendations in its first letter. (See Attachment A). The only plans for people with I/DD appear to be institutions: “…These residential homes are for adults with intellectual and developmental disabilities who also have medical, behavioral, or age related support needs…” The City says is will continue to work with the Valley Mountain Regional Center to implement an outreach program that informs families in the city about housing and services available for persons with developmental disabilities. However, what those are is left unknown.

The lack of affordable, accessible, inclusive housing results in prolonged institutional stays and escalated crises and traumas. And because California serves people with I/DD regionally, individuals might not be referred to units outside that region, raising fair housing concerns. Additionally, many individuals with I/DD highly value routine and familiarity. These values mean that remaining in one's own home is preferable for some than to moving into new, projectbased units. While usually cost-effective, few opportunities to support someone through rental assistance exist; and, this can cause turmoil when an aging caregiver dies. We had one situation where a sibling-caregiver passed away, leaving two siblings, both with disabilities, but only one eligible for I/DD services, in the unit. Finding a way for both to remain housed required enormous advocacy and creativity that most people do not have access to.

DRC recommends the City work with Valley Mountain Regional Center and other organizations to assess the number of unhoused Stocktonians with I/DD. 10 The Kelsey, Cal. State Council on Dev’al. Disabilities, and the Lanterman Housing Alliance, A Crisis within a Crisis: Housing for Californians with Developmental Disabilities, Fact Sheet, (Nov. 2019).

Exhibit 1- 2023-2031 Housing Element 1500
13 We also urge the City to explicitly identify some of the following issues in the Housing Element for the topics below, and collaborate with the regional center on:
• (1) committing to obtaining resources for rent-subsidized affordable housing (with services if necessary) for people with I/DD, • (2) creating and preserving accessible housing; and,
• (3) ensuring rental-based tenant assistance meets the unique needs of people with I/DD and includes housing navigation supports for this subpopulation of people with disabilities.

Few regional centers contract with housing navigators – but people with specialized training to help place individuals in housing can be critical. Also, only relying on institutions is a potential violation of the ADA and Olmstead, as people with disabilities have the right to live independently in their communities.

Additionally, the City should work with the County to assess whether the Public Housing Authority of the County of San Joaquin is complying with the obligation to exclude In-home Supportive Services Income of family members serving as caregivers when it calculates household income. See Reilly v. Marin Housing Authority,10 Cal. 5th 583 (2020). In addition, the U.S. Department of Housing and Urban Development has updated its regulations to reflect the holding from Reilly, such that, effective January 1, 2024, IHSS income will be specifically excluded by regulation. See 24 CFR 5.609 (b)(19).

If the housing authority is not complying, that should be identified as a governmental constraint on the maintenance of housing for people with disabilities. Overall, individuals with I/DD should have the choice to live in the most integrated, non-segregated settings possible.

3. Stocktonians with Mental Health Disabilities
As recommended in our first letter, the City should separately analyze the housing needs of people with mental health disabilities and create programs to specifically address those needs. Though the City is open to exploring various types of subgroups beyond what is required by state law and the census, it has not done so in this Housing Element. See City of Stockton, Revised Draft Housing Element, pg. 376/454, June 2023. By not assessing the needs of people with mental health disabilities, the City has failed to adequately assess the needs of people with disabilities.

Exhibit 1- 2023-2031 Housing Element 1501
14 Individuals with mental health or substance use disabilities experience numerous challenges in securing affordable housing. These include denials of reasonable accommodations, crime-free policies (such as Stockton’s), criminal records screening policies, credit screening policies, problems with CES programs, and requiring treatment for substance use disorder before entering housing.

As noted above, crime-free ordinances are discriminatory. But they have a uniquely negative impact on people with mental health disabilities. Individuals with disabilities, including mental health and substance use disabilities, often require emergency services to get assistance with medical issues that result from their disability.11 And such policies disproportionately impact Black and Latinx renters12 and people with disabilities, including mental health disabilities.13 “[Chronic nuisance ordinances] thus force people with physical or mental disabilities to make an impossible choice between calling 911 and risking eviction or foregoing medical assistance in a crisis.” So, again, the City should commit to removing its crime-free multihousing program.

DRC investigations have found that people with mental health disabilities, particularly those with serious mental illness and/or co-occurring Substance Use Disorder, are at serious risk of institutionalization and/or being unable to transition out of institutions due to the lack of affordable, accessible housing with appropriate voluntary supports. Instead of providing such housing, local authorities rely on involuntary commitment and misdemeanor criminal laws to move individuals off the street and into psychiatric institutions, emergency departments, or jails and juvenile detention facilities.14 This often leaves people with mental health disabilities and/or SUD either institutionalized and/or houseless.
11 Alisha Jarwala et al., When Disability Is a “Nuisance”: How Chronic Nuisance Ordinances Push Residents with Disabilities Out of Their Homes, 54 Harv. C.R.-C.L. L. Rev. 875 (2019). 12 Liam Dillon, Ben Poston & Julia Barajas, Black and Latino renters face eviction, exclusion amid police crackdowns in California, Los Angeles Times (Nov. 19, 2020); Deborah N. Archer, Racial Exclusion Through Crime-Free Housing Ordinances, Am. Const. Soc’y (Nov. 2019); State of California Department of Justice, California Task Force to Study and Develop Reparation Proposals for African Americans, (June 2023). 13 Alisha Jarwala et al., When Disability Is a “Nuisance,” 54 Harv. C.R.-C.L. L. Rev. 875 (2019). 14 Disability Rights California Lawsuit against Alameda County, Disability Rights California (Sep. 9, 2021).

Exhibit 1- 2023-2031 Housing Element 1502
15 This cycling of individuals between houselessness and institutionalization also has a disparate impact based on race. In Disability Rights California v. County of Alameda, DRC challenged the unnecessary segregation of people with mental health disabilities in psychiatric institutions and the failure to ensure people with disabilities are provided the housing and services they need. DRC found that the County institutionalized people at a rate more than three-and-ahalf times California’s statewide average. DRC also found significant racial disparities in the behavioral health and housing systems. For example, even though Black residents make up 11% of Alameda County’s population, DRC found that half of the homeless and jail populations are Black, and more than half of the people psychiatrically institutionalized ten or more times over a two-year period were Black. Thus, unnecessary institutionalization resulted in greater segregation of Black disabled individuals. As discussed above with regard to houselessness, this means that the City must identify its own ordinances that contribute to this cycle of criminalization and identify programs to increase the production of permanent supported housing – not the institutional, segregating settings currently described in the Housing Element.

4. Stocktonians with Environmental Sensitivity Disabilities Disability Rights California participated in a site tour of roughly 25 sites in South Stockton on April 12, 2023. Consistent across all 25 sites were the proximity to industrial businesses, lack of transportation, lack of grocery stores, closeness to the I5, 99, and 4 freeways i.e. concerns for pollution, and in some areas, lack of sidewalks and proper lighting. Disability Rights California has talked to community members with disabilities and learned how the lack of sidewalks and proper lighting can prevent neighborhood access and access to opportunity, especially when an extremely limited access to food, goods, and services in the area already exists. This is particularly true for people with environmental sensitivity disabilities, which limit a person's ability to enter environments where there are certain factors including scents, pollutants, or chemicals, which make a person unable to control their allergic reactions. The scope can be mild to severe – from skin allergies to anaphylactic shock. The City must plan for housing for Stocktonians with environmental sensitivity disabilities.

5. Stocktonians with Physical Disabilities
As discussed above, with regard to people with vision and/or hearing disabilities, lack of affordable, accessible housing for people with physical disabilities is a massive problem, and identified by California as a major impediment to fair housing. DRC supports the City’s Program 25, but notes that Exhibit 1- 2023-2031 Housing Element 1503
16 while universal housing design is important, the Housing Element should be clear that universal design is not synonymous with full accessibility: the needs, goals, and programs should clarify that the City will encourage both. We again urge the City to inventory the amount of its housing stock that is accessible and affordable to people with vision and/or mobility impairments. If the City cannot track these, it should include a program to monitor and track such units, make such information available to the public, and enforce existing accessibility requirements. The City should also make its list of accessible, affordable units available to the public in a variety of formats.

The City states City staff are working on conducting a housing condition survey and monitoring housing capacity sites, but is not sure how a list like this would be implemented as there are a variety of factors that go into a residential unit being deemed ADA accessible in general, and that feedback from groups like DRC is needed for future discussion. See City of Stockton, Revised Draft Housing Element, pg. 381/454, June 2023. DRC is happy to connect on those issues, and urges the City to explicitly include the monitoring, tracking, and enforcement of ADA accessibility into its Housing Element.

We also reiterate our comment that Program 24 should be available for multifamily housing of more than 4 units. This would be an invaluable resource for disabled Stocktonians. The City should also commit to work with the regional Continuum of Care to ensure that the Coordinated Entry System 1) identifies accessibility needs of individuals in their system; 2) identifies accessible units in housing; 3) pays attention to the needs for accessibility when implementing their acuity index (assessment of needs) system; and, 4) matches un-housed people who need accessible features with units with such features.

D. Transportation for people with Disabilities is an AFFH issue We appreciate the City has committed in Program 29 to working with its regional transit authority to address the multifaceted transit needs of people with disabilities. That said, many people with mobility disabilities have a difficult time accessing public transit, and paratransit is scarce and unreliable. These individuals often rely on adaptive vehicles.

We appreciate that the City has amended the Housing Element on page BR195 to say that "Despite parking reductions on many projects, parking spaces for those with disabilities continue to be provided. No projects have requested to waive inclusion of parking spaces for those with disabilities." We recommend that the sentence after that be amended to state: "The City will continue to Exhibit 1- 2023-2031 Housing Element 1504
17 explore best practices for parking standards and provide additional incentives to reduce costs and align standards with current housing market demands, including the needs and demands of residents with disabilities." As explained previously, we further recommend that the City amend Program 27, Addressing the Needs of Those with Disabilities, to ensure that disabled parking spots are available even where parking minimums have been waived entirely. Accessible, available, and affordable travel options make it possible for diverse groups of people to stay active and engaged in their communities, and this is not achieved by the draft Housing Element. We also note that as the state phases out new gas vehicles in coming years, accessible electric vehicle (EV) charging stations/parking spaces should be required. Without accessible transportation, people with disabilities are left isolated and segregated.

E. The City’s Current Draft Sites Inventory Will Not Satisfy HCD Requirements for AFFH Because Plans for Low Income Housing and Extremely Low Income Housing Only in South Stockton, Not Only Fails to Address the History of Racial Segregation in Stockton, it also Fails to Meet Requirements for the Environmental Element.

As discussed in DRC’s first letter, the City has not shown Low Income and Extremely Low Income housing are planned anywhere in North or Central Stockton where there is less pollution. While the City certainly needs affordable housing in South Stockton, it must also identify sites in communities with lower pollution burden and greater access to resources and open space. The City’s reply that, “[t]he Housing Elements Regional Housing Needs Allocation (RHNA) housing capacity sites include approved housing projects in North Stockton that account for over ten thousand units,” does not address DRC’s concern articulated in our first comment letter regarding the majority of low income and extremely low income sites being implemented in South Stockton where there is pollution actually known to cause greater instances of disability, as is reflected in Stockton’s census data. See Attachment A. Indeed, the City notes that it has zero currently entitled lower income units, as opposed to 11,620 abovemoderate sites. The City must identify affordable RHNA sites in the high opportunity areas of Stockton.

The City’s current Housing Element violates California’s Fair Employment and Housing Act Regulations in this regard. According to specific practices related to land use, it is illegal discrimination to make housing opportunities unavailable where others are able to access those same housing opportunities, due to a protected class, of which there are: race, color, religion, sex, gender, gender Exhibit 1- 2023-2031 Housing Element 1505
18 identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income, veteran or military status, or ancestry. See Cal. Gov't Code § 12955(l); CA Code of Regs. tit. 2, § 12162; Admin. Code tit. 2, § 12162, 2 CA ADC § 12162. Law; Cal. Gov't Code § 65000.

Discrimination under this subdivision specifically includes, at 2 CCR § 12161(b)(10), a policy or practice that “[r]esults in the location of toxic, polluting, and/or hazardous land uses in a manner that denies, restricts, conditions, adversely impacts, or renders infeasible the enjoyment of residence, land ownership, tenancy, or any other land use benefit related to residential use, or in connection with housing opportunities or existing or proposed dwellings.” Lastly, in regards to intersecting environmental and housing elements, the City mentions but does not include the 2008 Memorandum of Agreement between the City of Stockon, the CA Office of the Attorney General, and The Sierra Club.

A copy of this document is included as Attachment C. DRC recommends it accompany all future versions of the Housing Element; and, that the City put it back on its Government website.

F. Conclusion
Please reach out to DRC at (619)814-8501 or e-mail to
[email protected] if we can be of any assistance as the Planning Department and HCD consider these recommendations and comments. DRC is happy to continue to meet with the Planning Department and other departments of the City of Stockton to assist the City in creating its Sixth Cycle Housing Element.

Exhibit 1- 2023-2031 Housing Element 1506

LEGAL ADVOCACY UNIT
1831 K Street
Sacramento, CA 95811-4114
Tel: (916) 504-5810
Fax: (916) 504-5811
[email protected]
www.disabilityrightsca.org

May 15, 2023
Sent via e-mail
To: Stephanie Ocasio, Director of Community Development[email protected]

Matt Diaz, Advanced Planning Manager- [email protected] Tristan Osborn, Senior Planner, Advanced Planning[email protected] Placeworks- [email protected]
Mayor Kevin Lincoln- [email protected]
Vice Mayor Kimberly Warmsley- [email protected] Councilmember Michelle Padilla- [email protected] Councilmember Dan Wright- [email protected]
Councilmember Michael Blower- [email protected] Councilmember Susan Lenz- [email protected]
Councilmember Brando Villapudua- [email protected] Cc: David Zisser, Assistant Deputy Director, HCD- [email protected] Melinda Coy, Land Use and Planning Manager, HCD[email protected] Jose Ayala, Housing Policy Specialist- [email protected] RE: Disability Rights California’s Comments on the City of Stockton’s April 2023 Housing Element Public Draft
Dear Planning Department Staff, Consultants, Mayor Lincoln, and City Councilmembers:

Exhibit 1- 2023-2031 Housing Element 1507
Disability Rights California submits these initial comments on the 2023- 2031 City of Stockton Housing Element April 2023 Public Review Draft (“Draft”).

While the federal duty to AFFH has existed for over 50 years, AB 686 creates new requirements for housing elements for: (1) Outreach, (2) Assessment of Fair Housing, (3) Site Inventory, (4) Identification and Prioritization of Contributing Factors, and (5) Goals and Action. The California Department of Housing and Community Development’s publication: Implementing AB686: Duty to Affirmatively Further Fair Housing Guidance for Housing Elements states that common mistakes and pitfalls include:
• A high-quality Assessment of Fair Housing, but status-quo actions/programs;
Exhibit 1- 2023-2031 Housing Element 1508
• A local jurisdiction refers to a county-level Analysis of Impediments to Fair Housing previously completed;
• Does not include regional comparison in analyses;
• Only analyzes patterns of low-income sites, not all sites; • Does not ask the public to provide input on AFFH;
• Doesn’t prioritize 4-5 contributing factors & connect to programs; • High resource areas can’t rely on ADUs alone; and,
• No data dumping! Tell the story.

The City’s Draft contains some of these common mistakes. We offer the following comments to help avoid some of these pitfalls.

1. Outreach
The City must reach all economic segments of the population; describe meaningful, frequent, and ongoing community participation, consultation, and coordination that is integrated with the broader stakeholder outreach and community participation process for the overall housing element.1 Gov. Code, § 8899.50 subd. (a)(2) further requires a summary of fair housing outreach and capacity, and the City must “receive public input and local knowledge on the Assessment of Fair Housing.”
The Planning Department hosted several meetings , but did not reach renters and people at risk for or who are unhoused. The City primarily communicated with the public by online notices on its web site; however, most working people in the City do not visit the City’s website. The Draft also does not incorporate local knowledge other than input from service providers.

While we appreciate the outreach to organizations serving low-income and other special needs populations, including our own, representatives who serve members of the community are not the same as community members themselves. Noticing property owners but not those who rent and those who are unhoused ignores extensive economic segments of the community. Moreover, there are no examples of the City reaching out to the Spanish-speaking community in a way that is meaningful. Additionally, people with disabilities and older adults are often unable to participate in community meetings due to communication barriers, segregation, and lack of transportation access. Thus, 1 The CA Dept. of Housing and Community Development,
Implementing AB686: Duty to Affirmatively Further Fair Housing Guidance for Housing Elements, https://www.hcd.ca.gov/community-development/affh/docs/affh_webinar_slides.pdf Exhibit 1- 2023-2031 Housing Element 1509
they are often not considered in the planning processes that directly and disproportionately impact them, and are undercounted in data collection. Hearing directly from people with disabilities is critical to figuring out what housing issues they face and what types of housing works for them. Having a robust community outreach and engagement plan that ensures access to meetings and planning processes will allow program participants to gather invaluable data and information from people with disabilities and bridge the equity gap.

Under AB686, it is mandated.

2. Assessment of Fair Housing

Among the Assessment of Fair Housing’s Requirements, we primarily address disparities in access to opportunity, displacement risk, ongoing segregation, and sites selection in this comment letter.

A. Disparities in Access to Opportunity
a. Environmental Justice

A major fair housing concern in Stockton is environmental injustice.

Importantly, “[p]eople with disabilities are specifically exposed to and vulnerable to environmental injustice” as a result of decades of ableist and racially exclusionary policies and land use decisions. And, some are also more vulnerable 2 Rich Ibarra, Stockton Named the Most Racially Diverse City in America, Capradio, (Jan. 2020) 3 City of Stockton: A Look into Stockton’s Past
Exhibit 1- 2023-2031 Housing Element 1510
to environmental injustice because of the nature of their disability.4 These communities are the most impacted by pollution and other poor environmental conditions because of historic land-use decisions. For example, the percentage of people with disabilities living in areas with greater exposure to PM2.5 pollution is significantly higher than in areas with less exposure, even when controlling for other variables; this is especially true for individuals with cognitive and independent living difficulties.5 As a result, explicitly requiring consideration of such issues when furthering fair housing is critical.

CalEnviroScreen 4.0 is a screening methodology that can be used to help identify California communities that are disproportionately burdened by multiple sources of pollution. Much of Stockton falls above the 90th percentile for pollution burden in the state. In the map below, Rred indicates communities with the highest pollution burdens: most of Stockton’s RHNA sites are within those red zones. As shown in Figure 1 below6
, limited RHNA sites are located in the green
CALENVIROSCREEN and deeper blue, high and highest resources areas, as the majority of sites are in South Stockton. However, as the table below shows, South Stockton are the lower opportunity areas, and are also the areas hit by some of the worst pollution in the entire state. This will not AFFH.

Exhibit 1- 2023-2031 Housing Element 1511
b. Transportation
Transportation access is a critical piece of fair housing. However, jurisdictions often focus narrowly on the Americans with Disabilities Act’s technical requirements for fixed route and paratransit, but overlook its broader mandate for equal access to the transportation system as a whole. The type of transportation necessary varies by disability and need, and it should be clear that jurisdictions should consider not only fixed-route public transportation, but also specialized services such as paratransit, dial-a-ride, reduced-fare taxis, or volunteer driver programs. Stockton should also consider availability of parking, drop off locations, bus stops, and shelters. A stronger transportation system would expand and improve affordable mobility options including: paratransit, door-to-door services; wheelchair accessible transportation network companies, and demand response real time ride systems; volunteer driver program expansions; nonprofit service provider systems; stipends/free rides for caregivers; gas subsidies, and more.

Stockton, California Municipal Code, Charter, and Civil Service Rules, Title 8 Health and Safety, Chapter 8.100 Protection of Critical Infrastructure and Wildlife Exhibit 1- 2023-2031 Housing Element 1512
Risk Areas.7 Further, while the Ordinance was specifically created to address symptoms of homelessness8
, it does not include a requirement that people have
true access to services or housing before being removed or having their property taken. This must be assessed as a barrier.

Exhibit 1- 2023-2031 Housing Element 1513
disabilities. Therefore, we also believe it is important to include programs that have the most immediate impact on preventing displacement. “[N]eighborhood stabilization and tenant protection policies have the most direct and immediate effect on mitigating displacement”11 – this includes a strong local rent stabilization program, including for mobilehome parks. Therefore, as explained below, we urge the City to include such a program in its anti-displacement programs. Given the City’s indication that it will create neighborhood action plans in neighborhoods that are susceptible to gentrification, like Little Manila, this is a critical AFFH issue.

The zones were categorized by a color scale, and Green indicated the most affluent and white neighborhoods. While Red, represented the non-white areas.

Comparing the 1930s Home Owner's Loan Corporation redlining map to today's demographic makeup proves this segregation persists in modern-day Stockton.

The map on the right displays the original Redlining zones within modern-day Stockton boundaries.

Figure 212
11 Id. 12 Stockton 6th Cycle Housing Element, UC Berkeley, prepared by Bailey Schweitzer, Weiyang Tang, Joann Martinez (Dec. 2022).

Exhibit 1- 2023-2031 Housing Element 1514
According to AFFH mapping tools by HUD and HCD we see that segregation still exists and has affected housing policies. (See Figure 3).

Exhibit 1- 2023-2031 Housing Element 1515
that deed-restricted affordable housing will be prioritized in RE/CAPs that are sensitive to displacement risk. The sites inventory does not currently reflect that.

The Housing Needs Analysis demonstrates that existing low-income renters are living in rent-burdened, overcrowded, and substandard conditions.

3. Site Inventory
AB 686 modified Housing Element Law such that a jurisdiction’s Assessment of Fair Housing (e.g. segregation & integration, R/ECAP, etc.) should inform the identification of sites in a manner that AFFH. The site identification requirement must assess whether the identified sites serve the purpose of replacing segregated living patterns with truly integrated and balanced living patterns. Do they transform racially and ethnically concentrated areas of poverty into areas of opportunity?
Stockton’s sites inventory is predominantly located in South Stockton. Per SB6 and AB2011, Stockton should consider doing a more in depth review of failing commercial corridors in high resource areas, rather than in places like South Stockton. Comparing the sites inventory to CalEnviroScreen 4.0 indicates Exhibit 1- 2023-2031 Housing Element 1516
that most of the selected sites are located in the heavily polluted downtown and south of downtown. (See Figure 4).

However, the aforementioned parcels are not one such site.

Otherwise, the city should exclude these sites from their inventory.

The above 40-acre site also contends with significant air pollutants as it is surrounded by multiple highways, a highway interchange, and abuts a rail line.

Exhibit 1- 2023-2031 Housing Element 1518
The City did not complete this portion of the required AFFH analysis. Fair housing contributing factors have been identified by community members. For example, at the May 3, 2020, Stockton Housing Justice Coalition meeting, Stockton residents cited the following: lack of affordable housing for low income residents, low-income people of color segregated to polluted, undesirable locations; widespread housing discrimination on the basis of disability and source of income; lack of transitional housing or other housing opportunities for formerly incarcerated persons; poor quality of existing housing stock; criminalization of the unhoused; and displacement pressures generally. These are all significant contributing factors to segregation, R/ECAPS, opportunity access, and disproportionate housing needs of communities and individuals because of protected characteristics. The City must complete this analysis and prioritization.

Program 28, “Practices to Affirmatively Further Fair Housing,” at H17-H18 of the Draft states that the City will implement the following strategies to affirmatively further fair housing in coordination with the efforts of this action:
• Strategies to facilitate housing mobility/expand affordable housing in high opportunity areas:
o Programs 6, 10, 12, 13, 15, 24, 25
• Strategies to reduce or prevent displacement/place-based revitalization strategies:
o Programs 4, 7, 9, 14, 16, 19, 20, 21, 22, 29
The Draft further states that the City will continue to support fair housing monitoring and enforcement.

While the Draft includes raw demographic data and points to some of its Housing Element Programs as furthering fair housing, it fails to assess whether individuals have actual housing choice and does not identify how it will measure whether its programs are making a meaningful impact. After completing such an analysis of housing choice, the City can turn to fashioning appropriate goals and programs. We have made comments on those below, including suggested revisions to those in the draft; however, the City should ensure that it explains how the programs it suggests will AFFH will actually do so, and how they are Exhibit 1- 2023-2031 Housing Element 1519
connected to the assessment of fair housing. From there, the City must also that include concrete milestones and metrics to evaluate the progress on the programs and fair housing results – otherwise, how will the City know that its programs are meaningfully affirmatively furthering fair housing? Also, individuals who are chronically homeless, by definition, have a disability; the draft element fails to consider this intersection of needs. Please see below for more comments regarding the City’s Homeless Programs.

The City spends a fair amount of effort discussing people with Intellectual and Developmental Disabilities, which DRC appreciates. The City’s Draft also states that “according to the California Department of Developmental Services, as of April 2022, the Valley Mountain Regional Center served 16,443 residents with developmental disabilities in the region and 5,387 residents in Stockton… A significant number of developmentally disabled Stockton residents receiving services from the Valley Mountain Regional Center lived in group home facilities (10.2 percent of adults). Most developmentally disabled individuals lived “at home” (76.8 percent).”
However, the word “at home” is misleading here as what this truly means is that 76.8% live “at home” with their families. Most of these families include aging Exhibit 1- 2023-2031 Housing Element 1520
parents from the baby boomer generation with children with I/DD, putting those children at risk of homelessness when their family members pass, as their SSI is not sufficient to afford market rate housing. And because they have been living with family, they will not have any other benefits established. Indeed, the City acknowledges in its Draft that “many persons with disabilities rely solely on Social Security Income, which is insufficient for market rate housing.” Draft at BR-32. A significant portion of this 76.8% of those being served by the Regional Center could live independently, but for any affordable, accessible, safe, inclusive and non-segregated housing options.
16 In addition, per the City’s own data, a rather shocking statistic coming out of U.S. Census shows that in Stockton, among school age children, nearly half (48.6 percent) have a “cognitive impairment.” For persons with disabilities ages 18 to 64 years, 27.4 percent have trouble walking, 23.2 percent have cognitive impairments, and 20.8 percent have difficulty with independent living.

Further, there is no discussion of the unique needs of Blind residents, or those of Deaf residents.

The Draft states, “[t]he unhoused are a fair housing concern, and it is often difficult to collect informative data that accurately reflects the magnitude of the 16 Two reports attempt to assess the housing needs of people with intellectual/developmental disabilities, despite a dearth of accurate data: https://scdd.ca.gov/wp-content/uploads/sites/33/2018/12/STATEWIDE-STRATEGICFRAMEWORK-FOR-EXPANDING-HOUSING-OPPORTUNITIES-FOR-PEOPLE-WITH-INTELLECTUAL-ANDDEVELOPMENTAL-DISABILITIES-10.16.pdf and Exhibit 1- 2023-2031 Housing Element 1521
population at risk, resulting in undercounting.” The data source the City uses is a Point-in-Time count led by the San Joaquin County Community Development Department and the Central Valley Low Income Housing Corporation in late January 2022. The City estimates it has “921 persons without nighttime shelter as of the 2022 Point-in-Time (PIT) Count. The size of shelters in Stockton is based on building and fire code allowances and there is no maximum number of beds.” The City’s analysis is as follows:

Exhibit 1- 2023-2031 Housing Element 1522
The City must also make diligent efforts to evaluate the level to which its shelters and transitional housing present barriers for people with disabilities. For instance, many people with disabilities cannot access housing without reasonable accommodations (e.g. emotional support animals or other policy changes to strict rules) or reasonable modifications (e.g. grab bars installed or other physical accessibility changes). In our outreach to unhoused community members, we have encountered many who cannot access congregate settings like shelters or transitional housing in Stockton due to lack of accommodations for their disability, or because a shelter environment just cannot work for them (e.g. people with significant mental health conditions, or people with autoimmune diseases).

A. Program 15. Development Code Revisions
Exhibit 1- 2023-2031 Housing Element 1523
Currently the zoning code defines supportive housing in Municipal Code section 16.240.020 and indicates that it is a permitted use by right in special purposes or commercial zones. The zoning code must be amended to allow supportive housing by right in all zones where multi-family and mixed uses are permitted. Government Code section 65583(c)(3). This is in addition to the requirement that transitional housing and supportive housing shall be considered a residential use subject only to the same restrictions that apply to other residential units of the same type in the same zone. Id.

Concerningly, Policy 4.4, which cross-references Program 21, states that the City will continue to implement a Crime Free Multi-Family Housing Program.

HCD’s AB 686 Guidance explicitly recognizes such programs as barriers to AFFH.

Similarly, given the barriers to reentry faced by people leaving institutions 17 See Liam Dillon, Ben Poston, Julia Barrajas, Black and Latino renters face eviction, exclusion amid police crackdowns in California, Los Angeles Times, November 19, 2020, available at https://www.latimes.com/homeless-housing/story/2020-11-19/california-housing-policies-hurt-black-latinorenters; See also, e.g. Alisha Jarwala & Sejal Singh, When Disability is a “Nuisance”: How Chronic Nuisance Ordinances Push Residents with Disabilities Out of Their Homes, Harvard Civil Rights-Civil Liberties Law Review, Vol. 54, Page 875, available at https://harvardcrcl.org/wp-content/uploads/sites/10/2019/07/54.2-JarwalaSingh.pdf Exhibit 1- 2023-2031 Housing Element 1524
including jail and prison, Code Enforcement should not be housed in the City’s Police Department, so as to ensure that residents can work proactively with Code Enforcement.

C. Program 24. Continue to Assist the Disabled in Community Development Block Grant Project Areas.

a. Intellectual/Developmental Disabilities
Exhibit 1- 2023-2031 Housing Element 1525
The City says is will continue to work with the Valley Mountain Regional Center to implement an outreach program that informs families in the city about housing and services available for persons with developmental disabilities.

People living with a developmental disability can live in various types of housing, and often face a lack of truly integrated, community-based options.

Such options include:
• Rent-subsidized affordable housing, with services if necessary, accessible, close to transit and community18
• Section 8 Apartment/Housing Choice Voucher with housing navigation supports. Few regional centers contract with housing navigators – but people with specialized training to help place individuals in housing can be critical.

Exhibit 1- 2023-2031 Housing Element 1526
• Section 16.214.030 Definitions: “‘Individual with a disability'” means any person who has a medical condition, physical disability, or mental disability that substantially limits one (1) or more of the person’s major life activities, as those terms are defined in the Acts.” The City’s definition here aligns with the federal, but not the state definition of disability. To comply with Government Code § Gov. Code §12926.1(c), the City must strike the word “substantially”. The City should also include complete definition of disability: The Act protects any of the following: an individual with a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having any such impairment; or anyone who has a record of having such an impairment.

Individuals in recovery from drug or alcohol abuse are protected by federal and state fair housing laws. However, individuals currently using illegal substances are not protected under the law, unless they have a separate disability.
• The protections afforded people with disabilities under federal and state fair housing laws extend to those who are associated with them, including providers and developers of housing for people with disabilities. • Section 16.214.060 Application Filing: A provision should be made to ensure confidentiality of the person with a disability’s contact and medical information. Further, this section should make clear that not only may a person with a disability file an application, but also an organization serving people with disabilities (e.g. sober living homes, transitional or supportive housing for people with disabilities, etc.)
• Section 16.214.070 Review and Processing: Reasonable accommodation requests do not require that the City notify neighbors of the request. Such notification will in most circumstances, invade the applicant’s privacy rights, or possibly result in discriminatory or not-in-my-backyard behavior.

This requirement should be removed, both to ensure meaningful access to the City’s land use and zoning programs under the ADA and to affirmatively further fair housing under AB 686 and the Fair Housing Act. • Section 16.214.080 Findings and Decision: We recommend that the City add a clause making clear that if the request is denied because it would impose an undue financial and administrative burden on the County and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the County, the Director or their designee must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit.

Exhibit 1- 2023-2031 Housing Element 1527
• Section 16.214.090 Appeals: We recommend that appeals are directed to the City Manager in consultation with the ADA Coordinator, in order to ensure confidentiality.

G. Additional Program Recommendations
Exhibit 1- 2023-2031 Housing Element 1528
As explained above, the City’s AFFH analysis indicates that programs are needed in the following areas: tenant protections to mitigate displacement, environmental justice, and programs to increase opportunities to preserve affordability via innovating community ownership models.

Exhibit 1- 2023-2031 Housing Element 1529
Increasingly, jurisdictions are creating programs to preserve affordability through community-based models such as promoting community land trusts, developing tenant opportunity to purchase ordinances, and land banking. We urge Stockton to do the same in order to create long-term community-led affordability.

Thanks,
Nichole Mendoza
Senior Attorney
Civil Rights Practice Group
Disability Rights California
Exhibit 1- 2023-2031 Housing Element 1530
Attachment A
Exhibit 1- 2023-2031 Housing Element 1531
Stockton 6th Cycle Housing
Element
Bailey Schweitzer, Weiyang Tang, Joann Martinez
Exhibit 1- 2023-2031 Housing Element 1532
Table of contents

1. Overview of Stockton

2. Stockton’s Housing Element Timeline & RHNA Allocation

3. Alleviating Patterns of Racial and Income Segregation

4. Overlapping RHNA Inventory and Polluted Neighborhoods

5. Commercial Zoning

6. Summary

7. Recommendations
Exhibit 1- 2023-2031 Housing Element 1533
Overview of Stockton, CA
● Medium-sized city of 322,000
● Located in the Central Valley, 80mi
east of Berkeley
● Racially diverse - plurality Latinx
● Median HH income of $58,393
Source: US Census
Exhibit 1- 2023-2031 Housing Element 1534
Housing Market Conditions
● 50% owner-occupied
● 72% single family
● Despite a significantly more
affordable housing market than CA,
it has similar levels of housing
burden
Source: Stockton’s 5th Cycle Housing Element Source: Stockton, CA Facebook page Exhibit 1- 2023-2031 Housing Element 1535
Stockton’s 6th Cycle Housing Element Timeline
● Stockton’s 6th Cycle Housing Element isn’t due to HCD until December 2023 ● As of December 2022, they released a preliminary map of RHNA sites ● Focused on advising the city on how to create a compliant housing element that affirmatively furthers fair housing per AB 686
Exhibit 1- 2023-2031 Housing Element 1536
Draft Housing Element Sites Inventory
Income Group RHNA Entitled
Projects
Sites* Total Capacity Surplus
Lower Income
(<80% AMI)
4,013 0 5,273 5,273 1,260
Moderate Income
(81%-120% of
Median Income)
2,587 2,050 2,193 4,243 1,656
Above Moderate
Income
(>120% of Median
Income)
6,072 11,620 2,177 13,797 7,725
TOTAL 12,672 13,670 9,643 23,313 10,641
*573 acres
Exhibit 1- 2023-2031 Housing Element 1537
Alleviating Patterns of Racial and Income Segregation
Exhibit 1- 2023-2031 Housing Element 1538
Alleviating Patterns of Racial and Income Segregation
Exhibit 1- 2023-2031 Housing Element 1539
Redlining Archives of California's Exclusionary Spaces:

White Pop. and Redlining African American Pop. and Redlining Exhibit 1- 2023-2031 Housing Element 1540
Redlining Archives of California's Exclusionary Spaces:

Latino Pop. and Redlining
Exhibit 1- 2023-2031 Housing Element 1541
Redlining Archives of California's Exclusionary Spaces:

Race Poverty and Redlining
Exhibit 1- 2023-2031 Housing Element 1542
AFFH Data From HUD
Publicly Supported Housing and Race/Ethnicity
Exhibit 1- 2023-2031 Housing Element 1543
AFFH Data From HUD
Location of Affordable Rental Housing (% Rental Units Affordable to 50% AMI) Exhibit 1- 2023-2031 Housing Element 1544
AFFH Data From HUD
Demographics and Environmental Health
Exhibit 1- 2023-2031 Housing Element 1545
RHNA Site Selection and Polluted Neighborhoods
● Most sites are located in
neighborhoods
CalEnviroScreen 4.0
considers heavily polluted
and highly disadvantaged
● Unclear number of units
they expect for selected
sites
Exhibit 1- 2023-2031 Housing Element 1546
Stockton Brownfields
● EPA awarded Stockton a $600,000
Brownfield Assessment Grant
● City appropriated funds through
September 2021
● Conducted an assessment of
redeveloping the industrial
waterfront
● City is actively recruiting developers
○ Local financial assistance is
unclear
Exhibit 1- 2023-2031 Housing Element 1547
Example Site: Overlapping Clean-up and RHNA Inventory Site ● 39.72 acres
● Overlaps clean-up site
● Surrounded on all sides by
highways and rail
● Located adjacent to the I5 and
highway 4 interchange and
abuts rail
● Development unlikely without
local financial assistance
Exhibit 1- 2023-2031 Housing Element 1548
Exhibit 1- 2023-2031 Housing Element 1549
5th Cycle Housing Element Deed
Restricted Affordable Housing
● Constructed and approved deed restricted
affordable housing between January 2014 and
December 2023
● Sites are located across the city in less polluted
areas
● Promising for 6th cycle
Exhibit 1- 2023-2031 Housing Element 1550
Incorporate Commercial Lots into
RHNA Inventory

1. 2.

Case Study Area 1:

Brookside March Lane
Case Study Area 2:

Miracle Mile
Exhibit 1- 2023-2031 Housing Element 1551
CalEnviroScreen 4.0 Stockton RHNA
2022 TCAC/HCD
Opportunity Map
Exhibit 1- 2023-2031 Housing Element 1552
Case Study Area 1:

Brookside March
Lane
3404 Shadowbrook Dr.

APN 11628002
Acres 1.20; Sq. Ft. 52,008.99
Exhibit 1- 2023-2031 Housing Element 1553
A.
1828 Pacific Ave
APN 13702042
Acres 0.69 Sq. Ft. 30,795.91
B.
2402 PACIFIC AV
APN 12506001
Acres 0.13 Sq. Ft. 6,073.93
Case Study Area 2:

Miracle Mile
Exhibit 1- 2023-2031 Housing Element 1554
Summary
● Far too soon to tell what Stockton’s housing element will look like ● Stockton will have met its moderate and high-income RHNA allocation through entitled projects
● Redlining has lasting implications
● Sites concentrated in distressed and high polluted neighborhoods Exhibit 1- 2023-2031 Housing Element 1555
Recommendations
1) Future stages of site selection must seriously consider high opportunity communities
2) The large site located near downtown should receive local financial assistance if the city wants to actually build there
3) Incorporate environmental justice into housing element Exhibit 1- 2023-2031 Housing Element 1556
Recommendations
4) Incorporate unpolluted commercial zones, namely Miracle Mile & Brookside March Lane, into element
5) Government should not just focus on investing on North Stockton. South of the crosstown freeway also need some attention.
6) City should stop subsidizing unprofitable public golf courses in north Stockton and put money toward affordable housing fund.

Exhibit 1- 2023-2031 Housing Element 1557
QUESTIONS?
Exhibit 1- 2023-2031 Housing Element 1558
Exhibit 1- 2023-2031 Housing Element
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Exhibit 1- 2023-2031 Housing Element
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Exhibit 1- 2023-2031 Housing Element
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evidence is required to be taken, and 3) discretion in the determination of facts is vested in the agency.' Thus, ordinary mandate is used to review adjudicatory actions or decisions when the agency was not required to hold an evidentiary hearing." (Bunnett v. Regents of University of California (1995) 35 Cal.App.4th 843, 848.) CCP Section 1094.5
"The grant of a land use permit or variance is an adjudicatory act, subject to review by administrative mandamus." (Wollmer v. City of Berkeley (2009) 179 Cal.App.4th 933, 938.) Under CCP section 1094.5(b), an abuse of discretion is established if the agency has not proceeded in the roanner required by law, the decision . . .. is not supported by the findings, or the findings are not supported by the evidence. (CCP § f094.5(b).) - - ... ········ -
Petitioners do not assert that a fundamental vested right is involved. Therefore, the standard of review of factual determinations is the substantial evidence test. (Patterson Flying Serv. V. Dep't of Pesticide Regulation (2008) 161 Cal.App.4th 411, 419 and fn. 1.) Substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion (California Youth Authority v. State Personnel Board (2002) 104 Cal. App. 4th 575, 584-85), or evidence of ponderable legal significance which is reasonable in nature, credible and of solid value. (Mohilef v.

Janovici (1996) 51 Cal. App. 4th 267, 305 n. 28.)
As to zoning issues, "[a] governing body's conclusion that a particular project is consistent with the relevant general plan carries a strong presumption of regularity that can be overcome only by a showing of abuse of discretion." (Wollmer v. City of Berkeley (2009) 179 Cal.App.4th 933, 940.) "This review is highly deferential to the local agency, recognizing that the body which adopted the general plan policies in its legislative capacity has unique competence to interpret those policies when applying them in its adjudicatory capacity .... A reviewing court's role 'is simply to decide whether the city officials considered the applicable policies and the extent to which the proposed project conforms with those policies."' (Ibid.)
CCP Section 1085
It appears that Petitioners' fourth cause of action for violation of the California Relocation Assistance Act is reviewable under section 1085. Petitioners appear to assert that Respondents owe a clear, present, and ministerial duty to comply with the CRAA. (Pet. 1J1J 80-85.)
There are two essential requirements to the issuance of an ordinary writ of mandate under Code of Civil Procedure section 1085: (1) a clear, present and 4 Exhibit 1- 2023-2031 Housing Element 1562
ministerial duty on the part of the respondent, and (2) a clear, present and beneficial right on the part of the petitioner to the performance of that duty. (California Ass'n for Health Services at Home v. Department of Health Services (2007) 148 Cal.App.4th 696, 704.) "In general, when review is sought by means of ordinary mandate the inquiry is limited to whether the decision was arbitrary, capricious, or entirely lacking in evidentiary support." (Bunnett, supra at 849.)
While not discussed by the parties, the court notes that "adoption of the general plan or any part or element thereof or the adoption of any amendment to such plan or any part or element thereof is a legislative act which shall be reviewable pursuant to Section 1085 of the Code of Civil Procedure." (Gov. Code § 65301.5; Lesher ____ Communications, Inc'. v. City of Walnut C�eek (1990) 52 Cal.3d 531, 535.) However, Petitioners do not appeaito challengelhe ad0pti<51forthe"GenerarPlan a111endmenr------------"-"" under section 65301.5.

Statutory Interpretation
Interpretation of a statute, such as the state Density Bonus Law, presents a question of law that the court reviews de novo. (Woodland Park Management, LLC v.

City of East Palo Alto Rent Stabilization Bd. (2010) 181 Cal.App.4th 915, 919.) "The rules governing statutory construction are well settled. We begin with the fundamental premise that the objective of statutory interpretation is to ascertain and effectuate legislative intent. [Citations.] To determine legislative intent, we turn first to the words of the statute, giving them their usual and ordinary meaning. [Citations.] When the language of a statute is clear, we need go no further. However, when the language is susceptible of more than one reasonable interpretation, we look to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part." (Nolan v. City of Anaheim (2004) 33 Cal.4th 335, 340.)
When interpreting a statute, the court must construe the statute, if possible to achieve harmony among its parts. (People v. Hall (1991) 1 Cal. 4th 266,272; Legacy Group v. City of Wasco (2003) 106 Cal.App. 4
th 1305, 1313). "When the legislature has '
carefully employed a term in one place and has excluded it in another, it should not be implied where excluded." (Wasatch Properly Management v. Degrate (2005) 35 Cal.4th 1111.) "When interpreting statutory language, we may neither insert language which has been omitted nor ignore language which has been inserted." (See People v.

National Auto. and Gas. Ins. Co. (2002) 98 Cal.App.4th 277, 282.) Analysis
5 Exhibit 1- 2023-2031 Housing Element 1563
Exhibit 1- 2023-2031 Housing Element
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ordinances at issue that City was intending to grant a density bonus or other concessions under the DBL.

For similar reasons, Petitioners' argument that the Project violates the DBL's no net loss provision is not directly on point. Because Real Party did not seek or obtain a density bonus or other concessions under the DBL, the no let loss provision does not apply directly to the Project. (§ 65915(c)(3).) However, as discussed below, various parts of the DBL, including the no net loss provision, suggest legislative intent to preclude local governments from granting density bonuses in a manner inconsistent with the DBL.2
. ··-· ..... _ .... _As argµed byf)�tiJi()Q�rs, theundisputed record suggests that City granted a large density bonus above the maximum density allowecf6ythe Generat·Plan�-(See--·-·-·----·-·· Reply 7 .) Prior to November 3, 2015, the maximum allowable density pursuant to the Motor Inn's General Plan designation of General Commercial was 20 du/acre.3 The density for a land use designation of High Density Residential, to which the Project site was changed on November 3, 2015, was also 20 du/acre. However, a density of 40 du/acre was apparently allowed in some parts of the City for this residential designation.4 (AR 5906.) City granted an increase to 54 du/acre for the Project. .(See AR 6662.) Real Party promised to build only 20 moderate-income rental units, but the Project was not a "common interest development" that would qualify for a density bonus under the DBL. Real Party did not promise to build units for low or very-low income residents. Moreover, for a density bonus of 35 % (from 40 du/acre to 54 du/acre), the project applicant must agree to build 11 percent very low-income units; 20 percent low 2 Petitioners Qf{e AR3153-3.).00 to support their claim that approximately 50 low or very low income h�cupied rooms at the Motor Inn when the project approvals � were implemented. However, the court was unable to locate this evidence in the cited portion of the record. Counsel should address this at the hearing. ·
3 The opposition papers argue that land zoned C1, which prohibits residential uses, were approved for a base density of zero (0) du/acre. (Real Party Oppo. 8.) The court does not find that distinction to be dispositive, as the land was rezoned to high density residential.
4 According to a table cited by Petitioners, the density for a land use designation of highdensity residential is 20 du/acre. (AR 5906.) However, the land use element states that certain areas in North Costa Mesa allow density in excess of 20 du/acre for that designation. (AR 5906.) Although not clear, Petitioners appear to concede that a density of 40 du/acre was allowable for a designation of High Density Residential at the Project site. (See OB 11 :8; Reply 10-11.) The parties have not fully explained whether the density of 40 du/acre was allowed under the General Plan as written at the time of the application. (See AR 3157.) This distinction is not dispositive to the writ.

Exhibit 1- 2023-2031 Housing Element 1565
Exhibit 1- 2023-2031 Housing Element
1566
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Exhibit 1- 2023-2031 Housing Element
1568
,/
site was designated C1 at the time of the application. At the same time Real Party requested that City approve a 35% density bonus, IT also requested a change in the Property's zone from C1 to Residential-High 'Density. (AR 3157.) Real Party was an "�plicant seek[mg] a density bonus for a housm� development" within the City's jul'isd1ct1on and was subJect to the DBL. .(§ 6591 Sta)( I).) If Real Party had desired to build an affordable h · · t would have ualified for a density bonus and incentives under the DBL, it seems that Real Party could have soug t sue ene I s regardless of whether the Project site required a_zone change from C1 to high densi.ty residential. Also, it raises form over substance to argue that a project site designated C1 evades the DBL, even if the development necessarily C@!lires a zone change to residential. (See Resp. Oppo. 6:1-7.) -
Based on the foregoing, the court concludes that City's approval of a density __________ _ bonus for a residential project that would not qualify for a bonus under the DBL, and is not "proportionally lower" than what is required by the DBL, conflicts with the language and intent of the statute.

Does the DBL Fully Occupy the Field?
"Local legislation enters an area that is 'fully occupied' by general law when the Legislature has expressly manifested its intent to 'fully occupy' the area [citation], or when it has impliedly done so in light of one of the following indicia of intent: '(1) the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the' locality. [Citations.]" (City of Riverside, supra, 56 Cal.4th at 743.)
The courts "have been particularly 'reluctant to infer legislative intent to preempt a field covered by municipal regulation when there is a significant local interest to be served that may differ from one locality to another.' 'The common thread of the cases is that if there is a significant local interest to be served which may differ from one locality to another then the presumption favors the validity of the local ordinance against an attack of state preemption.' " (Id. at 744.)
The City's police powers include "limitations on the density and size of permissible residential development." (California Bldg. Industry Assn. v. City of San Jose (2015) 61 Cal.4th 435, 455.)
11 Exhibit 1- 2023-2031 Housing Element 1569
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1570
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Exhibit 1- 2023-2031 Housing Element 1592
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Exhibit 1- 2023-2031 Housing Element 1598
Descrip�on of Revisions Made to Address Comments in Disability Rights California August 18, 2023 Leter
Comment: The City of Stockton’s Revised Housing Element Contains Zero Plans for Permanent Housing for Stockton’s 5,000 and Coun�ng Houseless Individuals
Response: Revisions were made to pages BR-39 through BR-40 in the Exis�ng Needs Assessment.

Comment: The City’s Revised Housing Element has Zero Programs to Prevent Displacement of Stockton’s Tenants Who Comprise Half of All Households in Stockton – Approximately 150,000 Households. • Tenant Protec�on Policies
Response: No addi�onal revisions were made to address this comment. • Housing Preserva�on and Affordable Housing Development Program Response: No addi�onal revisions were made to address this comment. • The City’s Value Capture Programs are Inadequate or Unlawful Response: Program 7 in the Policy Document was revised to remove the market rate density bonus concept.
• The City’s Current Housing Element Does Not Plan for Suppor�ve, Accessible, Safe, Nonsegregated Housing for Stocktonians with Disabili�es.

Response: Revisions were made to Programs 26 and 29 in the Policy Document to include targeted outreach and efforts for those with disabili�es Comment: Transporta�on for people with Disabili�es is an AFFH issue.

Response: No addi�onal revisions were made to address this comment.

Comment: The City’s Current Dra� Sites Inventory Will Not Sa�sfy HCD Requirements for AFFH Because Plans for Low Income Housing and Extremely Low Income Housing Only in Stockton. Not Only Fails to Address the History of Racial Segrega�on in Stockton, it also Fails to Meet Requirements for the Environmental Element.

Response Program 33 has been added to the Policy Document to call on the City to iden�fy addi�onal sites in higher resourced areas of the City to address this comment.

Exhibit 1- 2023-2031 Housing Element 1599
Exhibit 1- 2023-2031 Housing Element 1600
Exhibit 1- 2023-2031 Housing Element 1601
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE 101 Parkshore Drive, Suite 200
Folsom, California 95630
t 916.245.7500
www.placeworks.com
Exhibit 1- 2023-2031 Housing Element 1602
SAFETY 5
Every general plan in California must address natural and human-made hazards and dangers, and identify the
potential risk of death, injuries, property damage, and economic and social dislocation from fires, floods,
earthquakes, and other events. Public safety and
emergency response are top priorities in Stockton, but not just in relation to widespread events. Concerns over
personal safety weigh heavily on many neighborhoods,
even to the point of discouraging residents from recreating or traveling along specific routes or at certain times of day.

The focus of this chapter is on improving public safety and reducing the risk of hazards. The chapter is organized
around four key goals that represent the priorities of the Stockton community:
■ Safe Community
■ Hazard Protection
■ Clean Water
■ Clean Air
Exhibit 2 - Updated Safety Element 1603

GOALS, POLICIES, AND ACTIONS

PUBLIC SAFETY IS A TOP

COMMUNITY PRIORITY
Violence and crime prevention are major issues for the
Stockton community. As one of the City’s strategic
initiatives to reduce violence and crime and increase
public safety, the Stockton Marshall Plan, funded by a ¾- cent sales tax approved by voters in 2013, emphasizes
data-based targeting of "focus area" locations and
predictive policing to achieve the objectives of preventing and stopping violence and building violence-prevention
capacity.

Design of the built environment can also help prevent
crime and increase both the sense and reality of safety.

Research has shown that the most effective deterrent to criminal activity is the risk of being caught, and design of public spaces that places more eyes on the street and limits access points can create safer environments. Strategies for Crime Prevention Through Environmental Design (CPTED)
include locating windows to overlook sidewalks and
parking lots, increasing pedestrian and bicycle traffic, and installing fencing, landscaping, or lighting to control access. Well-maintained buildings and property also
signal alert, active owners and can deter criminal activity.

The Stockton Police Department (SPD) and Fire
Department (SFD) provide essential services to keep the community safe; police and fire stations are shown on
Figure 5-1. The SPD provides professional law
enforcement based on a model of prediction, prevention, pursuit, and partnerships. This model combines policing and enforcement strategies with community involvement
and engagement. Through its commitment to community
policing, the SPD has established a variety of mentorship programs and training classes that promote proactive
partnership with neighborhood organizations and business owners to identify and solve issues.

The SFD mission is centered on providing excellent
emergency and non-emergency services through public
education, prevention, and aggressive suppression and
rescue activities. The SFD is an all-hazard fire department, capable of mitigating all types of both human-made and
natural disasters. As such, the fire department has the following specialized teams:
■ Hazardous Materials Team: A California Office of
Emergency Services Type II Hazardous Materials
Team staffed with seven personnel daily, trained to
the Hazardous Materials Technician and Specialist
level. Specialty apparatus and personnel are
assigned to Fire Company 3.
■ Water Rescue Team: Staffed by a team of four
personnel daily, the water rescue team is capable of
both surface and sub-surface water rescues, helping
to protect over 1,000 miles of waterways surrounding
the city. The team has specialty apparatus including
personal watercraft, inflatable boats, and a water
rescue vehicle. The Water Rescue Team is assigned
to Fire Company 6. In addition to City resources, the
California Office of Emergency Services has also
assigned the City a tow vehicle and trailer (OES Boat
Team #13) for deployment anywhere in the United
States.
■ Urban Search and Rescue (USAR) Team: Staffed by
a team of seven personnel daily, the USAR Team is
trained in rope rescue, confined space rescue, trench
rescue, and building collapse. The team utilizes
specialty apparatus including a Type I heavy rescue,
and a California Office of Emergency Services
Rescue Trailer.

GOAL SAF-1: SAFE COMMUNITY
Create a safe and welcoming environment in all areas of the city at all times of day.

Exhibit 2 - Updated Safety Element 1604
Figure 5-1
Police and Fire Stations
Exhibit 2 - Updated Safety Element 1605
To reinforce their public service model, the SFD offers a variety of volunteer programs including the Community
Emergency Response Team (CERT), which provides
training to residents and members of the business
community to increase disaster awareness and emergency
response capability, as well as the Stockton Fire Explorers and Stockton Fire Auxiliaries. The City and San Joaquin County coordinate for response in emergency situations, and SFD offers disaster preparedness training
opportunities through the CERT program. The risk of
wildfire in the Planning Area is considered relatively low, given the lack of forest or grassland area that could serve as fuel sources for a wildfire.

Measure W was approved by voters November 2, 2004.

It was originally adopted by Ordinance 038-04 C.S., and is codified in Section 3.52 of the Stockton Municipal Code, entitled Funding for Police and Fire Protection Services.

The ordinance provides for a ¼-cent (0.25 per cent)
transaction and use tax (i.e., sales tax), a tax dedicated to providing for police and fire personnel and services. The ordinance calls for Program Guidelines, which were
developed and adopted by the City Council, August 4,
2004. The Program Guidelines prescribe two methods of
ensuring that tax monies collected are used as specified by the ordinance. The first method is an independent audit and the second method is a citizens' committee. Measure W provides funding for 23 suppression positions within the SFD.

Public safety staffing and response time standards provide a means to ensure that the community will remain safe as the city develops. The City strives to achieve the following public safety standards:
■ Police Staffing: 1.5 sworn officers per 1,000
residents.
■ Police Response Times: Average law enforcement
response time of 5 minutes or less for priority one
calls (where a threat to persons may exist).
■ Fire Staffing: 1.23 sworn firefighters per 1,000
residents for a population up to 500,000 people.
■ Fire Response Times:
• 240 seconds or less travel time for the arrival of
the first arriving engine company at a fire
suppression incident.
• For other than high-rise, 480 seconds or less travel
time for the deployment of an initial full alarm
assignment at a fire suppression incident.
• For high-rise, 610 seconds or less travel time for
the deployment of an initial full alarm assignment
at a fire suppression incident.

POLICY SAF-1.1
Invest in neighborhood safety through
partnerships with the community to help prevent
violence and crime ("community policing").

Action SAF-1.1A
Promote public safety programs, including business,
neighborhood, and school watches; child identification
and fingerprinting; and other public education efforts.

Action SAF-1.1B
Maintain and expand community outreach programs to
improve the community’s understanding of how the
criminal justice system works, foster a positive relationship between community members and public safety staff,
provide a venue for open dialog, and promote
transparency in public safety.

Exhibit 2 - Updated Safety Element 1606
Action SAF-1.1C
Engage with schools, non-profit organizations, and faithbased organizations to recognize and work with at-risk youth to avert future criminal activity.

POLICY SAF-1.2
Reduce community violence and crime by
fostering community connectivity, creating a sense
of place, and encouraging social interactions
between residents, employees, and business
owners.

Action SAF-1.2A
Update the City’s Design Guidelines and Development
Code to require new and retrofitted development to
support effective police and fire protection response and services by using the following principles of crime
prevention through environmental design (CPTED):
■ Delineate private and public spaces
■ Enhance visibility
■ Control property access
■ Ensure adequate property maintenance
Action SAF-1.2B
Pursue public art projects that match the culture of the neighborhood to create a sense of ownership and
belonging.

Action SAF-1.2C
Engage residents and business owners in ongoing
discussions about how land use and planning decisions
can help to reduce violence.

Action SAF-1.2D
Incentivize a variety of uses in a neighborhood that will be active throughout the day and night.

POLICY SAF-1.3
Ensure that City-managed spaces and facilities
support a feeling of safety for users.

Action SAF-1.3A
Design and maintain parks, waterways, trail corridors, and other facilities to meet the recreational needs of the
community, while maximizing public safety and access
concerns, such as through the following approaches:
■ Locate facilities to ensure visibility along public
roadways where appropriate.
■ Provide clear access points.
■ Maintain vegetation to maximize visibility and
demonstrate active attention to the site.
■ Use signage to clearly convey site ownership and
rules.

Action SAF-1.3B
Design and improve City streetscapes to create safer
places by maximizing visibility through installation and maintenance of appropriate lighting and landscaping.

Exhibit 2 - Updated Safety Element 1607

WE NEED TO BE PREPARED

FOR EMERGENCIES
The Hazard Protection section contains the City’s policies and actions to minimize hazardous situations in and
around Stockton. It identifies the natural and humancaused hazards that affect existing and future development, describes present and expected future
conditions, and sets policies and standards for improved public safety. This includes efforts to minimize physical harm to the buildings and infrastructure in and around
Stockton to reduce damage to local economic systems,
community services, and ecosystems. Much more detail
about this section and the issues it addresses are in the Safety Element Background Report.

CLIMATE CHANGE VULNERABILITY
Changes to the global climate system are expected to
affect future occurrences of natural hazards in and around Stockton. Many hazards are projected to become more
frequent and intense in coming years and decades—in
some cases, these changes have already begun. Key
effects of climate change that affect Stockton include
increasing temperatures, changes in precipitation, and sea level rise. Overall precipitation levels are expected to increase only slightly, but there are likely to be more years of extreme precipitation events as well as droughts that last longer and are more severe.

Under California law, the Safety Element is required to include a vulnerability assessment that looks at how
people, buildings, infrastructure, and other key community assets may be affected by climate change. The City
prepared a Climate Change Vulnerability Assessment in
the winter of 2023 to analyze Stockton’s susceptibility to climate-related hazards. The assessment followed the most recent available guidance in the California Adaptation
Planning Guide.

The Climate Change Vulnerability Assessment found that
inland flooding and sea level rise pose the greatest threat to Stockton, followed by extreme heat, severe weather,
wildfire and smoke, and human health hazards. The most
vulnerable communities include low-resourced people of
color, outdoor workers, and individuals experiencing
homelessness, but many other groups also face an
increased risk of harm. Many local and regional
infrastructure networks are vulnerable, including the
electrical grid, transportation systems, flood control
systems, and water and wastewater infrastructure. Damage to these systems can create serious public health hazards and cause widespread economic harm. The Safety
Element includes goals, policies, and implementation
actions to increase community resilience and help lower vulnerability.

COMMUNITY WARNING SYSTEMS
San Joaquin County has partnered with Everbridge, a
public warning platform, to implement SJREADY, a
community notification system to alert residents about
emergency events and other important public safety
information. This system allows San Joaquin County to
provide Stockton residents with critical information quickly in an emergency. There are also several other emergency alert systems, including notifications through broadcasters, cable television systems, and digital audio services. Social media and websites can supplement these alert systems.

EMERGENCY EVACUATION
With advanced warning, evacuation can be effective in
reducing injury and loss of life during a catastrophic event.

The San Joaquin County Office of Emergency Services has prepared an evacuation plan for response to flooding due to failure of a levee or dike. The evacuation plan includes routes for people evacuating by car, rally points for people needing assistance evacuating, and instructions for how to evacuate safely during a flood.

GOAL SAF-2: HAZARD PROTECTION
Protect residents and businesses from natural and human-caused hazards.

Exhibit 2 - Updated Safety Element 1608
Figure 5-2 shows potential major evacuation routes in
Stockton, including highways and surface streets. If there is a need for evacuation, emergency responders will direct community members to the most suitable evacuation
routes for the specific needs and characteristics of the emergency. This figure also shows residential parcels that are at least half a mile from a major roadway and with
limited access points. These parcels may face evacuation constraints, creating potential difficulties if there is a need to evacuate.

Stockton has prepared an analysis of potential evacuation times for different areas of the city under different
emergency situations: a citywide evacuation due to a 500- year flood event that results in levee breaches, a major dam break, and a smaller-scale flood event exacerbated
by sea level rise. In each scenario, the City identified the paths out of Stockton (or “evacuation gateways”) that
would remain viable and would not lead into another
hazard zone, then estimated the time it would take
residents to reach one of these gateways under either
normal driving speeds or a constrained 5 miles per hour.

If normal driving speeds remain feasible, this modeling shows that most of Stockton could be evacuated in
approximately 30 minutes, although areas in northwest
Stockton could take longer since the most viable
evacuation routes lead to the southeast. Under
constrained driving speeds, evacuation times are
significantly longer, particularly for areas in northwest Stockton, such as the Spanos Park and Bear Creek
neighborhoods. The full results of the evacuation scenario are presented in the Safety Element Background Report.

The policies in this Safety Element help address issues of evacuation constraints and similar challenges.

Exhibit 2 - Updated Safety Element 1609
Figure 5-2
Evacuation Routes and Residential Parcels with Evacuation Constraints Exhibit 2 - Updated Safety Element 1610
POLICY SAF-2.1
Prepare sufficiently for major events to enable
quick and effective response.

Action SAF-2.1A
Formulate, review, periodically update, and make
available to the public emergency management plans for
the safe evacuation of people from areas subject to
environmental hazards.

Action SAF-2.1B
Require new critical facilities, including hospitals,
emergency operations centers, communications facilities, fire stations, and police stations, to be located, designed, and constructed to avoid or mitigate potential risks and ensure functional operation during flood events. Avoid
locating critical facilities in the 100-year and 200-year floodplains or within the 2085 projected sea level
inundation zone, and construct facilities to be resilient to seismic and geological events, fires, and explosions.

Action SAF-2.1C
Continue to work with San Joaquin County, the County
Office of Emergency Services, other cities in the region, and disaster agencies to coordinate disaster and
emergency preparedness planning.

Action SAF-2.1D
Ensure that emergency alerts and related notifications are widely distributed in multiple languages, formats, and
media so as to effectively reach as many people as
possible, including those with limited English proficiency and with access and functional needs.

POLICY SAF-2.2
Enhance the effectiveness of evacuations in
Stockton.

Action SAF-2.2A
Require new development to provide adequate access for
emergency vehicles and evacuation routes, including by
designing roadway systems to provide multiple escape
routes in the event of flooding or other emergencies.

Action SAF-2.2B
Regularly review the City’s evacuation maps and update
as necessary.

Action SAF-2.2C
Regularly share the City’s evacuation maps with the public and property owners within flood zones.

Action SAF-2.2D
Coordinate with transit and service providers to identify and advertise ways to evacuate in the event of a flood or other emergency for individuals with restricted mobility or those who may need additional assistance.

Action SAF-2.2E
In partnership with the San Joaquin Council of
Governments and other local agencies, retrofit potential evacuation routes to protect them against floodwaters and other emergencies, and ensure that they can provide
viable paths out of Stockton.

Action SAF-2.2F
Conduct door-to-door evacuation notifications in areas
with limited access to reliable communication, particularly in frontline communities or those that may need the
greatest advanced notification.

Action SAF-2.2G
To the extent feasible in emergency conditions, phase
evacuations to minimize roadway constraints and to allow all residents sufficient time to leave.

POLICY SAF-2.3
Ensure that community members are adequately
prepared for natural disasters and emergencies
through education and training.

Action SAF-2.3A
Develop neighborhood watch and emergency support
groups to be trained and put into action in support of
government staff in the event of an emergency.

Action SAF-2.3B
Conduct public education campaigns to increase
awareness of and preparation for climate hazards.

Exhibit 2 - Updated Safety Element 1611

SEISMIC AND GEOLOGIC HAZARDS
Seismic and geologic hazards are risks caused by the
movement of the Earth’s surface, or crust. Seismic hazards are earthquakes and related hazards. Geologic hazards
are other hazards involving land movements that are not linked to seismic activity.

There are a few faults in the region capable of causing a major earthquake in Stockton, but they are all west of
Stockton, closer to the San Francisco Bay. Closer to
Stockton are some smaller faults, including the Stockton Fault that runs east-west across the city, but it is not known to be active. Strong shaking from a major earthquake is rare in Stockton, although there were reports of significant shaking and localized damage in the area during the
1989 Loma Prieta earthquake. Figure 5-3 shows key fault lines in the region but not all smaller or less active faults are shown.

If major shaking from an earthquake does occur in
Stockton, there is a risk of significant injury or loss of life from the damage or collapse of buildings and structures.

Older homes in particular are at risk, because they were constructed before modern buildings codes and may not
be seismically retrofitted. There is also a risk of harm from secondary hazards caused by the shaking, including urban fires, dam failures, and toxic chemical releases.

Other geologic hazards that may occur in the area include landslides, subsidence (the gradual sinking of land, often due to groundwater pumping), and soils that can
significant expand and contract depending on their
moisture levels. There are no areas of substantial landslide risk in Stockton. Other parts of the Delta region have
experienced subsidence, and there is an increased risk of further subsidence due to water management practices.

Most of Stockton sits on areas with a moderate risk of soil expansion. Any construction on these soils may require
specific management practices to reduce potential
damage.

POLICY SAF-2.4
Reduce the potential harm from earthquakes and
geologic hazards.

Action SAF-2.4A
Participate in local, county, and State-sponsored
earthquake preparedness programs.

Action SAF-2.4B
Coordinate with the Stockton Fire Department, Stockton
Community Emergency Response Team, San Joaquin
County Office of Emergency Services, special districts, local utility providers, and major businesses to ensure effective preparation, response, and recovery services are available throughout the community before, during, and
after a seismic event.

Action SAF-2.4C
Assess critical and lifeline facilities for seismic and landslide safety to ensure they remain operational after a seismic event or landslide.

Action SAF-2.4D
Identify City infrastructure with seismic or landslide
vulnerabilities and pursue funding to conduct appropriate seismic retrofits.

Action SAF-2.4E
Continue to implement California Building Standards
Code seismic safety standards for construction of new
buildings.

Action SAF-2.4F
Target low-income households, owners and occupants of
structures constructed prior to 1980, and owners and
occupants of unreinforced masonry buildings with
information regarding the importance of seismic
retrofitting, and help building owners and occupants
connect with providers of these services.

Action SAF-2.4G
Locate new critical and lifeline facilities outside of landslide susceptibility areas, when feasible. If not feasible,
appropriately site, design, and construct new critical
facilities to be resilient to landslides.

Exhibit 2 - Updated Safety Element 1612
Figure 5-3
Regional Fault Lines
Exhibit 2 - Updated Safety Element 1613

FLOODING AND INUNDATION

HAZARDS
Floods are among the costliest natural disasters in terms of human hardship and economic loss nationwide,
significantly threatening people’s health and lives and causing substantial damage to structures, landscapes, and utilities. Reclamation of Delta land over many years has reduced available floodplain and increased flooding
potential. Flood risk is therefore one of the most pressing threats to the Delta area, and Stockton is one of the areas at highest risk.

Areas at an elevated risk of flooding are generally divided into 100-, 200-, and 500-year flood zones. A 100-year
flood zone has a 1 percent chance of experiencing a major flood in any given year, a 200-year flood zone has a 0.5 percent chance, and a 500-year flood zone has a 0.2
percent chance. The majority of the city is in one of these flood zones, as shown on Figure 5-4, making flooding a
hazard of significant concern for Stockton. Figure 5-5
shows the land uses in these affected areas.

Most of the city is protected from flooding by levees, which are shown on Figure 5-6. However, many levees in the
Delta region were initially constructed more than a century ago using rudimentary equipment and nonengineered fill
material excavated from adjacent channels, sloughs, and marshes. There have been several improvements to the
levee system in and around Stockton in recent years,
including construction of new flood protection facilities led by the San Joaquin Area Flood Control Agency. A number
of local, regional, state, and federal agencies play a role in maintaining levees and other flood protection facilities in and around Stockton. This includes the Central Valley Flood Protection Board, a regulating authority over flood risk management in the Central Valley and responsible for adopting the Central Valley Flood Protection Plan.

Despite these improvements, vulnerabilities remain in
Stockton’s levee system. The Country Club neighborhood
and areas along the San Joaquin River and its floodplain in the southern part of the city do not receive adequate flood protection from levees. Although all remaining
levees provide 100-year flood protection, no levees meet the State’s 200-year flood protection requirement in the Central Valley Flood Protection Plan. The Delta’s levees are also threatened by the active seismic zones west of the Delta, including the San Andreas and Hayward faults. Even without an earthquake or flood, Delta levees can fail
during high tides or even on sunny days. In the event of a major levee break, much of the city would be inundated, potentially damaging tens of thousands of homes.

Sea Level Rise
Sea level rise is an increase in the ocean’s surface height relative to the land in a particular location. It is a gradual process that takes place over years or decades, affecting communities near shorelines and low-lying waterways,
including the Sacramento/San Joaquin Delta region. Sea
levels in the San Francisco Bay-Delta Estuary are likely to rise at least to 7 to 13 inches by 2050, and potentially as high as 23 inches (almost two feet). By the end of the
century, sea levels are likely to rise significantly higher, potentially as much as 7 to 10 feet. Figures 5-7 and 5-8 show the likelihood that certain areas of Stockton will be flooded due to sea level rise by 2050 and 2085,
respectively.

There are a range of factors that impact water levels in the San Joaquin Delta, including inflows (from local and
upstream precipitation), San Joaquin Delta exports into regional and state water systems, astronomical tides,
atmospheric effects (pressure and wind), and flow control operations. Regional and local land subsidence further
complicates local sea level trends for the Delta region.

Decomposition of drained and converted marsh and peat
soils in diked Delta islands have caused much of the Delta region to lie below sea level—in some places by as much as 20 feet. Continued land subsidence may increase the
relative rate of locally observed sea level change for the Delta area when comparing water levels to local land
elevations.

Exhibit 2 - Updated Safety Element 1614
Figure 5-4
Flood Hazard and Levee Protection Zones
Exhibit 2 - Updated Safety Element 1615
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Exhibit 2 - Updated Safety Element 1616
Figure 5-5
Planned Land Uses in Flood Hazard Zones
Exhibit 2 - Updated Safety Element 1617
This page intentionally blank.

Exhibit 2 - Updated Safety Element 1618
Figure 5-6
Flood Protection Levees
Exhibit 2 - Updated Safety Element 1619
Figure 5-7
2050 Sea Level Rise Projections (Probabilistic)
Exhibit 2 - Updated Safety Element 1620
Figure 5-8
2085 Sea Level Rise Projections (Probabilistic)
Exhibit 2 - Updated Safety Element 1621
Dam Failure
A dam failure is an uncontrolled release of water from a reservoir through a dam because of structural failures or deficiencies in the dam, usually associated with intense rainfall or prolonged flooding. Dam failures can range
from minor to catastrophic. Although dam failures are very rare, they are not unprecedented. There are four major
causes of dam failures: overtopping (when water levels in a reservoir rise above the top of the dam), foundation
defects in the dam structure, piping and seepage failure in the dam or surrounding rock, and conduit and valve
failure.

Stockton is within the inundation areas of four major dams:
the New Hogan Dam on the Calaveras River, the New
Melones Dam on the Stanislaus River, the Camanche Dam
on the Mokelumne River, and the Don Pedro Dam across
the Tuolumne River at the Don Pedro Reservoir. Failure of any of these dams would give residents about seven hours to evacuate. Other major regional dams could also affect Stockton but would have longer warning times. Figure 5-9 shows the dam hazard areas in Stockton.

Likelihood of Future Flooding
The city’s proximity to the Delta, relatively low elevation, and potential to experience heavy rains mean that flood will continue to pose a significant hazard to the
community. Climate change is expected to increase the
frequency and intensity of strong storms that are more
likely to create flooding. Sea level rise is expected to exacerbate this risk by increasing the height of the water surface in the Delta, including expanding the parts of the city that are considered prone to flood. By 2050, an
addition 29,550 residents of Stockton are expected to be exposed to flooding, and 55,690 by the end of the century.

Increased frequency and severity of Delta flooding could have significant impacts on some of Stockton’s most
vulnerable residents. Approximately 65 percent of the
Delta’s population that could be exposed to the 100-year flood by 2050 reside in areas with high concentrations of socially vulnerable residents. Increases in damaging flood events will cause greater property damage, public health and safety concerns, displacement, and loss of life.

As sea levels rise and heavy precipitation becomes more common, the likelihood of levee overtopping will increase.

Levee breaks could cause large amounts of salt water from the Bay to enter the Delta and would have an adverse
effect on Delta water quality and water system operations.

Salt water intrusion could take months to dissipate,
depending on the severity of the levee break and the
degree of intrusion.

Of the ecosystems currently protected by levees in the
Delta region, 73 percent are at risk of flooding due to levee overtopping resulting from a combination of sea
level rise and storm events. By 2085, rising sea levels are expected to cause all critical remaining tidal wetland
ecosystems in the Delta to transition to different plant communities or drown completely.

Exhibit 2 - Updated Safety Element 1622
Figure 5-9
Dam Inundation
Exhibit 2 - Updated Safety Element 1623
POLICY SAF-2.5
Protect the community from potential flood
events.

Action SAF-2.5A
Coordinate with appropriate State, federal, and local
flood control agencies to develop a flood protection plan for the levee systems protecting the city that:
■ Identifies the levees protecting the city and the entities responsible for the operation and maintenance of the
levees.
■ Determines the flood levels in the waterways and the
level of protection offered by the existing levees along the waterways.
■ Identifies a long-term plan to upgrade the system as
necessary to provide at least a 100-year level of flood protection to the city, and 200-year level of flood
protection where feasible.
■ Encourages multipurpose flood management
projects that, where feasible, incorporate recreation,
resource conservation, preservation of natural
riparian habitat, and scenic values of the city's
streams, creeks, and lakes.
■ Includes provisions for updates to reflect future State or federally mandated levels of flood protection.

Action SAF-2.5B
Collaborate with State and local flood management
agencies and other interested parties to develop funding mechanisms to finance the local share of flood
management responsibilities and maintain cooperative
working relationships with appropriate agencies to
minimize flood hazards and improve safety.

Action SAF-2.5C
Require new public and private waterfront development to be oriented to waterways and provide setbacks and
easements along levees and channels to provide space for levee widening, flood fighting, roadway and maintenance access, open space and trail amenities, and appropriate landscaping.

Action SAF-2.5D
For any critical public facility sited within the 100-year floodplains (as shown on Figure 5-4) or areas at risk of inundation from sea level rise by 2085 (as shown on
Figure 5-8), the responsible agency or department shall implement site or building flood protection improvement methods to ensure operability and minimize damage.

Action SAF-2.5E
Work with residents experiencing insecure housing, with low incomes, with access and functional needs, and/or
living in mapped flood hazard zones and levee protection areas (as identified on Figure 5-4) to connect with local, regional, state, and federal initiatives to improve housing resiliency.

Action SAF-2.5F
Work with residents experiencing insecure housing, with low incomes, with access and functional needs, and/or
living in mapped flood hazard zones and levee protection areas (as identified on Figure 5-4) to insure their property and receive recovery resources in the aftermath of a flood.

Action SAF-2.5G
Work with residents experiencing insecure housing, with low incomes, with access and functional needs, and/or
living in mapped flood hazard zones (as identified in
Figure 5-4) to obtain relocation assistance and/or obtain affordable housing outside of flood hazard zones.

POLICY SAF-2.6
Minimize risks to the community from flooding
through appropriate siting and protection of
structures and occupants.

Action SAF-2.6A
Regulate new urban development in accordance with State requirements for 200-year level of flood protection and federal requirements for 100-year level of flood
protection.

Action SAF-2.6B
Require flood-proofing of new and expanded buildings
and structures in the mapped flood hazard zones and levee protection areas shown on Figure 5-4. Floodproofing
methods will be determined on a project-by-project basis, and may include, but not be limited to:
(a) Anchoring to prevent flotation, collapse, or lateral movement.

Exhibit 2 - Updated Safety Element 1624
(b) Using flood-resistant construction materials.
(c) Employing construction methods and practices that
minimize flood damage.
(d) Elevating building pads and habitable building floors above the base flood elevation plus required
freeboard.
(e) Providing adequate venting to allow for equalization of hydrostatic flood forces.

Action SAF-2.6C
Investigate and implement when feasible mitigation
measures that offer 200-year level of flood protection for existing urban development in flood-prone areas.

Action SAF-2.6D
Preserve floodways and floodplains for non-urban uses to maintain existing flood carrying capacities, except when mitigated in conformance with the City's floodplain
management program.

Action SAF-2.6E
Consider the best available flood and sea-level hazard
information and mapping from regional, State, and
federal agencies to inform land use and public facilities investment decisions.

OTHER HAZARDS OF CONCERN
Drought
A drought is an extended period when precipitation levels are well below normal but is a normal part of the climate cycle. Drought may cause losses to agriculture; affect
domestic water supply, energy production, public health, and wildlife; or contribute to wildfire. Like most of
California and the western United States, Stockton
experiences drought cycles.

Drought impacts the city’s water supply and, in severe
instances, makes less water available for people,
businesses, and natural systems. Both the City of Stockton Municipal Utilities District and the California Water Service Company Stockton District supply water to different parts of the community. Stockton’s primary water sources during base years are surface water from several local and
regional rivers (including the Calaveras, Stanislaus, and San Joaquin Rivers) and the East San Joaquin Subbasin of the San Joaquin Valley Groundwater Basin. As of August
2023, Stockton and its water sources were not in drought conditions, although San Joaquin County was in a state of extreme to exceptional drought—the highest level of
drought recognized by the US Drought Monitor—as
recently as December 2022. The City Utilities District and California Water both project that they will have an
adequate water supply through 2045 for normal years,
single dry years, and multiple dry years.

Although droughts are a regular feature of California’s climate, scientists expect that climate change will lead to more frequent and intense droughts statewide. Climate
change is expected to cause more precipitation to fall as rain instead of snow, and the snow that does fall will melt earlier, reducing the Sierra Nevada spring snowpack by as much as 70 to 90 percent. How much snowpack will be
lost depends in part on future precipitation patterns, the projections for which remain uncertain. However, even
under wetter climate projections, the loss of snowpack
would pose potential water shortage issues and exacerbate drought conditions.

Increasing frequency and severity of droughts will likely have negative impacts on Delta agriculture. Drought—
especially in combination with other climate change
stressors and hazards, such as extreme heat—may reduce
crop productivity. Reductions in agricultural productivity would disproportionately impact low-income agricultural laborers, who would be more likely to lose their jobs first and who tend to have fewer resources to cope with drought and other climate change impacts. Drought and other
climate change impacts may exacerbate existing water
affordability issues. Increased frequency of droughts may also contribute to harmful algal blooms and degrade raw water quality, requiring drinking water treatment system upgrades.

Fire Hazards
Fire hazards include both wildfires and urban fires. Though the city is vulnerable to both kinds of fire threats, the climatic and vegetative conditions in Stockton are
generally not conducive to the spread or development of wildfires. Fuel, weather, and topography are primary
factors in how wildland fires spread. Wildfire risk in San Joaquin County is generally low. Fire protection in
Stockton is provided by the SFD, as described in Section

2.1, Public Safety.

Exhibit 2 - Updated Safety Element 1625
CAL FIRE (California Department of Forestry and Fire
Protection) establishes fire hazard severity zones (FHSZ), designating each as moderate, high, or very high severity.

There are no FHSZs in or immediately next to the city.

However, there are high and very high FHSZs in
neighboring counties, and smoke from fires in these areas could impact local air quality.

The wildland-urban interface (WUI) is an area where
buildings and infrastructure (e.g., cell towers, schools, water supply facilities) mix with areas of flammable
wildland vegetation. There are two types of WUI: interface (areas where housing and other development border
wildland areas) and intermix (where development is
mingled and interspersed with wildland areas).

Additionally, the influence zone refers to an area made up of wildfire-susceptible vegetation up to 1.5 miles from the WUI, and the threat zone is an additional strip of
vegetation modified to reduce flame heights and radiant heat. Figure 5-10 shows the WUI zones around Stockton.

Although the wildfire risk in Stockton is low, there is a risk of structural fires. Structural fires are often due to faulty wiring or mechanical equipment and combustible
construction materials. The absence of fire alarms and fire sprinkler systems exacerbate the damages associated with a structural fire. Structural fires are largely from human accidents, although some fires may be started deliberately (arson). Older buildings that lack modern fire safety
features may face greater risk of damage from fires.

Greater frequency of regional fires can create recurrent air quality degradation, leading to respiratory health effects.

Wildfire smoke consists of a mix of gases and fine
particulate matter from burning vegetation and materials.

The pollutant of most concern from wildfire smoke is fine particulate matter (PM2.5). PM2.5 from wildfire smoke is damaging to human health due to its ability to deeply
penetrate lung tissue and affect the heart and circulatory system. Although wildfire smoke presents a health risk to everyone, sensitive groups may experience more severe
acute and chronic symptoms from exposure to wildfire
smoke, such as children, older adults, people with chronic respiratory or cardiovascular disease, or people
experiencing low socioeconomic status. Air quality in
Stockton has been impacted by major recent wildfires,
most notably the Lightning Complex Fire of 2020, Creek
Fire of 2020, and Camp Fire of 2018. All of these fires resulted in elevated levels of particulate matter in San Joaquin County for several days.

Warmer weather, reduced snowpack, and earlier
snowmelt attributable to climate change are expected to increase wildfire risk due to increased fuel and ignition risks. Although Stockton itself faces a low wildfire risk, wildfire risk is generally projected to increase across Northern California, and wildfires are expected to become larger and harder to control, so Stockton will likely
continue to be subject to wildfire smoke. Regional wildfires may also interfere with the city’s power supply via Public Safety Power Shutoff events or damage to electricity
transmission infrastructure.

Agricultural and Ecosystem Pests
Though there is limited agricultural land and open space in Stockton itself, San Joaquin County contains significant farmland, including prime farmland and farmland of
statewide importance, as well as extensive wetlands and levee systems. Therefore, the county is vulnerable to
agricultural and ecosystem pests. Pests that have been of particular concern in San Joaquin County recently include nutria and Russian knapweed.

Agricultural and ecosystem pests will likely maintain a presence in San Joaquin County, though their activity can be at least partially managed via the County’s pest-control initiatives. Pest activity is likely to increase because higher temperatures caused by global warming allow insects to
reproduce more rapidly and increase the activity window for pests and diseases. Row crops can be affected by
fungal pathogens and invasive disease vectors as
temperatures continue to rise, affecting the quality and viability of crops.

Exhibit 2 - Updated Safety Element 1626
Figure 5-10
Wildland-Urban Interface Zones
Exhibit 2 - Updated Safety Element 1627
Extreme Heat
California’s Cal-Adapt database of climate change effects defines extreme heat as temperatures that are hotter than 98 percent of the historical high temperatures for the area, as measured between April and October of 1961 to 1990.

Days that reach this level are called extreme heat days. In Stockton, the extreme heat threshold is 102.3°F. An event with five extreme heat days in a row is called a heat wave.

Extreme heat also takes the form of warm nights when
temperatures do not cool down overnight to provide relief from the hot days. This can also cause higher electricity use during the nighttime hours as community residents use more energy to cool homes. In Stockton, a warm night
occurs when the temperature stays above 66°F.

Health impacts are the primary concern with this hazard, though economic impacts are also an issue. People
exposed to extreme heat can suffer heat-related illnesses such as heat cramps, heat exhaustion, and (most severely) heat stroke. The elderly, individuals below the poverty level, outdoor workers, immigrant communities, and those experiencing homelessness are among the most
vulnerable to extreme heat. Very high temperatures can
harm plants, animals, and natural ecosystems that are not well adapted to them. The heat causes more demand for
electricity (usually to run air conditioning units) and, in combination with the stress on the power lines, may lead to brownouts and blackouts.

Extreme heat tends to occur on an annual basis and is
likely to continue occurring annually. According to
California’s climate change projections, the number of
extreme heat days in Stockton is expected to rise from a historical annual average of 4 to 23 by the middle of the century (2035 to 2064) and 44 by the end of the century (2070 to 2099), with occasional years experiencing many more extreme heat days. The number of warm nights in
Stockton is projected to increase from an annual average of 4 historically to 27 by midcentury and 66 by the end of the century.

Severe Weather
Severe weather is generally any destructive weather event, but usually occurs in Stockton as strong storms or heavy fog. Severe weather is usually caused by intense storm
systems, although strong winds can occur without a storm.

The types of dangers posed by severe weather vary widely and may include injuries or deaths, damage to buildings and structures, fallen trees, roads and railways blocked by debris, and fires sparked by lightning. Severe weather can produce high winds and lightning that can damage
structures and cause power outages. Lightning from these storms can ignite structure fires that can cause damage to buildings and endanger people. Objects such as vehicles, unprotected structures (e.g., bus stops, car ports), fences, telephone poles, or trees can also be struck directly by lightning, which may result in an explosion or fire.

Severe weather is an annual occurrence in San Joaquin
County. However, actual damage associated with the
primary effects of severe weather have been limited.

Climate change is expected to cause an increase in intense rainfall and strong storm systems. This means that Stockton could see more intense weather resulting from these storms in the coming years and decades, although such an
increase may not affect all forms of severe weather.

Though average annual rainfall may increase only slightly, climate change is expected to cause an increase in the
number of years with intense levels of precipitation. Heavy rainfall can increase the frequency and severity of other hazards, including flooding. The incidence of winter fog has decreased dramatically over the past three decades, due in part to declines in winter chill caused by climate change.

Human Health Hazards
Human health hazards are bacteria, viruses, parasites, and other organisms that are spread by insects, animals, and other pest organisms and can cause diseases and illness in people. Some of these diseases may cause only mild
inconvenience, but others are potentially life threatening.

These diseases can be and often are carried by animals, such as mice and rats, ticks, and mosquitos. Warmer
temperatures and high levels of precipitation can lead to increased populations of disease-carrying animals,
creating a greater risk of disease and increased rates of infection. Populations most vulnerable to human health
hazards are those who spend a disproportionate amount
of time outdoors, those with fragile immune systems or
existing illnesses, and those who may live in substandard housing or not have access to health insurance and
medical care.

Human health hazards of various scales and levels of
severity are likely to continue to occur in the future. Climate change is projected to contribute to increases in average Exhibit 2 - Updated Safety Element 1628
temperature and changes in precipitation patterns that
favor large precipitation events and associated flooding.

These climatic changes promote the reproduction and
speed the growth of many pest species, leading to higher populations of potential disease vectors. Overall risk of human health hazards is thus expected to increase.

POLICY SAF-2.7
Accommodate a changing climate through
adaptation, mitigation, and resiliency planning
and projects.

Action SAF-2.7A
Create a city-specific Local Hazard Mitigation Plan and incorporate this plan into the Safety Element. Begin
creation of the plan within one year.

Action SAF-2.7B
Conduct regular updates to the City’s climate change
vulnerability assessment and associated adaptation and
resilience policies and strategies, and incorporate them into the Safety Element, in accordance with SB 379.

Action SAF-2.7C
Continue to participate in regional climate change
vulnerability assessment, adaptation planning, and
resilience efforts. Accommodate a changing climate
through adaptation and resiliency planning and projects, including pursuit of grant funding for implementation of resilience efforts.

Action SAF-2.7D
Continue to identify opportunities to expand the City’s organization capacity to respond to the effects of climate change.

Action SAF-2.7E
Establish a network of equitably located community
resilience centers that would offer refuge and backup
power for community members in the event of a largescale disaster or extreme heat event, including as a last resort shelter-in-place location.

Action SAF-2.7F
Install backup power and water resources at critical City facilities, emergency shelters, and cooling centers in case of power and water outages.

Action SAF-2.7G
Work with regional and local partners to increase the
number of solar and battery systems installed at homes, businesses, and City facilities.

Action SAF-2.7H
Coordinate with transit providers to identify and advertise ways for individuals with restricted mobility to reach
resilience centers, cooling centers, and alternate care sites.

Action SAF-2.7I
Conduct targeted public outreach and education about
cooling strategies for those populations sensitive to higher temperatures, especially seniors and those who work
outdoors, lack permanent shelter, and lack air
conditioning.

Action SAF-2.7J
Partner with local community-based organizations to
pursue grant funding opportunities to provide financial assistance or reduced costs for energy retrofits, cooling, ventilation, or other adaptation measures to help protect low-income households, senior citizens, and other
vulnerable persons against extreme heat events.

Action SAF-2.7K
Plant trees and install more green space to provide shade and combat high heat, with a focus on neighborhoods that are most vulnerable to heat.

Action SAF-2.7L
Target residents living in the wildland urban interface (as shown on Figure 5-10) with information about the dangers of living in a wildfire hazard area and strategies for
reducing wildfire risk.

Action SAF-2.7M
Work with existing property owners in wildland-urban
interface areas to establish and maintain fire breaks and defensible space, vegetation clearance, emergency access Exhibit 2 - Updated Safety Element 1629
roads, water supply and fire flow, signage, and firefighting infrastructure that meets current adopted State, County, or community fire safety standards.

Action SAF-2.7N
Discourage new development in the wildland-urban
interface (as shown on Figure 5-10). If new development does occur within these areas, require any construction of buildings or infrastructure to incorporate fire-safe design features that meet the State Fire Safe Regulations and Fire Hazard Reduction Around Buildings and Structures
Regulation for road ingress and egress, fire equipment
access, and adequate water supply.

Action SAF-2.7O
Expand and maintain the City’s network of public drinking fountains and water dispensers.

Action SAF-2.7P
Coordinate with local medical providers and Public Health Services of San Joaquin County to ensure low-cost medical and emergency medical services are available to all
residents in the city.

Action SAF-2.7Q
Work with San Joaquin County and the San Joaquin
County Mosquito and Vector Control District to monitor
the status of mosquitoes and agricultural and ecosystem pests and contribute resources to pest management
initiatives as feasible.

NOISE CAN DETRACT

FROM QUALITY OF LIFE
Noise can affect the way people live and work. Some types of noise are only short-term irritants, like the pounding of a jackhammer or the whine of a leaf blower. These mobile sources can generally be controlled through the City’s
noise ordinance, but fixed sources such as roads, the
railroad, and the airport instead require the City to ensure that land uses, especially "sensitive receptors" like homes and schools, do not bring people too close to noise unless noise reduction measures like thicker walls and windows are determined to be acceptable.

State law requires general plans to use the Community
Noise Equivalent Level (CNEL) or the Day/Night Average
Sound Level (Ldn) to describe the community noise
environment (in decibels, "dBA") and its effects on the population. The City of Stockton land use compatibility standards for noise are shown in Table 5-1, and the future 2040 roadway noise conditions are depicted graphically
on Figure 5-11.

POLICY SAF-2.8
Protect the community from health hazards and
annoyance associated with excessive noise levels.

Action SAF-2.8A
Prohibit new commercial, industrial, or other noisegenerating land uses adjacent to existing sensitive noise receptors such as residential uses, schools, health care facilities, libraries, and churches if noise levels are expected to exceed 70 dBA Community Noise Equivalent
(CNEL) (decibels on A-weighted scale CNEL) when
measured at the property line of the noise sensitive land use.

Action SAF-2.8B
Require projects that would locate noise sensitive land uses where the projected ambient noise level is greater than the "normally acceptable" noise level indicated on Table 5-1 to provide an acoustical analysis that shall:
■ Be the responsibility of the applicant;
■ Be prepared by a qualified person experienced in the
fields of environmental noise assessment and
architectural acoustics;
■ Include representative noise level measurements with
sufficient sampling periods and locations to
adequately describe local conditions;
■ Estimate existing and projected (20-year) noise levels in terms of Ldn/CNEL and compare the levels to the
adopted noise policies and actions in this General
Plan;
■ Recommend appropriate mitigation to achieve
compatibility with the adopted noise policies and
standards;
■ Where the noise source in question consists of
intermittent single events, address the effects of
maximum noise levels in sleeping rooms in terms of
possible sleep disturbance;
■ Estimate noise exposure after the prescribed
mitigation measures have been implemented;
Exhibit 2 - Updated Safety Element 1630
■ If the project does not comply with the adopted
standards and policies of this General Plan, provide
acoustical information for a statement of overriding
considerations for the project; and
■ Describe a post-project assessment program, which
could be used to evaluate the effectiveness of the
proposed mitigation measures.

Action SAF-2.8C
Require noise produced by commercial uses to not exceed 75 dB Ldn/CNEL at the nearest property line.

Action SAF-2.8D
Grant exceptions to the noise standards for commercial
and industrial uses only if a recorded noise easement is conveyed by the affected property owners.

Action SAF-2.8E
Require all new habitable structures to be set back from railroad tracks to protect residents from noise, vibration, and safety impacts.

Table 5-1 Maximum Allowable Noise Exposure by Land Use

LAND USE TYPE

NOISE LEVEL, LDN (DBA)
0-55 56-60 61-65 66-70 71-75 75-80 >81
Residential
Urban Residential Infill
Hotels, Motels
Schools, Libraries, Churches,
Hospitals, Extended Care Facilities
Auditoriums, Concert Halls,
Amphitheaters
Sports Arenas, Outdoor Spectator
Sports
Playgrounds, Neighborhood Parks
Golf Courses, Riding Stables, Water
Recreation, Cemeteries
Office Buildings, Business Commercial
and Professional
Mining, Industrial, Manufacturing,
Utilities, Agriculture
Normally Acceptable. Specified land use is satisfactory based on the assumption that any buildings involved are of normal, conventional construction, without any special noise insulation requirements.

Conditionally Acceptable. New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed insulation features have been included in the design.

Unacceptable. New construction or development should not be undertaken.

Notes: If existing noise standards are currently exceeded, a proposed project shall not incrementally increase noise levels by more than 3 dBA. Urban residential infill applies to residential uses in the Greater Downtown.

Exhibit 2 - Updated Safety Element 1631
Figure 5-11
2040 Roadway Noise Contours
Exhibit 2 - Updated Safety Element 1632

HAZARDOUS MATERIALS

NEED TO BE CONTROLLED
State and federal laws regulate the production, storage, handling, and disposal of hazardous materials and waste, including industrial wastes, pesticides, radioactive
substances, asbestos, and combustible fuels. Hazardous
materials commonly used in the home include garden
pesticides, waste oil, paint supplies, car batteries, and pool chemicals. Limited quantities of household hazardous
waste may be transported to and dropped off at a recycling center. State and federal rules require inventory and
reporting for businesses that store more than 55 gallons of hazardous liquids, 500 pounds of solids, or 200 cubic feet of compressed gases, including plans for incident
prevention and emergency response and evacuation.

Although hazardous materials are carefully regulated
today, past activities have left some contaminated sites in Stockton, as well as others where contamination is
suspected and investigation is underway. Contamination
has resulted from leaking underground storage tanks,
disposal of hazardous materials, and various past
industrial practices. The California Department of Toxic Substances Control oversees cleanup of such sites, but the potential for accidents and spills means that the City also must strive to reduce risks.

POLICY SAF-2.9
Minimize the risk to city residents and property
associated with the transport, distribution, use,
and storage of hazardous materials.

Action SAF-2.9A
Restrict transport of hazardous materials within the city to routes that have been designated for such transport.

Action SAF-2.9B
When appropriate, require new development to prepare a
hazardous materials inventory and/or prepare Phase I or Phase II hazardous materials studies, including any
required cleanup measures.

Action SAF-2.9C
Educate the public about the types of household
hazardous wastes and the proper methods for their
disposal.

Action SAF-2.9D
Restrict, to the extent feasible, development of new
hazardous waste storage facilities in mapped 100-year
flood hazard zones and areas subject to sea level rise in 2085 (see Figures 5-4 and 5-8).

Action SAF-2.9E
Work with existing handlers of hazardous materials and the Stockton Fire Department to reduce the risk of hazardous materials exposures in the event of flooding.

Exhibit 2 - Updated Safety Element 1633

EVERYONE HAS A RIGHT

TO CLEAN WATER
Access to safe water is a fundamental human need for both physical and social health. Maintaining clean water
supplies requires constant vigilance, significant
expenditures, and sometimes changes in behavior,
especially as the impacts of human activities become more pervasive.

Water supply, quality, and distribution are vital to
Stockton’s ability to serve its population now and in the future. Regulatory pressures, droughts, and saline intrusion affecting groundwater supplies have already strained the region’s water supplies. As a result, the City has focused attention on the availability of existing surface water supplies, and is cooperating with other agencies in the region to manage groundwater resources at a sustainable yield.

Meanwhile, water conservation and efficiency has become a normal way of life in and around Stockton. Increasing use of reclaimed (or "recycled") water can be an effective way to protect water supply. For example, simple
"graywater" systems can re-use water from bathroom sinks, showers, bathtubs, and washing machines to irrigate
landscaping. Stockton also is committed to protecting
water quality by ensuring adequate collection, treatment, and safe disposal of wastewater.

POLICY SAF-3.1
Secure long-term renewable contracts and
related agreements to ensure that surface water
rights will be available to meet projected
demand.

Action SAF-3.1A
Actively participate in appropriate forums designed to
discuss and solve regional water supply and quality issues.

POLICY SAF-3.2
Protect the availability of clean potable water
from groundwater sources.

Action SAF-3.2A
Continue to cooperate with San Joaquin County, Stockton East Water District, and CalWater to monitor groundwater withdrawals and ensure that they fall within the target yield for the drinking water aquifer.

Action SAF-3.2B
Require new development to employ low impact
development (LID) approaches, including:
■ Conserving natural areas and reducing
imperviousness
■ Runoff storage
■ Hydro-modification (to mimic pre-development
runoff volume and flow rate)
■ Reducing trash accumulation
■ Public education and outreach
POLICY SAF-3.3
Encourage use of recycled ("gray") water for
landscaping irrigation to reduce demand on
potable supplies.

GOAL SAF-3: CLEAN WATER
Sustain clean and adequate water supplies.

Exhibit 2 - Updated Safety Element 1634
Action SAF-3.3A
Require new development to install non-potable water
infrastructure for irrigation of large landscaped areas where feasible.

Action SAF-3.3B
Investigate and implement Code amendments to allow
installation of dual plumbing and/or rainwater capture
systems to enable use of recycled water and/or captured rainwater generated on-site.

POLICY SAF-3.4
Ensure adequate collection, treatment, and safe
disposal of wastewater.

Action SAF-3.4A
Require all new urban development to be served by an
adequate wastewater collection system to avoid possible contamination of groundwater from onsite wastewater
disposal systems.

Action SAF-3.4B
Conduct outreach and provide information to encourage
homeowners with septic tanks to abandon existing septic tanks and hook up to the City wastewater collection
system.

Action SAF-3.4C
Continue to discharge treated effluent to the Delta and reuse that water through the City’s California Water Code Section 1485 water right.

Exhibit 2 - Updated Safety Element 1635

AIR QUALITY IN THE VALLEY
HAS TO IMPROVE The San Joaquin Valley Air Basin is burdened by air pollution from a variety of industrial and vehicular sources.

Topographic and meteorological conditions unique to the area trap these particulates and generate high levels of unhealthy air in the region. The San Joaquin Valley Air Pollution Control District oversees plans and control
measures to address air pollution, primarily from stationary sources such as industry and power plants. The District also enforces rules and regulations to control air pollution and to assess potential air quality impacts of proposed land uses. The City of Stockton also plays an important role in helping to minimize air pollutant emissions, both through direct regulations on land use activities and through
policies and actions that help reduce the need to travel long distances and that promote alternatives to singleoccupant vehicular travel. Goals, policies, and actions that address air quality are highlighted with the
throughout the document.

POLICY SAF-4.1
Reduce air impacts from mobile and stationary
sources of air pollution.

Action SAF-4.1A
Require the construction and operation of new
development to implement best practices that reduce air pollutant emissions, including:
■ Use of low-emission and well-maintained
construction equipment, with idling time limits.
■ Development and implementation of a dust control
plan during construction.
■ Installation of electrical service connections at
loading docks, where appropriate.
■ Installation of Energy Star-certified appliances.
■ Entering into Voluntary Emissions Reduction
Agreements with the San Joaquin Valley Air Pollution
Control District.

Action SAF-4.1B
Use the results of the Health Risk Assessments required by the California Air Toxics "Hot Spots" Act to establish
appropriate land use buffer zones around any new sources of toxic air pollutants that pose substantial health risks.

Action SAF-4.1C
Require the use of electric-powered construction and
landscaping equipment as conditions of project approval when appropriate.

Action SAF-4.1D
Limit heavy-duty off-road equipment idling time to meet the California Air Resources Board’s idling regulations for on-road trucks.

POLICY SAF-4.2
Encourage major employers to participate in a
transportation demand management program
(TDM) that reduces vehicle trips through
approaches such as carpooling, vanpooling,
shuttles, car-sharing, bike-sharing, end-of-trip
facilities like showers and bicycle parking,
subscription bus service, transit subsidies,
preferential parking, and telecommuting.

GOAL SAF-4: CLEAN AIR
Improve local air quality.

Exhibit 2 - Updated Safety Element 1636
Action SAF-4.2A
Provide information and conduct marketing and outreach
to major existing and new employers about the
transportation demand management (TDM) program
facilitated by the San Joaquin Council of Governments.

POLICY SAF-4.3
Coordinate with the San Joaquin Valley Air
Pollution Control District and non-profit
organizations to promote public awareness on air
quality issues and consistency in air quality
impacts analyses.

Action SAF-4.3A
Distribute educational materials from the San Joaquin
Valley Air Pollution Control District on the City’s website and at its Permit Center.

Action SAF-4.3B
Coordinate review of development project applications
with the San Joaquin Valley Air Pollution Control District to ensure that air quality impacts are consistently identified and mitigated during CEQA review.

Policy SAF-4.4
Help the public prepare for and avoid the
negative impacts of poor air quality events.

Action SAF-4.4A
Develop and implement a plan to provide convenient,
equitable, accessible clean indoor refuges during times when outdoor air quality is deemed unhealthy.

Action SAF-4.4B
Work with local employers, service agencies, and health providers to distribute N95 masks during poor air quality events.

Action SAF-4.4C
Work with residents, community service providers, and
employers to improve residential and commercial indoor
ventilation systems, including identifying funding
assistance for low-income households to purchase air
purifiers, air conditioners, fans, or similar devices.

POLICY SAF-4.5
Reduce community GHG emissions.

Action SAF-4.5A
Maintain, implement, and regularly update the City of
Stockton Climate Action Plan (CAP) and update the CAP
to include the following:
■ Updated communitywide GHG emissions inventory;
■ 2030 and 2045 GHG emissions reduction targets,
consistent with SB 32 and AB 1279;
■ Estimated 2030 and 2045 GHG emissions reduction
benefits of State programs;
■ New and/or revised GHG reduction strategies that,
when quantified, achieve the 2030 and 2045
reduction targets and continue emission reductions
beyond 2045; and
■ New or updated implementation plan for the CAP.

POLICY SAF-4.6
Expand opportunities for recycling, re-use of
materials, and waste reduction.

Action SAF-4-6A
Use recycled materials and products for City projects and operations where economically feasible, and work with
recycling contractors to encourage businesses to use
recycled products in their manufacturing processes and
encourage consumers to purchase recycled products.

Action SAF-4-6B
Continue to require recycling in private and public
operations, including construction/ demolition debris.

Action SAF-4-6C
Expand educational and outreach efforts to promote
recycling by occupants of multi-family housing, businesses, and schools.

Exhibit 2 - Updated Safety Element 1637
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Exhibit 2 - Updated Safety Element 1638

RESOLUTION RECOMMENDING CITY COUNCIL
APPROVAL OF A GENERAL PLAN AMENDMENT:

Adopting the 2023-2031 Housing Element and
Changes to the Safety Element
City Council Meeting
July 9, 2024
Item 16.1
1639
Housing Element-Background
• One of the eight mandated elements of the General Plan • Must be updated every eight (8) years (“cycles”)
• Adoption Deadline: December 31, 2023
5
th Cycle Planning Period:

December 31, 2015 – December 31, 2023
6
th Cycle Planning Period:

December 31, 2023 – December 31, 2031
• Plan for accommodating the jurisdiction’s “fair share” of the regional housing need (“RHNA”)
• Many new laws impact this cycle, requiring new content Particularly AB 686: Affirmatively Furthering Fair
Housing (AFFH)
2 1640
Housing Element - Land Inventory
Surplus Total
Capacity
Proj.

ADUs
Vacant
Sites
Entitled
Projects Income Group RHNA
4,013 596 4,577 108 5,281 1,268
Lower Income
(<80% AMI)
2,572 353 2,932 54 3,339 767
Moderate
Income
(81-120% of
AMI)
6,088 13,643 718 18 14,379 8,291
Above
Moderate
Income
(>120% of AMI)
TOTAL 12,673 14,592 8,227 180 22,999 10,326
3 1641
Housing Element- Land Inventory
4 1642
Outreach/Meetings
2022
• 9/14/22: Land Inventory Public Workshop #1
• 10/19/22: Housing Element/Housing Action Plan
Kick-Off Meeting
2023
• 2/28/23: Land Inventory Public Workshop #2
• 4/10/23: Housing Element Public Workshop #2
• 4/27/23: Planning Commission Housing Element
Study Session
• June 2023 to April 2024- Public Draft Reviews (5)
2024
• 6/13/24: Planning Commission Housing and
Safety Element Recommendation to Council
5 1643
Public Feedback Received
• Inadequate Infrastructure and need for
remediation
• Streamline reviews, costs, and developer
stagnancy
• Increased construction and purchase costs
• Environmental justice and equity
• Variety of housing types and income ranges
• Expand housing services and resources
• Balancing growth with displacement
protections
6 1644
Housing Element - Contents
• Policy Document
• Introduction
• Housing Needs Assessment
• Assessment of Affirmatively
Furthering Fair Housing (AFFH)
• Housing Sites Inventory
• Housing Programs and
Financial Resources
• Potential Housing Constraints
• Evaluation of Previous Housing
Element Programs
• Appendix A: Sites List and Maps
• Appendix B: Public Outreach
Summary
7 1645
Housing Element - Policy
Policies and Programs for:
• Maintaining land inventory and marketing sites
• AFFH housing sites and supportive services
• Program timeframes and quantified objectives
• Programs targeting non-residential land development,
large and small sites, and government-owned
properties
• Equitable Housing and Resources
• Align policies with current homeless actions
• Commitment to the Action Plans and Zoning Updates
• Explore best practices for various topics (rent
stabilization, just-cause evictions, rental practices)
8 1646
Affirmatively Furthering
Fair Housing (AFFH)
• Completed regional analysis
• Added potential AFFH housing sites
• Updated information about support
services, resources, and education facilities
• Added information about trends related to
the unhoused in the city and demographic
changes
• Updated contributing factors table as
programs in the policy document were
updated
9 1647
Housing Element – Constraints
• Development standards and process
analysis
• Added information regarding on-/off-site
improvement requirements
• Updated fee information
• Updated analysis regarding emergency
shelter zoning
• Analysis reflected internal process audit
findings (Dev Stat Team)
10 1648
Prepare
Admin.

Draft
Release
Public
Review
Draft
Submit
the Public
Review
Draft to
HCD
HCD
Sends a
‘Findings
Letter’
Resubmit
the Public
Review
Draft to
HCD (2)
HCD Sends
‘Conditional
Compliance’
letter
City
Adopts
Housing
Element
Submit to
HCD for
Certification
Housing Element Certification Process
11 Tonight
* Repeat this step until conditional certification from HCD is achieved Public
Reviews
(5)
7-Days
1649
Housing Element- Monitoring
• Implementation relies on Action Plans
and Development Code Update
• Annual Reports are required each April
• Housing Element Certification to include
HCD preference on priority programs for
implementation
12 1650
Safety Element Update
• Required with the Housing Element
• Does not require State approval
• Added details on public safety issues,
community warning systems, flooding,
extreme heat, and drought
• Revised policies to reflect current
community issues, updated science, and
State requirements
• Updated evacuation and hazard maps
13 1651
Safety Element- Map Updates
14 2035: Flood Hazards Evacuation Route Update
1652
Conclusion
• Required by State Law
• Certification needed to receive funding
• Preempts litigation
• Internally consistent with all existing and
proposed policies and efforts
• Ongoing monitoring of implementation
• No environmental impact (consistent
with the General Plan)
• Planning Commission recommends
approval
• HCD has indicated compliance
15 1653
Recommendation
Staff Recommends that the City Council adopt
a Resolution:
1)Finding no further environmental review is
required per CEQA Section 15183
(Consistency with General Plan and
Community Plan); and
2)Adopt the 2023-2031 Housing Element with
associated changes to the Safety Element
Update
16 1654
City of Stockton
Legislation Text
File #: 24-0486, Version: 1
ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE, SECTION 16.80.390 RELATED TO INDUSTRIAL WAREHOUSE STANDARDS

RECOMMENDATION
It is recommended that the City Council:

1. Find the proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan); and

2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC), Chapter 16.80 Standards for Specific Land Uses, Section 16.80.390 Industrial Warehouse Standards, to include certain modifications.

Summary
On December 12, 2023, the Stockton City Council considered and adopted a new industrial warehouse ordinance to establish development standards, in compliance with separate settlement agreements between the City and the State Attorney General’s Office (AG) and Sierra Club. As a part of Council’s approval, staff was directed to evaluate and determine the feasibility of additional modifications related to size and applicability and additional requested changes from Stockton Environmental Justice advocates. Staff was to return to Council with a subsequent potential amendment to the industrial warehouse ordinance, following additional public outreach, and Planning Commission review and recommendation for Council’s consideration no later than the first Council meeting in July 2024.

The requested modifications to development standards include consideration of:

1. Increasing the minimum applicable 100,000 square foot warehouse size to 400,000 square foot and greater.

2. Applicability of warehouse standards on future development projects that include annexation versus projects developing within the existing City Limits.

3. Adjustments to minimum setback standards when adjacent to sensitive receptors.

4. Clarification of qualified installers for solar systems.

5. Adjustments to electric truck charging infrastructure requirements.

6. Adjustments to electric automobile charging infrastructure requirements.

Early this year, staff-initiated exploration of the six requested modifications summarized above. This entailed conducting research, gathering information on industry standards, meeting with City of Stockton Page 1 of 5 Printed on 7/3/2024
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stakeholders, conducting public outreach, and hosting a public workshop on March 6, 2024, to solicit public feedback. On March 28, 2024, during the regularly scheduled Planning Commission meeting, a public informational work session was held where the Planning Commission, City staff, interested stakeholders, and general public discussed and worked through the six potential modifications. At the conclusion, staff received direction from the Planning Commission, based on their consensus, for preparing an amendment.

On May 9th, the Planning Commission held a public hearing to consider an amendment to the Industrial Warehouse Ordinance. The Planning Commission unanimously approved (6-0 vote) a recommendation to City Council to amend the Title 16 Ordinance via modifications to four of the six industrial warehouse development standards that were under consideration.

DISCUSSION
Background
On December 12, 2023, the City Council adopted the Option C Ordinance (Attachment A - Approved Ordinance 2023-12-12-1602) that became effective on January 11, 2024. Based on public comments received during the public hearing, Council directed staff to explore potential modifications to six development standards that may require amending the newly adopted ordinance (Attachment B - Public Comments). Council’s direction to staff was to perform additional public outreach and prepare feasibility analysis on the six modifications under consideration and return back to Council with a proposed amendment no later than the first council meeting in July 2024.

Early this year, staff initiated the preparation of potential modifications to the adopted industrial warehouse ordinance. This entailed conducting research, gathering information on available industry standards, seeking public input, and meeting with interested stakeholders. In addition to required noticing, E-mail notices were sent to all residents and stakeholders that have shown interest in the amendment in advance of the public workshop and informational work session.

On March 6, 2024, the City hosted a public workshop on the requested modifications to the recently adopted Warehouse Ordinance at the Robert J. Cabral Agricultural Center from 5 p.m. to 7 p.m. At the request of a stakeholder, staff provided 250 copies of the meeting flyer written in both English and Spanish for stakeholder distribution to encourage participation in advance of the meeting. The workshop was attended by 30 members of the public, and approximately 20 attending virtually via Teams. At the meeting, staff described the six requested modifications and responded to comments and questions raised by all attendees. Attachment C includes the workshop presentation that provides an overview of the six modifications and considerations for evaluation along with meeting notes and comments received.

On March 28, 2024, a Planning Commission informational work session was held to obtain feedback from the Planning Commission, interested stakeholders, and general public regarding the requested modifications to the existing ordinance. Staff presented the six requested modifications and public comments were received, most notably related to the required setback area, warehouse size applicability, and ordinance applicability. At the conclusion of the session, the consensus of the Commission was for staff to prepare an Ordinance including four of the six modifications for their consideration at an upcoming meeting.

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Present Situation
On May 9, 2024, the Planning Commission held a public hearing to consider the proposed ordinance amendment. Three individuals made in-person comments and two written comments were received.

Following, the Planning Commission approved a resolution recommending the City Council approve four changes to the existing logistic warehouse ordinance, which are summarized below and reflected in Attachment D - Redline/Strikeout Ordinance. · Increase Ordinance applicability of warehouse size from 100,000 to 400,000 square feet. · Ordinance shall not apply to any new warehouse building constructed on property that was incorporated into the City of Stockton prior to December 31, 2023. · Clarify site design elements that may be included within the minimum 300-foot setback area. · Addition of light-heavy duty (LHD) and medium-heavy duty (MHD) trucks to installation requirements for future electric charging stations.

STAFF ANALYSIS
Based on the proposed Ordinance recommended by the Planning Commission, staff provides the following analysis for Council’s consideration:

Development Code Amendment
In accordance with the Findings of Fact (SMC 16.116.050.B) the proposed ordinance amendment complies with the City’s mandatory findings for approval. This includes compliance with General Plan policies to provide enhanced development measures to mitigate potential environmental impacts from future projects and encourage orderly growth within the City’s areas designated for industrial use. Also, the proposed ordinance amendment is internally consistent with all policy and supportive regulatory documents and will not be detrimental to the public interest, health, safety, convenience, or welfare, and will not result in a physical change in the environment. This includes the following policies:
· Policy TR-3.2 Requires new development and transportation projects to reduce travel demand and greenhouse gas emission, support electric vehicle charging, and accommodate multipassenger autonomous vehicle travel as much as feasible. · Policy SAF-4.1 Reduces air impacts from mobile and stationary sources of air pollution. · Policy CH-2.3 Focuses on reducing the unique compounded environmental impacts and risks in disadvantaged communities.
· Policy SAF-2.5 Protects the community from health hazards and annoyance associated with excessive levels.

A feasibility analysis was conducted for the proposed amendments using the same methodology as the one used for the original Industrial Warehouse Ordinance adoption. The feasibility analysis was prepared by the City with the assistance of an outside consultant, PlaceWorks, who was independently hired by the City. The analysis considered all six modifications and concluded that many of the proposed changes are already required by California building codes or current City regulations, such as solar installation and EV parking for trucks and automobiles. The restriction of site design elements and uses in the required 300-foot setback area is expected to increase costs City of Stockton Page 3 of 5 Printed on 7/3/2024
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significantly for applicants and could affect smaller facilities that have limited space for internal truck movement within 300 feet of the project site. However, proposed modifications for annexation and size applicability are expected to reduce potential cost increases for the development community as current projects and smaller facilities (less than 400,000 square feet) would not be subject to the objective warehouse standards. See Attachment E - Feasibility Analysis.

Environmental Analysis
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 (“Common Sense Exception”) 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 for logistic warehouse construction and operation. 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 (GP EIR) 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 for logistic warehouse construction and operation. 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 consistency with Federal, State, General Plan, zoning, and developmental laws and 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 GP EIR. Therefore, no additional environmental review is required per CEQA Guidelines Section 15183 (Consistency with General Plan or Community Plan).

Public Notice
Notice for the City Council public hearing for this request was published in The Record on June 28, 2024. An e-mail notice was sent to all residents and stakeholders that have shown interest in the amendment at least ten days before the hearing. As of the publication of this report, no written comments have been received.

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FINANCIAL SUMMARY
The requested action to amend the Stockton Municipal Code Title 16 (Development Code) will have no immediate financial impact.

Attachment A - Approved Ordinance 2023-12-12-1602
Attachment B - Public Comments
Attachment C - Workshop Materials (March 6, 2024)
Attachment D - Proposed Ordinance (Redline/Strikeout)
Attachment E - Ordinance Feasibility Analysis
Attachment F - Approved Planning Commission Resolution
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ORDINANCE NO. 2023-12-12-1602
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.

1. 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.

2. 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.

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.

For Section 15061(b)(3) Exemption (General Rule "Common Sense'? ATTACHMENT A- Approved Warehouse Ordinance 1660
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).

4. 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
ATTACHMENT A- Approved Warehouse Ordinance 1661
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).

A. Applicability. The standards will apply to the following applications:

1. These standards shall apply to logistics warehouses 1 oojooo square feet in size or greater. Logistics Warehouses are considered facilities used for the storage of farm products, furniture, household goods, or other commercial goods for distribution to wholesalers and/or retailers, including cold storage.

B. Development Standards.

1. 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.
a. Unless determined to be physically impossible, when adjacent to sensitive receptors, a loading dock door shall be oriented away from the sensitive receptor and located a distance of 300- feet from said receptor, unless the dock doors are utilized by zero emission trucks and equipment only. The building and auto parking can be located within the 300-foot distance. 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.
b. A 20-foot landscaped planter (buffer) shall be installed along the property line adjacent to a sensitive receptor.
c. The buffer shall be landscaped and not be less than 50 percent 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. d. 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).
e. 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.

ATTACHMENT A- Approved Warehouse Ordinance 1662
f. All on and off-site landscaping shall comply with SMC Chapter

I. Provide EV charging stations for automobiles per building code and provide conduit to a future designated area for Heavy Duty Turck Charging Facility.
m. 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. n. 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 (ST AA) Truck Route Map.
o. 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. p. 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.
q. 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.
r. Upon commencement of operations, the tenanUoperator of the facility shall be required to restrict truck idling on site to a ATTACHMENT A- Approved Warehouse Ordinance 1663
maximum of three (3) minutes, subject to exceptions defined by CARB's commercial vehicle idling requirements.

2. 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.
a. 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. b. 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.
c. Qualifying facilities shall be constructed in compliance with the most current edition of all adopted City building codes, including the adopted Green Building Standards Code. Prior to the issuance of building permits, the applicant/developer of the qualifying facility(ies) shall demonstrate (e.g., provide building plans) that the proposed buildings are designed and will be built. d. Each developer of an individual specific development proposal shall prepare the subject building structures in such a way to accommodate future solar panels pursuant to applicable Building Code requirements.
e. The building permit application for qualifying facilities must demonstrate that sufficient power will be provided from clean energy sources for the operational base power use at the start of operations. Developers shall have the following options, or any combination of options, for procuring clean energy to meet operational base power needs for new building structures.

Options may include 1) installing solar panels on the subject building or building site, and/or 2) procuring 100% clean energy from AVA Community Energy, and/or 3) participating in
California's Community Solar Program.
f. 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 ATTACHMENT A- Approved Warehouse Ordinance 1664
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 nonexhaustive examples, loads for specialized equipment, nonstandard automation or material handling systems, and chargers for heavy-duty trucks.
g. The office portion of a building's rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78.
h. Electrical Room Sizing. To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.
i. Warehouse Dock Seal Doors. Exterior loading dock doors that are adjacent to conditioned or indirectly conditioned spaces shall have dock seals or dock shelters installed at the time of permitting.
j
. Onsite Equipment Infrastructure. Project should provide infrastructure to support charging of electric power onsite equipment.
k. 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.

I. Tenant/Operator of the qualifying facility(ies) shall enroll 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.

ATTACHMENT A- Approved Warehouse Ordinance 1665
c. 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.
d. Temporary electrical hookups to all construction yards and associated work areas shall be required.
e. 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 callline for those interested in filing a complaint. Any complaints made to the facility operator's designee shall be answered within 72 hours of receipt.
f. 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.
g. 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.
h. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.

C. On-Going Operations: The following standards shall be implemented during all on-going business.

1. 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.

2. 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.

3. Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.

4. 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.

5. All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.

ATTACHMENT A- Approved Warehouse Ordinance 1666

6. 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.

7. Truck queuing, idling, or circling of vehicles, on public streets adjacent to the facility is prohibited.

8. Periodic yard and parking area sweeping shall be provided to minimize dust generation.

9. 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 Ill. 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: h°lPXYl�Y \2-,26?3
ELIZA R. GARZA, C,v,\.:7'=�
City Clerk of the City of Stockton
ATTACHMENT A- Approved Warehouse Ordinance 1667

ATTACHMENT B
1668

ATTACHMENT B
1669

ATTACHMENT B
1670

ATTACHMENT B
1671

ATTACHMENT B
1672

ATTACHMENT B
1673

ATTACHMENT B
1674

ATTACHMENT B
1675

ATTACHMENT B
adjacent sensitive
receptors within the
required setback area
• 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.

Justjficatjon· Measure #11 of the
Option C contains an exception to
the dock door setback for being
physically impossible. The
similar updated provision in the
Fontana ordinance contains no
physical exception. Refer to their
planning commission resolution.

Option C for the setbacks states:
"Loading Dock Setback: Unless
determined to be physically
infeasible, 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." The City of Fontana
has actually recognized that it is
physically and feasibly possible to
provide setbacks away from
sensitive receptors.
1676
13 ATTACHMENT B
• All buildings shall be constructed
with Solar Power and Energy
Systems large enough to
accommodate the building and
operation's base power use
demand at the start of operation
and as the base power demand
increases to accommodate an
electric fleet.
• The energy storage systems shall
have enough battery capacity to
serve the photovoltaic system in the
event of a blackout.
• All facilities shall be designed to
accommodate enough space for all
solar panels and batteries.
• The solar system installation should
be done by owners, operators,
tenants, or a qualified solar system
contractor. Operation should begin
after receiving permission from the
utility. The owner is responsible for
maintaining the system at 80% of
rated power for 20 years. After 20
years, install a new system or
maintain the existing one for the life
of the facility.
• 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, applicants 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, East Bay Community Energy
(EBCE).
• 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. 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.
specific development proposal shall
prepare the subject building structures
in such a way to accommodate future
solar panels pursuant to applicable
Building Code requirements.
• The building permit application for
qualifying facilities must demonstrate
that sufficient power will be provided
from clean energy sources for the
operational base power use at the
start of operations. Developers shall
have the following options, or any
combination of options, for procuring
clean energy to meet operational base
power needs for new building
structures. Options may include 1)
installing solar panels on the subject
building or building site, and/or 2)
procuring 100% clean energy from
AVA Community Energy, and/or 3)
participating in California's Community
Solar Program.
• 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
following amendments with
underlined change. Crossed
out corresponds to deleted
amendments in Option C.
• Each developer of an
individual specific
development proposal
shall prepare the subject
building structures in such
a way to accommodate
future solar panels
pursuant to applicable
Building Code
requirements.
• The building permit
application for qualifying
facilities must
demonstrate that sufficient
power will be provided
from clean energy
sources for the
operational base power
use at the start of
operations. Developers
shall have the following
options, or any
combination of options, for
procuring clean energy to
meet operational base
power needs for new
building structures.

ATTACHMENT B
1678

ATTACHMENT B
Electric Vehicle (EV) fleets in accordance Infrastructure for Trucks: provide conduits to with the following: provide EVCS to meet future needs. Conduit should be • Heavy-Duty Trucks: all heavy-duty provided on the site to serve 50% of the number of trucks (Class 7 and 8) domiciled on truck docking stations. Location of conduit is at site are model year 2014 or later discretion of the developer (e.g., truck trailer parking from start of operations and shall spaces or docking stations). expedite a transition to
zero-emission vehicles, with the
fleet fully zero-emission by
December 31, 2025, or when
commercially available for the
intended application, whichever
date is later.
• Medium-Duty Vehicles:
vehicles/delivery vans/trucks (Class
2 through 6) on-site shall apply: (i)
33% of the fleet will be
zero-emission vehicles at the start
of operations, (ii) 65% of the fleet
will be zero-emission vehicles by
December 31, 2023, (iii) 80% of the
fleet will be zero-emission vehicles
by December 31, 2025, and (iv)
100% of the fleet will be
zero-emission vehicles by
December 31, 2027.
• "Domiciled on-site": applies to
vehicles parked or kept overnight at
the qualifying facility(ies) more than
70% of the calendar year or
dedicated to the qualifying
facility(ies) site (defined as more
than 70% of the truck routes during
the calendar year that start at the
qualifying facility(ies) site even if
parked or kept elsewhere). The
tenant/operator of the qualifying
facility(ies) shall not be responsible
to meet "clean fleet" requirements
for vehicles used by common
carriers operating under their own
authority that provide delivery
services to or from the qualifying
facility(ies) site.
• Zero emission vehicles that require
maintenance can be temporarily
replaced with alternative vehicles.
vehicle charging stations for heavy-heavy
duty (HHD) trucks, in connection with each
individual development proposal, the subject
building improvement plans shall identify an
area for future HHD truck charging stations,
and the subject developer shall install conduit
from the power source to the identified area.
following amendments with
underlined change. Crossed
out corresponds to deleted
amendments in Option C.
•
•
To facilitate the installation
of future electric vehicle
charging stations for
light-haa� du� (LHD)
medium-hea� du�
(MHD}, and heavy-heavy
duty (HHD) trucks, in
connection with each
individual development
proposal, the subject
building improvement
plans shall identify an
area for future LHD MHD
HHD truck charging
stations, and the subject
developer shall install
conduit from the power
source to the identified
area.

Electric Vehicle Qhargers
Stations (EVCS)
lnfrastrugura fgr Trui:;ks:
i:irovide conduits to
cra�ida E;JLCS :tc meat
fut1.11:a □aads Qgaduit
should be i:irovided on the
site :tc sat:lal fill0tq gf tba
number of truck docking
stations. Location of
'-Q□duit is at disi:.ratic□ cf
the davalggar (e.g. trui:;k
trailer i:iarking si:iaces or
dgclsiag s:tatic□sl
Justification: If Option C is using
"Heavy-Heavy Duty" (HHD) truck
language in this, then for
consistency purposes, they must
include light-heavy duty (LHD)
1679

ATTACHMENT B
• If an EV fleet is not commercially
viable, documentation from a
minimum of three (3) EV dealers
identified on the californiahvip.org
website must be submitted prior to
issuance of a building permit for the
new building demonstrating the
inability to obtain the required EVs
or equipment needed within 6
months.
• If a qualifying facility fails to meet
the "clean fleet" requirement, the
tenant/operator must implement a
Voluntary Emissions Reduction
Agreement (VERA) that mitigates
emissions through emission
reduction projects. The Air District
will verify the mitigation effort. The
tenant/operator must continue to
fund the VERA until fully compliant
with the clean fleet requirements.
15 Electric charging facilities shall be Electric charging facilities shall provided onsite sufficient to charge all be provided onsite sufficient to automobiles, and electric trucks domiciled charge all electric automobiles on the site. and electric trucks domiciled on
the site unless otherwise
prescribed in Section 16.80.390.

Provide EV charging stations for
automobiles per building code
and provide a conduit to a future
designated area for Heavy Duty
Truck Charging Facility.
all heavy duty trucks being given
future electric charging stations.

Not every distribution facility is
going to primarily have
heavy-heavy duty trucks because
they also include light-heavy duty
that handle deliveries within the
region. Below is a screenshot
from CARB and their
classifications of heavy duty
trucks.

CARB's information on HHD:
htti;is://ww2.arb.ca.gov/sites/defa
ult/filesl2022-QSLCad MO¥flC eco
gram Chai;iter 4 !.!i;idated 0407

22.i;idf
Add to Option C Ordinance the
following amendments with
underlined change. Crossed
out corresponds to deleted
amendments in Option C.
• Provide EV charging
stations for automobiles
per building code and
provide conduit to a future
designated area for Heavy
Duty Truck Charging
Facility.
• At least 10% of all
casse□gec llebii;;le caclsi□g
si;iaces shall be electric
vehicle (EV) readt with all
□��ssai:¥ i;;gaduil a□d
related ai;ii;iurtenances
i□stalled At least 5
°
/q of all
1680

ATTACHMENT B
1681

ATTACHMENT B
1682
March 6, 2024 - 5:00 to 7:00 p.m.

LET'S GROW WITH US
Review & discuss alternative amendments
Potential modifications will be presented to
City Council for consideration by July 2024
Robert J. Cabral Agricultural Center
2101 E. Earhart Ave, Assembly Room 2
Stockton, CA 95206
www.stocktonca.gov/ZoningUpdate
Contact:

Community Development Department
Matt Diaz, Advanced Planning Manager
345 N. El Dorado Street, Stockton, CA 95202
(209) 937-8598 - or - [email protected]
For a link and log-in
information to attend
online, use the QR code
or visit the website:

ATTACHMENT C
1683
6 demarzo de 2024 - 5:00 a 7:00 p.m.

LET'S GROW WITH US
Revisar y discutir enmiendas alternativas
Posibles modificaciones se presentarán al
Ayuntamiento para su consideración antes de
julio de 2024
Robert J. Cabral Agricultural Center
2101 E. Earhart Ave, Assembly Room 2
Stockton, CA 95206
www.stocktonca.gov/ZoningUpdate
Contacto:

Matt Diaz, Gerente de Planificación Avanzada
Departamento de Desarrollo Comunitario
345 N. El Dorado Street, Stockton, CA 95202
(209) 937-8598 - o - [email protected]
Para obtener un enlace
e información de inicio
de sesión para asistir en
línea, utilice el código
QR o visite el sitio web:

ATTACHMENT C
1684
Public Workshop
ZONING CODE AMENDMENT:

Modifications to Industrial Warehouse Standards
March 6, 2024
5:00 – 7:00 PM
Robert J. Cabral Agricultural Center
2101 E. Earhart Avenue,
Stockton, California 95206
ATTACHMENT C 1685
City Staff
Moderator: Stephanie Ocasio (CDD Director)
Presenter: Matt Diaz (Planning Manager)
Support:

Mike McDowell (Assistant Director)
John Schweigerdt (Building Official)
Secretary: Anson Lihosit (Senior Planner)
Teams: Adriana Guerrero (Executive Assistant)
ATTACHMENT C 1686
Tonight’s Schedule
5:00 – 5:15 PM • Introduction & Background
5:15 – 5:30 PM • Solar Installation
5:30 – 5:45 PM • Truck Charging
5:45 – 6:00 PM • Automobile Charging
6:00 – 6:15 PM • Setback Restrictions
6:15 – 6:30 PM • Increase Minimum Size
6:30 – 6:45 PM • Ordinance Applicability
6:45 – 7:00 PM • Q/A
7:00 PM • End of Workshop
ATTACHMENT C 1687
Workshop Structure
• In order to cover all 6 modifications within the 2-hour block, each will be given a 15-minute session.
• Should a session need less time, that time can be added to another session.
• Each topic will begin with a brief 5-minute summary, followed by a 10-minute open dialogue
• In-Person: Please raise your hands for questions/comments • Teams: Please submit your comments via the Chat feature – Public comments from Teams attendees will be read out loud and responded to by staff.
– The Teams meeting will be recorded.
• Should session time run out, please submit your comment via note card (in-person) or chat (Teams). Staff will follow-up with you. • Additional comments can be made via note cards, on display boards, or contacting staff directly at: [email protected] ATTACHMENT C 1688
Ground Rules
• Be civil and respectful towards all commentors and attendees. • Do not interrupt others while they're speaking
• To ensure time for the 6 modifications, off-topic questions and comments cannot be discussed during the workshop. Please submit those in writing to the "Parking Lot basket". Staff will follow up with you. • Commentors/Attendees shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Workshop.
• Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Workshop shall, at the discretion of staff, be asked to leave.

ATTACHMENT C 1689
Background
• In 2022, the City agreed to present new
industrial warehouse ordinance to the City
Council for consideration by 12/31/23.
• Over 20 meetings and numerous
communications from August - October '23:
– Planning Commission Ad-Hoc Committee
– Environmental and Industry Advisors
– Meeting with Residents and Citizens
– Attorney General's Office
– Other Cities with Warehouse Ordinances
– Environmental and Climate Professionals
– Industry Experts (project review)
ATTACHMENT C 1690
Background (con’t)
Tonight’s workshop is to solicit feedback on the six modifications.

Modification analysis must be brought back to Council by July 9th.

Following adoption, based on public comments received, the Council directed staff to explore six (6) modifications to the adopted ordinance.

The City Council considered 3 ordinance options and adopted an ordinance (Option C) on 12/12/23 (effective January 11, 2024).

ATTACHMENT C 1691
Public Comment Source
Clarification for solar installation. Stockton Environmental Justice Advocates (EJA)
Adjustments to truck charging requirements. Stockton Environmental Justice Advocates
Adjustments to
automobile charging requirements.

Stockton Environmental
Justice Advocates
Adjustments to setback standards. Stockton Environmental Justice Advocates
Change the Ordinance to apply to warehouses
400,000 square feet and greater instead
of 100,000 square feet and greater.

Chamber of
Commerce / San
Joaquin Partnership
Change Ordinance to apply to annexation
projects submitted after December 31, 2023.

Holman Investors,
LLC
AWorkshop Materials
Six Potential Modifications
ATTACHMENT C 1692
Solar Installation
Origin: Proposed by EJA
Proposed Modification(s):
“The solar system installation should be done by owners, operators, tenants, or a qualified solar system contractor.” Considerations:

Current processes and standards already require this for entitlements and construction (Building) permit approval.

Possible inclusion in Code for clarification.

ATTACHMENT C 1693
Truck Charging
Origin: Proposed by EJA
Proposed Modification(s): Facilitate future charging stations by expanding the current electric vehicle charging station infrastructure requirement to include light-heavy duty (LHD) and medium-heavy duty (MHD) in addition to heavy-heavy duty (HHD) trucks.

Conduit should be provided on the site to serve 50% of the number of truck docking stations. Location of conduit is at discretion of the developer (e.g., truck trailer parking spaces or docking stations.

ATTACHMENT C 1694
Truck Charging (con’t)
Considerations:

Potential to increase future EV charging stations and EV-ready facilities.

Potential added cost for additional spaces.

CALGreen Code currently has EV infrastructure requirements for medium-duty and heavy-duty trucks for warehouse uses.

In addition to the conduit requirements, CALGreen requires upsizing of the electrical service and designated areas for future electrical equipment.

ATTACHMENT C 1695
Automobile Charging
Origin: Proposed by EJA
Proposed Modification(s):
• At least 10% of all passenger vehicle parking spaces
shall be electric vehicle (EV) ready.
• At least 5% of all passenger vehicle parking spaces
shall be equipped with working Level 2 Quick charge
EV charging stations.
• Signage shall be installed indicating EV charging
stations and specifying that spaces are reserved for
clean air/EV vehicles.

ATTACHMENT C 1696
Automobile Charging
Considerations:
• Amendment requests 10% EV ready parking spaces
CALGreen Code currently requires between 16%-40% EV ready spaces
• Amendment requests 5% EV equipped parking spaces
CALGreen Code currently requires between 4%-7% EV equipped spaces
• Amendment includes a maintenance requirement for the EV charging stations
CALGreen Code does not include a maintenance provision related to EVs
• Potential requirement of additional EV charging spaces in limited situations.
• Added cost for additional spaces.

ATTACHMENT C 1697
Automobile Charging
Total Number Of
Actual Parking
Spaces
Number Of
Required EV
Capable
Spaces
% of EV
Capable
Required by
CALGreen
Number Of EVCS
(EV Capable
Spaces Provided
With EVSE)
% of EV Equipped
Required by
CALGreen
0–9 0 0% 0 0%
10-25 4 16%-40% 0 0%
26–50 8 16%-30% 2 4%-7%
51–75 13 17%-25% 3 4%-6%
76–100 17 17%-22% 4 4%-5%
101–150 25 16%-25% 6 4%-6%
151–200 35 17%-23% 9 4.5%-6%
201 and over 20 percent of
total 20% 25 percent of EV capable spaces ~5%
CALGreen Table 5.106.5.3.1 (% columns added)
ATTACHMENT C 1698
Setback Restrictions
Origin: Proposed by EJA
Proposed Modification(s):
• Add a building setback requirement of 2:1 setback-toheight ratio • Prohibit any truck (EV or fuel) movement/access within a 300-foot buffer adjacent to sensitive receptors.
• Remove two adopted exceptions pertaining to physical
limitations and zero emission vehicles
ATTACHMENT C 1699
Considerations:
• Impacts to project site design via restrictions to
building placement, parking and access location
options, and what could be located within the
300-foot buffer.
• Would significantly impact site design for
smaller projects and require additional land
area.
• Accelerated annexation requests and resulting
premature conversion of agriculture lands.

Setback Restrictions (con’t)
ATTACHMENT C 1700
GP Industrial Areas (Blue)
ATTACHMENT C 1701
Warehouse Sizes & Required
Land*
➔
Logistic
Warehouse
Size &
Acreage
Needed
* Based on adopted Ordinance language
ATTACHMENT C 1702
Setback Project Example
ATTACHMENT C 1703
Setback Project Example
ATTACHMENT C 1704
Vacant
Industrial
Parcels
Larger than

5.5-acres
(Required for
100,000+sf
development)
ATTACHMENT C 1705
Areas not subject to
300ft buffer
Setback/Buffer Example #1
ATTACHMENT C 1706
Areas not subject to
300ft buffer
Setback/Buffer Example #2
ATTACHMENT C 1707
Setback/Buffer Example #3
Purple= Industrial Designated Land
Hatch= 300 ft Buffer
Stars= Receptor Location
Areas not subject to
300 ft buffers
ATTACHMENT C 1708
Increased Size
Origin: Chamber of Commerce / San Joaquin
Partnership
Proposed Modification: Increase the applicable
minimal size requirement from the adopted
100,000 square feet to 400,000 square feet in
size or greater.

ATTACHMENT C 1709
Increased Size (con’t)
Considerations:
• Smaller facilities (100,000 to 399,999 sqft) would not be subject to the warehouse standards.
• Over the last 7 years, the typical logistics warehouse project measured approximately 420,000 sf
• The last 10 entitled logistics projects measured an average total size range of 700,000sqft to 1,000,000 sf
• Since 2016, 37 building permits have been approved for new warehouses 100,000 sf or greater (average size ±420,000 sqft) • The size required aligns with other City examples provided by the Attorney General’s Office (i.e., Fontana)
• It is anticipated the increase would lessen the impact on smaller facilities and owners (i.e., non-fortune 500 companies). • Minimum lot sizes for new facilities are anticipated to increase from 5.5 acres to 21 acres based on typical lot size needed for facilities of 100,000 and 400,000 square feet in size.

ATTACHMENT C 1710
Annexation Applicability
Origin: Holman Investors, LLC
Proposed Modification(s):

Adopted Warehouse Ordinance standards shall not apply to any new building constructed on property located within the existing City of Stockton City Limits prior to December 31, 2023.

Considerations:
• The standards would only apply to qualifying industrial projects annexed after December 31, 2023.
• Entitled projects that were located within the City Limits prior to December 31, 2023 would be exempt from adopted Warehouse standards under this modification.

ATTACHMENT C 1711
Annexation Applicability
Considerations:
• Standards would only apply to future annexation projects. • Unclear if the request would apply to annexations under the minimum size requirement or annexations approved
but later amended to allow industrial uses.
• Current code already discusses project applicability and “vested” rights of applications when a new standard is
adopted.
• Seems more a policy-driven request on how the City
wishes to utilize the new warehouse standards, than an
additional means to lock in development rights.

ATTACHMENT C 1712
Vacant
Industrial
Parcels
Outside of
City Limits
Larger than 5.5-acres
ATTACHMENT C 1713
Next Steps

CONTINUE

OUTREACH

PLANNING

COMMISSION

INFORMATIONAL

DISCUSSION ON
MARCH 28TH

FINALIZE

ANALYSIS OF

MODIFICATIONS

TENTATIVE

PLANNING

COMMISSION

CONSIDERATION
IN MAY 2024
CITY

COUNCIL BY
JULY 2024
ATTACHMENT C 1714
QUESTIONS?
Contact:

Community Development Department
Matt Diaz, Advanced Planning Manager
345 N. El Dorado Street, Stockton, CA 95202
(209) 937-8598 - or - [email protected]
For a link and log-in information to attend online, use the QR code or visit the website:

ATTACHMENT C 1715
Taller público
ENMIENDA DEL CÓDIGO DE ZONAS:

Modificaciones a los Estándares de Almacenes
Industriales
6 de marzo de 2024
5:00 – 7:00 PM
Robert J. Cabral Agricultural Center
2101 E. Earhart Avenue,
Stockton, California 95206
ATTACHMENT C 1716
Personal de la ciudad
Moderadora: Stephanie Ocasio (Directora de CDD)
Presentador: Matt Diaz (Gerente de planificación)
Apoyo:

Mike McDowell (Director asistente)
John Schweigerdt (Oficial de construcción)
Secretario: Anson Lihosit (Planificador senior)
Equipos: Adriana Guerrero (Asistente ejecutiva)
ATTACHMENT C 1717
Horario de esta noche
5:00 – 5:15 PM • Introducción y antecedentes
5:15 – 5:30 PM • Instalación solar
5:30 – 5:45 PM • Carga de camiones
5:45 – 6:00 PM • Carga de automobiles
6:00 – 6:15 PM • Restricciones de retroceso
6:15 – 6:30 PM • Aumentar el tamaño mínimo
6:30 – 6:45 PM • Aplicabilidad de la ordenanza
6:45 – 7:00 PM • Preguntas y respuestas
7:00 PM • Fin del taller
ATTACHMENT C 1718
Estructura del taller • Para cubrir las 6 modificaciones dentro del bloque de 2 horas, a cada una se le dará una sesión de 15 minutos.
• Si una sesión necesita menos tiempo, ese tiempo se puede agregar a otra sesión.
• Cada tema comenzará con un breve resumen de 5 minutos, seguido por un diálogo abierto de 10 minutos.
• En persona: levanten la mano si tienen preguntas o comentarios. • Teams: envíe sus comentarios a través de la función de chat. – Los comentarios públicos de los asistentes a Teams se leerán en voz alta y el personal responderá.
– La reunión de Teams será grabada.
• Si se acaba el tiempo de la sesión, envíe su comentario a través de una tarjeta de notas (en persona) o por el chat (Teams). El personal se pondrá en contacto con usted.
• Se pueden hacer comentarios adicionales a través de tarjetas de notas, en tableros de exhibición o comunicándose con el personal directamente al:
[email protected]
ATTACHMENT C 1719
Reglas básicas
• Sea civilizado y respetuoso con todos los comentaristas y asistentes. • No interrumpas a los demás mientras hablan.
• Para asegurar tiempo para las 6 modificaciones, las preguntas y comentarios fuera de tema no se pueden discutir durante el taller.

Envíelos por escrito a la "Cesta del estacionamiento". El personal se pondrá en contacto con usted.
• Los comentaristas/asistentes no deberán hacer comentarios personales, impertinentes, indebidamente repetitivos, difamatorios o profanos al personal o al público en general, ni pronunciar lenguaje alto, amenazante, personal o abusivo, ni participar en ninguna otra conducta que interrumpa, perturbe o de otro modo impida injustificadamente la desarrollo ordenado del taller.
• Cualquier persona que haga tales comentarios, que pronuncie lenguaje alto, amenazante, personal o abusivo, que sea indebidamente repetitivo o participe en discusiones extensas sobre irrelevancias, o que participe en cualquier conducta desordenada que interrumpa, perturbe o impida de otra manera irrazonablemente la conducta ordenada de el taller, a discreción del personal, se le pedirá al taller que abandone el taller.

ATTACHMENT C 1720
Contexto
• En 2022, la Ciudad acordó presentar una nueva
ordenanza de almacenes industriales al Concejo
Municipal para su consideración antes del
31/12/23.
• Más de 20 reuniones y numerosas comunicaciones
desde agosto - octubre '23:
– Comité ad-hoc de la Comisión de Planificación
– Asesores ambientales y de la industria
– Junta con residentes y ciudadanos
– Oficina del fiscal general
– Otras ciudades con ordenanzas de almacenes
– Profesionales del medio ambiente y el clima
– Expertos de la industria (revisión de proyectos)
ATTACHMENT C 1721
Contexto (cont.)
El taller de esta noche es para solicitar comentarios sobre las seis modificaciones.

El análisis de la modificación debe presentarse al Consejo antes del 9 de julio.

Después de la adopción, basándose en los comentarios públicos recibidos, el Consejo ordenó al personal que explorara seis (6) modificaciones a la ordenanza adoptada.

El Concejo Municipal consideró 3 opciones de ordenanza y adoptó una ordenanza (Opción C) el 12/12/23 (a partir del 11 de enero de 2024).

ATTACHMENT C 1722
Seis posibles modificaciones
Comentario público Origen
Clarificación para instalación solar. Stockton Environmental Justice Advocates (EJA)
Ajustes a los requisitos de carga de camiones. Stockton Environmental Justice Advocates
Ajustes a los requisitos de carga de
automóviles.

Stockton Environmental
Justice Advocates
Ajustes a los estándares de retroceso. Stockton Environmental Justice Advocates
Cambiar la Ordenanza para que se aplique a
almacen de 400,000 pies cuadrados y más
en lugar de 100,000 pies cuadrados y más.

Chamber of
Commerce / San
Joaquin Partnership
Cambiar la Ordenanza para aplicar a los
proyectos de anexión presentados después
del 31 de diciembre de 2023.

Holman Investors,
LLC
ATTACHMENT C 1723
Instalación Solar
Origen: Propuesto por EJA
Modificación(es) propuesta(s):
“La instalación del sistema solar debe ser realizada por propietarios, operadores, inquilinos o un contratista
calificado de sistemas solares.”
Consideraciones:

Los procesos y estándares actuales ya lo exigen para los derechos y la aprobación de permisos de construcción
(construcción).

Posible inclusión en el Código para clarificación.

ATTACHMENT C 1724
Carga de camiones
Origen: Propuesto por EJA
Modificación(es) propuesta(s): Facilitar futuras estaciones de carga ampliando el requisito actual de infraestructura de estaciones de carga de vehículos eléctricos para incluir camiones de servicio liviano-pesado (LHD) y de servicio medio-pesado (MHD) además de camiones de servicio pesado-pesado (HHD).

Se deben proporcionar conductos en el sitio para dar servicio al 50% del número de estaciones de atraque para camiones. La ubicación del conducto queda a discreción del desarrollador (por ejemplo, espacios de estacionamiento para remolques de
camiones o estaciones de atraque).

ATTACHMENT C 1725
Carga de camiones (cont.)
Consideraciones:

Potencial para aumentar futuras estaciones de carga de
vehículos eléctricos e instalaciones preparadas para
vehículos eléctricos.

Costo adicional potencial por espacios adicionales.

CALGreen Code actualmente tiene requisitos de
infraestructura de vehículos eléctricos para camiones de servicio mediano y pesado para usos de almacén. Además
de los requisitos de conductos, CALGreen requiere ampliar el servicio eléctrico y áreas designadas para futuros equipos eléctricos.

ATTACHMENT C 1726
Carga de automóviles
Origen: Propuesto por EJA
Modificación(es) propuesta(s):
• Al menos el 10% de todos los espacios de
estacionamiento de vehículos de pasajeros deberán estar preparados para vehículos eléctricos.
• Al menos el 5 % de todos los espacios de estacionamiento de vehículos de pasajeros estarán equipados con
estaciones de carga para vehículos eléctricos de carga
rápida de nivel 2 que funcionen.
• Se instalarán señales que indiquen las estaciones de
carga de vehículos eléctricos y especifiquen que los
espacios están reservados para vehículos eléctricos/aire limpio.

ATTACHMENT C 1727
Carga de automóviles
Consideraciones:
• La enmienda solicita un 10% de espacios de estacionamiento preparados para vehículos eléctricos
El Código CALGreen actualmente requiere entre 16% y 40% de espacios preparados para vehículos eléctricos
• La enmienda solicita un 5% de espacios de estacionamiento equipados con vehículos eléctricos
El Código CALGreen actualmente requiere entre 4% y 7% de espacios equipados con vehículos eléctricos
• La enmienda incluye un requisito de mantenimiento para las estaciones de carga de vehículos eléctricos.

El Código CALGreen no incluye una disposición de mantenimiento relacionada con los vehículos eléctricos
• Posible necesidad de espacios de carga de vehículos eléctricos adicionales en situaciones limitadas.
• Costo adicional por espacios adicionales.

ATTACHMENT C 1728
Carga de automóviles
Número total de
espacios de
estacionamiento
reales
Número de
espacios
necesarios para
vehículos
eléctricos
% de vehículos
eléctricos con
capacidad
requeridos por
CALGreen
Número de EVCS
(espacios aptos para
vehículos eléctricos
provistos con EVSE)
% de vehículos
eléctricos equipados
requeridos por
CALGreen
0–9 0 0% 0 0%
10-25 4 16%-40% 0 0%
26–50 8 16%-30% 2 4%-7%
51–75 13 17%-25% 3 4%-6%
76–100 17 17%-22% 4 4%-5%
101–150 25 16%-25% 6 4%-6%
151–200 35 17%-23% 9 4.5%-6%
201 o mas 20 por ciento
del total 20%
25 por ciento de
espacios con
capacidad para
vehículos eléctricos
~5%
Tabla CALGreen 5.106.5.3.1 (% de columnas agregadas)
ATTACHMENT C 1729
Restricciones de retroceso
Origen: Propuesto por EJA
Modificación(es) propuesta(s):
• Agregar un requisito de retroceso del edificio con una relación de retroceso a altura de 2:1
• Prohibir el movimiento/acceso de cualquier camión (EV o combustible) dentro de una zona de influencia de 300
pies adyacente a receptores sensibles.
• Eliminar dos excepciones adoptadas relacionadas con
limitaciones físicas y vehículos de cero emisiones.

ATTACHMENT C 1730
Restricciones de retroceso (cont.)
Consideraciones:
• Impactos en el diseño del sitio del proyecto a través de restricciones a la ubicación de los edificios,
opciones de ubicación de estacionamiento y
acceso, y lo que podría ubicarse dentro de la zona
de influencia de 300 pies.
• Impactaría significativamente el diseño del sitio
para proyectos más pequeños y requeriría área de
terreno adicional.
• Solicitudes de anexión aceleradas y la consiguiente
conversión prematura de tierras agrícolas.

ATTACHMENT C 1731
Áreas industriales del Plan General (azul)
ATTACHMENT C 1732
Tamaños de almacén y terreno
requerido*

Tamaño del
almacén
logístico y
superficie
necesaria
* Basado en el lenguaje adoptado de la Ordenanza
Tamaño
potencial
(pies
cuadrados)
Cobertura
promedio
Tamaño estimado
del proyecto (pies
cuadrados)
Tamaño
estimado del
proyecto (ac)
ATTACHMENT C 1733
Ejemplo de proyecto de
retroceso
Área:

Perímetro:

ATTACHMENT C
1734
Ejemplo de proyecto de
retroceso
Típico 30 pies
15- Árboles de galón
Propiedad
Línea y propuesta de 10 pies
Pared de sonido
Típico
Casa de
20 pies
50 pies
100 pies 300 pies
ATTACHMENT C 1735
Parcelas
industriales
vacantes
Más de 5.5 acres
(requerido para un
desarrollo de más de
100,000 pies
cuadrados)
ATTACHMENT C 1736
Áreas no sujetas a una zona
de búfer de 300 pies
Ejemplo de retroceso/búfer #1
Morado = terreno industrial designado
Sombreado = Búfer de 300 pies
Estrellas = Ubicación del receptor
ATTACHMENT C 1737
Áreas no sujetas a una zona
de búfer de 300 pies
Ejemplo de retroceso/búfer #2
Morado = terreno industrial designado
Sombreado = Búfer de 300 pies
Estrellas = Ubicación del receptor
ATTACHMENT C 1738
Ejemplo de retroceso/búfer # 3
Áreas no sujetas a una zona
de búfer de 300 pies
Morado = terreno industrial designado
Sombreado = Búfer de 300 pies
Estrellas = Ubicación del receptor
ATTACHMENT C 1739
Tamaño aumentado
Origen: Chamber of Commerce / San Joaquin
Partnership
Modificación(es) propuesta(s): Aumentar el
requisito de tamaño mínimo aplicable de los
100,000 pies cuadrados adoptados a 400,000
pies cuadrados o más.

ATTACHMENT C 1740
Tamaño aumentado (cont.)
Consideraciones:
• Las instalaciones más pequeñas (de 100,000 a 399,999 pies cuadrados) no estarían sujetas a los estándares de almacén.
• Durante los últimos 7 años, el proyecto típico de almacén logístico midió aproximadamente 420,000 pies cuadrados.
• Los últimos 10 proyectos de logística titulados midieron un tamaño total promedio de 700,000 pies cuadrados a 1,000,000 pies cuadrados. • Desde 2016, se han aprobado 37 permisos de construcción para nuevos almacenes de 100,000 pies cuadrados o más (tamaño promedio ±420,000 pies cuadrados)
• El tamaño requerido se alinea con otros ejemplos de ciudades proporcionados por la Oficina del Procurador General (es decir, Fontana) • Se prevé que el aumento reduciría el impacto en las instalaciones y propietarios más pequeños (es decir, empresas que no pertenecen a Fortune 500).
• Se prevé que los tamaños mínimos de lote para nuevas instalaciones aumenten de 5.5 acres a 21 acres según el tamaño de lote típico necesario para instalaciones de 100,000 y 400,000 pies cuadrados.

ATTACHMENT C 1741
Aplicabilidad de la anexión
Origen: Holman Investors, LLC
Modificación(es) propuesta(s):

Las normas adoptadas de la Ordenanza de almacén no se aplicarán a ningún edificio nuevo construido en una propiedad ubicada dentro de los límites existentes de la ciudad de Stockton antes del 31 de diciembre de 2023.

Consideraciones:
• Los estándares solo se aplicarían a proyectos industriales calificados anexados después del 31 de diciembre de 2023. • Los proyectos autorizados que estaban ubicados dentro de los límites de la ciudad antes del 31 de diciembre de 2023 estarían exentos de los estándares de almacén adoptados según esta modificación.

ATTACHMENT C 1742
Consideraciones:
• Los estándares solo se aplicarían a futuros proyectos de anexión.
• No está claro si la solicitud se aplicaría a las anexiones bajo el requisito de tamaño mínimo o a las anexiones aprobadas pero posteriormente modificadas para permitir usos industriales. • El código actual ya analiza la aplicabilidad del proyecto y los derechos “adquiridos” de las aplicaciones cuando se adopta una nueva norma.
• Parece más una solicitud impulsada por políticas sobre cómo la Ciudad desea utilizar los nuevos estándares de almacén, que un medio adicional para asegurar los derechos de
desarrollo.

Aplicabilidad de la anexión
ATTACHMENT C 1743
Parcelas
industriales
vacantes
fuera de los
límites de la
ciudad
Más de 5.5 acres
ATTACHMENT C 1744
Próximos pasos

CONTINUAR
CON EL

ALCANCE
DISCUSIÓN

INFORMATIVA
DE LA
COMISIÓN DE
PLANIFICACIÓN
EL 28 DE
MARZO

FINALIZAR
ANÁLISIS DE

MODIFICACIONES
CONSIDERACIÓN
DE LA COMISIÓN
DE PLANIFICACIÓN

TENTATIVA EN
MAYO DE 2024

AYUNTAMIENTO

PARA JULIO DE
2024
ATTACHMENT C 1745
¿PREGUNTAS?
Contacto:

Community Development Department
Matt Diaz, Advanced Planning Manager
345 N. El Dorado Street, Stockton, CA 95202
(209) 937-8598 - o - [email protected]
Para obtener un enlace e información para asistir en
línea, utilice el código QR o visite el sitio web:

ATTACHMENT C 1746

WAREHOUSE ORDINANCE AMENDMENT

PUBLIC WORKSHOP MEETING NOTES
DATE: March 6, 2024
TIME: 5:00 PM – 7:00 PM
PLACE: Robert J. Cabral Agricultural Center, 2102 E. Earhart Avenue, Assembly Room 2, Stockton, CA 95206
STAFF PRESENT: Stephanie Ocasio, CDD Director; Michael McDowell, CDD Assistant Director; John Schweigerdt, Building Deputy Director; Matt Diaz, Advanced Planning Manager; Adriana Guerrero, Executive Assistant; Anson Lihosit, Senior Planner.

ATTENDEES: 30 in person.

RE: Proposed Amendments to the Warehouse Ordinance
City of Stockton Community Development Department staff met with the public to review and discuss the proposed amendments to the Warehouse Ordinance. Stephanie Ocasio, CDD Director, presented the introduction, schedule and ground rules for the meeting. Attendees were allowed to provide comments in person at the meeting, via message over the Microsoft Teams online chat, in writing on the proposed modifications posters or on a written notecard. Matt Diaz, Advanced Planning Manager, presented the remainder of the presentation over the background history and the proposed modifications to the Warehouse Ordinance. For the meeting discussion, the modifications were ordered differently in the presentation than the documents online. To save time, the order of the modifications in the presentation were arranged by order of least challenging to most challenging.

Proposed Modification 1: Solar Installation
“The solar system installation should be done by owners, operators, tenants, or a qualified solar system contractor.”
Considerations:

Current processes and standards already require this for entitlements and construction (Building) permit approval. Possible inclusion in Code for clarification. • No comments were made by the public.

Proposed Modification 2: Truck Charging
Facilitate future charging stations by expanding the current electric vehicle charging station infrastructure requirement to include light-heavy duty (LHD) and medium-heavy duty (MHD) in addition to heavy-heavy duty (HHD) trucks. Conduit should be provided on the site to serve 50% ATTACHMENT C 1747
of the number of truck docking stations. Location of conduit is at discretion of the developer (e.g., truck trailer parking spaces or docking stations.

Considerations:

Potential to increase future EV charging stations and EV-ready facilities. Potential added cost for additional spaces. (CALGreen Code currently has EV infrastructure requirements for mediumduty and heavy-duty trucks for warehouse uses. In addition to the conduit requirements, CALGreen requires upsizing of the electrical service and designated areas for future electrical equipment.)
• District 2 Councilmember Dan Wright spoke. There seemed to be a desire to have a commitment to charging. The ordinance should state that as a result of bringing a warehouse into Stockton, they need to increase the charging infrastructure. o Matt Diaz responded. That is what the result of the modification would be. Long Beach, CA and the Gateway Cities have found that the energy capacity to charge one truck may be too great for one facility to handle. They have been pushing these charging facilities to dedicated fuel stations. Fuel stations are better equipped to handle this kind of energy capacity.
• District 2 Councilmember Dan Wright spoke. What we don’t want is the warehouse coming in and somehow the infrastructure isn’t increasing. Another city may be gaining the benefit from the infrastructure gains, even though we have the warehouse in our community and our roads suffer from all the trucks driving on them. I’m not 100% committed that it must be on the warehouse site, but the infrastructure must be within the city.
• Trevor Smith spoke. The Ordinance does require onsite charging for trucks in a designated area where conduit would be run to. As a consultant, I am getting calls from companies that are looking for sites to build future gas stations for electric trucks. They are concerned with PG&E’s infrastructure, not the City of Stockton’s infrastructure.

PG&E cannot support the demand that these future gas stations will require. PG&E needs to get their act together and then the companies will start coming here. • Mike Souza spoke. I was going to say the same thing as Trevor. It is a waste of material and money to put charging on dock doors. That is not where the truck is going to charge.

They will charge at on-site facilities or will go to the future stations. I have also received calls over these uses. PG&E’s infrastructure is very constrained in Stockton. o Matt Diaz responded. Some of the more regional or universal issues may be better for the update of the Climate Action Plan that will begin later this year. This is on our radar.

The modification presented would increase capacity for EV conduits. • Online comment from Mary Elizabeth. This is the problem with 1990’s mitigation fees for roads.

Modification 3: Automobile Charging
At least 10% of all passenger vehicle parking spaces shall be electric vehicle (EV) ready. At least 5% of all passenger vehicle parking spaces shall be equipped with working Level 2 Quick charge EV charging stations. Signage shall be installed indicating EV charging stations and specifying that spaces are reserved for clean air/EV vehicles.

ATTACHMENT C 1748
Considerations:
-Amendment requests 10% EV ready parking spaces (CALGreen Code currently requires between 16%-40% EV ready spaces).
-Amendment requests 5% EV equipped parking spaces (CALGreen Code currently requires between 4%-7% EV equipped spaces).
-Amendment includes a maintenance requirement for the EV charging stations (CALGreen Code does not include a maintenance provision related to EVs). -Potential requirement of additional EV charging spaces in limited situations. -Added cost for additional spaces.
• No comments were made by the public.

Modification 4: Setback Restrictions
Add a building setback requirement of 2:1 setback-to-height ratio. Prohibit any truck (EV or fuel) movement/access within a 300-foot buffer adjacent to sensitive receptors. Remove two adopted exceptions pertaining to physical limitations and zero emission vehicles.

Considerations:
-Impacts to project site design via restrictions to building placement, parking and access location options, and what could be located within the 300-foot buffer. -Would significantly impact site design for smaller projects and require additional land area. -Accelerated annexation requests and resulting premature conversion of agriculture lands. • Online comment. Could you please state in the chat the existing code section in values? o Matt Diaz responded. It is on the newly adopted ordinance online. Staff will check and clarify later in the meeting.
• Online comment. Were there no regulations for setbacks in terms of warehousing prior to the adoption of the Ordinance?
o Matt Diaz responded in the affirmative. There were setback requirements for warehouses. If the warehouse wasn’t located adjacent to a sensitive receptor, then the setback was twenty feet. If the warehouse was located adjacent to a sensitive receptor, it was a 1:1 ratio. This would double that requirement for anything next to a sensitive receptor and include a prohibition of any truck movement/parking within that 300-foot area.
• Online comment. Tiered setback standards are possible for different warehouse sizes.

See the City of Riverside, Title 19 standards. It sets different setback distances between 10,000 and 100,000 square foot warehouses.
o Matt Diaz responded. I think we looked at some of that for the original adoption. The 2:1 example came from the Attorney General’s Office. If you want a bigger facility, the larger the setback.
o Stephanie Ocasio responded. I believe that during some of the public hearings our local environmental justice advocates stated that the 2:1 requirement was an acceptable figure.
o Matt Diaz agreed. Yes. There was consensus on the 2:1 requirement. • Online comment. On the acreage map, I didn’t notice all of Mariposa Lake included.

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o Matt Diaz responded. We did our best to identify that. Mariposa Lakes does have some industrial properties, but it has not been subdivided or officially annexed yet. Mariposa Lakes is a potential added industrial designation. There may be changes to that project in the future: potentially an amendment. If so, that project will be reviewed at a public hearing in the future.
• Online comment. Follow up question. Would those potential limits go through the CEQA process?
o Matt Diaz responded in the affirmative. Yes. All annexations require review based on the California Environmental Quality Act (CEQA). CEQA is a discretionary review not a ministerial review.
• District 2 Councilmember Dan Wright spoke. I would like to add onto that. Any state laws that may pass in the meantime, there are a lot of efforts to make approvals ministerial that increase housing. I would not assume that the state might not throw something down on us that we have no control over.
o Stephanie Ocasio spoke. Would an amendment to the Mariposa Lake approval require another CEQA review?
o Matt Diaz responded in the affirmative. Yes, it would. Even though the EIR was certified by the City Council, it still needs to go to the Local Agency Formation Commission (LAFCO) for approval. They are required to do a CEQA review of it as well.
• Online comment. Are there any ramifications for existing buildings that may have a newly levied buffer location over the top of it? Based on a sensitive receptor; Would it become non-conforming? I.E. along Arch Road?
o Matt Diaz responded. No. The ordinance would not affect existing buildings that were built to code. The same thing goes for entitlements or planning permits that were approved before the adoption of the ordinance, whether they were built or not. o Stephanie Ocasio spoke. That is outlined in the City of Stockton Municipal Code Section 16.04.

Modification 5: Increased Size
Increase the applicable minimal size requirement from the adopted 100,000 square feet to 400,000 square feet in size or greater.

Considerations:
-Smaller facilities (100,000 to 399,999 square feet) would not be subject to the warehouse standards.
-Over the last 7 years, the typical logistics warehouse project measured approximately 420,000 square feet
-The last 10 entitled logistics projects measured an average total size range of 700,000 square feet to 1,000,000 square feet
-Since 2016, 37 building permits have been approved for new warehouses 100,000 sf or greater (average size ±420,000 square feet)
-The size required aligns with other City examples provided by the Attorney General’s Office (i.e., Fontana)
-It is anticipated the increase would lessen the impact on smaller facilities and owners (i.e., nonfortune 500 companies).

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-Minimum lot sizes for new facilities are anticipated to increase from 5.5 acres to 21 acres based on typical lot size needed for facilities of 100,000 and 400,000 square feet in size. • Online comment. I think throughput is an important consideration, not just size. o Matt Diaz responded. That is accurate. There are some examples from other cities that have adopted similar ordinances. The City of Fontana was an example given to us from the Attorney General’s Office. They had a break out range of 100,000-400,000 square feet.
• Online comment. The size required does not align with the City of Riverside, which ranges from 10,000-100,000 square feet, or County of Riverside, 250,000 square feet.

Are there any other examples besides Fontana for the 400,000 square feet? (Follow up:

Throughput is the amount of material of items passing through a system or process, such as output or production.)
o Matt Diaz spoke. Throughput is a more accurate reflection of how you would regulate a facility versus size. We focused on the examples that were given to us for how to regulate logistics warehouses and not all types of warehouses. We should look at the operations for the Climate Action Plans, where you can actually put restrictions on how they operate as opposed to how big they are. There was another example near Fontana that was 400,000 square feet. We talked to an environmental professional down south.

Everyone has a slightly different warehouse market. Ours is similar to the Gateway Cities area.
• Trevor Smith spoke. Where is logistic warehouses defined? He provided an example of a client, that manufactures a product. Is this a logistic warehouse? He later provided more detail that the client makes soap and has one or two trucks leave the facility a day. o Matt Diaz provided the definition of logistic warehouse and recommended that the client contact the Planning Department. That is a universal definition for logistic warehouses. It would be very difficult to lock down what a logistic is. There are warehouses that have truck movement that take goods and services to other areas. How do we separate that from an Amazon or another large Fortune 500 retailer? • District 2 Councilmember Dan Wright spoke. Are we able to make our own definition? o Stephanie Ocasio spoke. The definition was directed by the state Attorney General’s Office for the creation of the warehouse ordinance.
o Michael McDowell spoke. The City of Stockton could decide on a definition on our own.
• District 2 Councilmember Dan Wright responded that the definition seems incomplete.

The amount of truck traffic is an important consideration.

Modification 6: Annexation Applicability
Adopted Warehouse Ordinance standards shall not apply to any new building constructed on property located within the existing City of Stockton City Limits prior to December 31, 2023.

Considerations:
-The standards would only apply to qualifying industrial projects annexed after December 31, 2023.
-Entitled projects that were located within the City Limits prior to December 31, 2023, would be exempt from adopted Warehouse standards under this modification.

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-Standards would only apply to future annexation projects. -Unclear if the request would apply to annexations under the minimum size requirement or annexations approved but later amended to allow industrial uses. -Current code already discusses project applicability and “vested” rights of applications when a new standard is adopted.
-Seems more a policy-driven request on how the City wishes to utilize the new warehouse standards, than an additional means to lock in development rights. • Matt Arnaiz spoke. Where the city limits were located on the Vacant Industrial Parcels Outside of City Limits map?
o Matt Diaz spoke. The city limits can be very erratic, especially when you get in the southern end.
• Matt Arnaiz spoke. So, there was a big block of purple that is not in the city? o Matt Diaz spoke. Yes. Each project is going to be assessed going forward. Do we want to do this extra layer of added requirements for only specific projects. We are still exploring how to use the ordinance that was adopted.
• District 2 Councilmember Dan Wright spoke. This particular proposal has two competing elements. One is respect for economic development and the plans/investments that people have made in advance to do particular projects. This competes against this idea that we have to mitigate for sensitive receptors. There has to be a sweet spot. We cannot have a policy that says even though you’ve invested tens or hundreds of thousands of dollars, maybe more, we are going to implement a new rule after the fact. You must respect both issues.
• Matt Arnaiz spoke. In both agreements: the Sierra Club agreement and the Attorney General’s agreement, it talks about future projects and requirements of new mitigation measures. An existing project that has been annexed into the city already is not subject to new mitigation. I agree with what Councilmember Wright was talking about. I have a property that was annexed in 2008, which I have invested a lot of time and money into to try to get it ready for the market. This is a whole new wrinkle that could set it back, who knows for how long.
o Matt Diaz spoke. He explained the process for different types of projects. He provided the difference between ministerial review and discretionary review. Ministerial review is by-right, objective, a standard review. Discretionary review is subjective, mitigation measures, subject to CEQA review and subject to conditions. In a normal project in the annexation area, all entitlements require discretionary review. They must go through that type of process, no matter what they are proposing. For projects on land that is vacant within the city limits, if you were proposing a new warehouse that is allowed by right by our code: we consider that ministerial. There is no conditional review or CEQA review. It is an objective review of whatever our Code says. The process is what we want to do for sites that do not have vested entitlements. Usually, a vested entitlement has received completeness, noticed for public hearing, or you have an approved project before the code was adopted. This would only apply for anything that does not have an entitlement or building permit on site, that is vacant and within city limits.

Stephanie Ocasio completed the presentation describing the next steps in the process including an informational discussion on the March 28, 2024, Planning Commission meeting.

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• Trevor Smith spoke. Will the March 28, 2024, meeting include a public comment period?
o Stephanie Ocasio spoke. It will be a public noticed meeting, so the public will have the opportunity to comment. There will be a two-minute limit and the Chair will have the option to extend that if they want to. You can provide comments in writing or verbally. • Online comment. The comment about holding land for the future and rules change: If there has not been a project that was approved, the changed rule should apply. Will the workshop be limited to two minutes?
o Stephanie Ocasio spoke. Yes. It is a publicly noticed Planning Commission meeting.

The public comment is limited to two minutes. That is set by the Mayor through the Council Policy Rules and that carries down to the boards and commissions. • Online comment. An additional question over the two-minute maximum for the public comment period.
o Stephanie Ocasio spoke. That was just elaborated on and answered.

Stephanie Ocasio closed the presentation. She informed the attendees that they could continue to provide questions/comments to write on a notecard or reach out to Matt Diaz. His telephone and email were provided. A QR code was on the presentation slide that directs to the warehouse documents on the city website.
o Matt Diaz spoke. Please sign in on our sign in sheet in the back. You can sign up for email notifications.
• Jazmine Leak spoke. She thanked staff for making the space available for the community to meet and try to understand and develop good policy for people. She stated that she had difficulty with the Microsoft Teams chat and came in person late, due to that. She encouraged people to consider that there are people living in the neighborhoods around the industrial properties in South Stockton. These people are experiencing health impacts severely (cardiovascular disease and inability to breathe clean air) and over generations. It is a huge problem that we have ahead of us. More development that doesn’t consider that, is only kicking the can further down the road and will be hurting people. I encourage us to think about what does a 21st century warehouse facility look like? How to protect the people that live there? That may require a deeper level of thinking. I appreciate the comments about the Climate Action Plan process, and I look forward to engaging in that.
• Online comment. The issue with PG&E should be considered a constraint to development.
o Stephanie Ocasio spoke. I think that is consistent with what was said. For the technical issues, we ran through this ahead of time to make sure it worked. I don’t know what happened. I apologize for that.
• Comment from an attendee. Question for the Building Code staff. When was the electric charging Ordinance approved? There being some chargers on-site. o John Schweigerdt spoke. Calgreen code has been required for several years now.

Through state process, every three years that code gets updated. The most recent version was effective January 1, 2023. (2022 version) Within that code, it has minimum ATTACHMENT C 1753
requirements for EV charging and EV infrastructure. It is something that the state requires; regardless of whether the city adopts it or not. • Follow up comment from the attendee. Are there facilities or projects that were passed, approved or built since then? Are they all going to have chargers? o John Schweigerdt spoke. Yes. Any that were built recently and were subject to the Calgreen code need to have been EV capable, with the infrastructure. A number of those were required to have a charger. This applies to more than just warehouses. It applies to all new development, subject to Calgreen code. The Calgreen code has additional measures specific for uses like warehouses and grocery stores. o Matt Diaz spoke. The state adopted a new Climate Reduction Plan to be climate neutral before 2045. Several types of professionals that staff has spoken with, have indicated that the state’s new climate goal state is very progressive. The state is still trying to figure out how to act on that reduction target. We are anticipating that the Calgreen building code and air quality districts will be revised in the future to align with the new state projections.
• Online comment. How many chargers has the City required? What about the 2030 goals?
o Stephanie Ocasio spoke. The amount of chargers required would depend on the project size. She asked if the attendee’s second question over goals was in reference to the Climate Action Plan or the 2040 General Plan?
o Matt Diaz spoke. The General Plan is a 2040 projection, for twenty-year growth within the city. The Climate Action Plan was adopted in 2015 or 2016. That Climate Action Plan was completed for the previous General Plan (2035 General Plan) and talked about climate reduction to AB32. This required reductions to 1990 levels. In 2018, the state said we achieved 1990 levels and no longer need to apply AB32. Since 2018, there have been a few governor directives, including carbon neutral by 2045. We can’t rely on our current Climate Action Plan because it is so outdated to what state legislation is right now. As part of our Climate Action Plan update, not only are we going to discuss universal solutions to some of these climate problems and infrastructure problems, but we also have to talk about what else we want to do besides the states’ goals. We are going to begin the process in 2024.
• Jazmine Leak spoke. Maybe we can look at the CalEnviroScreen map as a jumping off point. It shows a number of environmental indicators beyond air quality. We could ground ourselves in where we’re at and where we need to go. This particular ordinance plays a role in shaping these concerns.
o Matt Diaz spoke. That map was included in the General Plan update. There was a small climate action analysis in the General Plan. It determined disadvantaged communities within the city and unincorporated disadvantaged communities in the city. Most of the area around downtown and below are within the disadvantaged communities. o John Schweigerdt spoke. The progression of the state code requirements includes looking at the last code and making additions to it. Now you do have to install a certain number of chargers. That will only show up for projects that were built after January 1, 2023.
• Trevor Smith spoke. We hope that the Climate Action Plan will look at the regional impact of what is coming in through the Altamont and dumping in this valley. The Bay Area’s fingerprint is on our air quality. I hope that is a big part of the plan.

ATTACHMENT C 1754
o Matt Diaz spoke. Hopefully that will be part of it. There is a distinction between air quality and climate reduction. Air quality is regional for non-attainment areas.

The remainer of the meeting attendees were able to discuss the proposed modifications with staff or provide comments in writing.

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ATTACHMENT D - Proposed Ordinance
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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:

16.116.050.

These amendments are internally consistent with all policy and supportive regulatory documents.

3. 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).
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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).

4. 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 1763
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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:

A. Applicability. The standards will apply to the following applications:

1. To these standards shall apply to all logistics warehouses 1400,000 square feet in size or greater. Logistics
Warehouses are considered facilities used for the storage of farm products, furniture, household goods, or other
commercial goods for distribution to wholesalers and/or retailers, including cold storage.

2. The standards provided in this section (SMC 16.80.390) shall not apply to any new building constructed on property that was incorporated into the City of Stockton prior to December 31, 2023.

B. Development Standards.

1. 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.
a. Unless determined to be physically impossible, when adjacent to sensitive receptors, a loading dock door shall be oriented away from the sensitive receptor and located a distance of 300- feet from said receptor, unless the dock doors are utilized by zero emission trucks and equipment only. The building and auto parking can be located within the 300-foot distance. 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. The following may be included within the 300-foot distance: the building; auto parking; and other site design and use elements, including but not limited to, stormwater basins, employee gathering areas (daytime use), pedestrian and bicycle pathways, outdoor storage, and a drive aisle for auto, truck and emergency vehicle circulation around the building, provided the drive aisle is placed immediately adjacent to the building and not abutting a sensitive receptor. 1764
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b. A 20-foot landscaped planter (buffer) shall be installed along the property line adjacent to a sensitive receptor.
c. The buffer shall be landscaped and not be less than 50 percent 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. d. 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).
e. 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.
f. All on and off-site landscaping shall comply with SMC Chapter

16.56 (Landscaping).
g. All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
h. 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.
i. 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.
j. 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. The 35% shade created by trees amount can be substituted for solar canopy upon approval by the Director. k. To facilitate the installation of future electric vehicle charging stations for light-heavy duty (LHD), medium-heavy duty (MHD), heavy-heavy duty (HHD) trucks, in connection with each individual development proposal, the subject building improvement plans shall identify an area for future LHD, MHD, HHD truck charging stations and the subject developer shall install conduit from the power source to the identified area.
l. Provide EV charging stations for automobiles per building code and provide conduit to a future designated area for Heavy Duty Turck Charging Facility.
m. 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. n. 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.
o. 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 1765
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increase public safety and reduce congestion on public streets. p. 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.
q. 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.
r. 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.

Prior to the issuance of building permits, the
applicant/developer of the qualifying facility(ies) shall demonstrate (e.g., provide building plans) that the
proposed buildings are designed and will be built.
d. Each developer of an individual specific development proposal shall prepare the subject building structures in such a way to accommodate future solar panels pursuant
to applicable Building Code requirements.
e. The building permit application for qualifying facilities must demonstrate that sufficient power will be provided from clean energy sources for the operational base power use at the start of operations. Developers shall have the
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following options, or any combination of options, for
procuring clean energy to meet operational base power
needs for new building structures. Options may include 1) installing solar panels on the subject building or building site, and/or 2) procuring 100% clean energy from AVA
Community Energy, and/or 3) participating in California’s Community Solar Program.
f. 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 nonexhaustive examples, loads for specialized equipment, non-standard automation or material handling systems,
and chargers for heavy-duty trucks.
g. The office portion of a building’s rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78.
h. Electrical Room Sizing. To ensure that warehouse
electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.
i. Warehouse Dock Seal Doors. Exterior loading dock doors that are adjacent to conditioned or indirectly conditioned spaces shall have dock seals or dock shelters installed at the time of permitting.
j. Onsite Equipment Infrastructure. Project should provide infrastructure to support charging of electric power onsite equipment.
k. 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.
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l. Tenant/Operator of the qualifying facility(ies) shall enroll 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.

3. 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.
a. Qualifying facilities shall comply with the San Joaquin Valley Air Pollution Control District (SJVAPCD)
requirements prior to beginning construction.
b. All off-road construction equipment, with a power rating of less than 19 kilowatts (e.g., plate compactors, pressure washers, shall be electric-powered.
c. Subject to all other idling restrictions, off-road dieselpowered construction equipment shall not be left in the “on position” for more than 10 hours per day.
d. Temporary electrical hookups to all construction yards and associated work areas shall be required.
e. 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 callline for those interested in filing a complaint. Any complaints made to the facility operator’s designee shall be answered within 72 hours of receipt.
f. 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. g. 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.
h. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.
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C. On-Going Operations: The following standards shall be implemented during all on-going business.

3. Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.

4. 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.

5. All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.

6. 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.

7. Truck queuing, idling, or circling of vehicles, on public streets adjacent to the facility is prohibited.

8. Periodic yard and parking area sweeping shall be provided to minimize dust generation.

9. 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.
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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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
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ATTACHMENT E
Amendment Feasibility Analysis
1 PREPARED BY
The City of Stockton Community Development Department with assistance from PlaceWorks (Climate, Economics, CEQA).

INTRODUCTION
On December 6, 2022, the City Council approved separate settlement agreements with the State Attorney General and Sierra Club, in conjunction with the approval of a warehouse development project. Both agreements obligated City staff to propose an ordinance to identify and apply feasible mitigation measures to qualifying warehouse and logistics facility projects to minimize their potentially significant environmental impacts.

Per the settlement agreements, including a Memorandum of Agreement (MOA), a warehouse ordinance was required to be considered by the City Council by December 31, 2023.

On December 12, 2024, the City Council adopted a new industrial warehouse ordinance in in relation to a specific industrial project in compliance with the separate settlement agreements between the City and the State Attorney General’s Office (AG) and Sierra Club. During the adoption public hearing, in response to public comment, the Council directed staff to explore additional modifications to six development standards via an ordinance amendment for Council’s approval consideration no later than July 2024.

Those modifications include consideration of:

1. Increasing the warehouse size threshold for ordinance applicability.

2. Exempting projects located within the city limit as of 2023.

3. Adding a truck parking and driving setback.

4. Allowing future non-solar clean energy facilities.

5. Expanding electric truck charging infrastructure requirements.

6. Expanding electric automobile charging infrastructure requirements.

After outreach to local stakeholders, on March 6, 2024, the City hosted a public workshop on the proposed modifications at the Robert J. Cabral Agricultural Center from 5 p.m. to 7 p.m. The workshop was attended by 30 members of the public, with approximately 20 attending virtually via Teams. At the meeting, staff described the proposed modifications and responded to comments and questions raised by attendees. All hearing and workshop materials for the Ordinance are available on the Community Development Department “Zoning Update” webpage.

Project Description
The Project entails a City initiated amendment of the Stockton Municipal Code, Title 16 (Development Code), Chapter 16.80 (Standards for Specific Land Uses) to modify Section 16.80.390 (Logistic Warehouse). Per Title 16.116, the City Council is the review authority for amendments to the Development Code, based on the recommendation of the Planning Commission. The process for consideration entails providing public notice of and conducting public hearings, with any decisions needing to be supported by 1771

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2 required findings of approval.

Project Objectives
The warehouse ordinance, currently or if modified, applies to all qualifying logistics warehouse projects whether discretionary or ministerial and whether CEQA applies or not, to achieve the following objectives:
 Reduce potential environmental impacts through enhanced design standards.  Balance the need for high-quality and sustainable design with project feasibility.  Continue to streamline reviews and provide clarity in the development review process.
 Create consistency through objective design standards.  Minimize future legal challenges through enhanced and objective design.

As stated at the December 12, 2023, City Council meeting, the City believes it has met all of the original obligations of the settlement agreements with the State Attorney General and Sierra Club, whether the ordinance is modified or not.

FEASIBILITY ANALYSIS
The following provides findings that incorporate feasibility analysis, explanations, responses to comments, and conclusions of staff’s review of all proposed standards that require feasibility consideration consistent with the California Environmental Quality Act (CEQA). This feasibility analysis was prepared by the City with the assistance of outside consultants (PlaceWorks) hired independently by the City.

Feasibility is defined by CEQA as being: “…capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors” (Guidelines Section 15364).

This analysis focuses on the six modifications, pursuant to Council direction on December 12, 2023. The following summarizes each of the requested modifications and offers considerations for the Commission’s review. These considerations are derived from potential impacts, or feedback received so far.

Modification #1: Increase Threshold from 100,000 to 400,000 square feet Description
Consideration of the following change: These standards shall apply to all logistics warehouses 1400,000 square feet in size or greater.

Development Considerations
 Would increase the minimum applicability of logistics warehouse size from 100,000 to 400,000 square feet.
 Smaller warehouse facilities (100,000 to 399,999 square feet) would not be subject to the recently adopted warehouse standards.
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3  Size increase would lessen the unintended impacts on smaller business owners and operators (i.e., non-fortune 500 companies).
 Minimum lot sizes for new facilities could be increased by 380% as the anticipated minimum lot sizes needed to develop a new warehouse could increase from 5.5 acres to 21 acres based on typical lot size needed for facilities of 100,000 versus 400,000 square feet in size.
 The last 10 entitled logistics projects in Stockton measured an average total size range of 700,000 square feet to 1,000,000 square feet.
 Since 2016, 37 building permits have been approved for new warehouses 100,000 sf or greater (average size ±420,000 square feet) as shown on Exhibit 1- Warehouse Building Permits.

Environmental Considerations
The proposed modification would result in positive environmental effects on the environment by mitigating the effects of the large majority of logistic warehouse operations, which are greater than 400,000 square feet The proposed threshold is consistent with statewide and local best management practices, including the original City of Fontana ordinance that has been recognized by the Attorney General for setting the bar for warehouse development regulations.

Feasibility
This amendment is not a development standard, but rather a threshold on the applicability of the adopted warehouse standards (SMC 16.80.390). Therefore, feasibility under CEQA is not applicable. However, this modification will continue to achieve the purposes of the adopted Ordinance (i.e. reduce potential environmental impacts of warehouse development) while insulating smaller warehouse operations from additional development standards that could render their projects/businesses financially impractical.

Currently adopted warehouse standards could prevent smaller businesses from being able to continue or locate in Stockton due to the scale of development costs. Further, the 10 most recent logistics projects in Stockton have averaged 850,000 square feet, with individual operation size increasing consistently over the past decade. In the last 8 years, the average warehouse size has been approximately 420,000 square feet, indicating that the increased threshold is appropriate for Stockton.

Modification #2: Exempt Projects within the City Limit as of 2023 Description
Consideration of the following addition: Warehouse Ordinance standards shall not apply to any new building constructed on property that was incorporated into the City of Stockton prior to December 31, 2023.

Development Considerations
 The recently adopted Warehouse Ordinance (effective January 11, 2024) would not apply to new logistic warehouse facilities constructed on vacant properties that were located within the Stockton City Limits prior to December 31, 2023. 1773

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4  Ordinance Standards would only apply towards future warehouse logistics development projects that were not currently in the Stockton City Limits as of December 31, 2023.
 SMC Section 16.04.050 already regulates project applicability and “vested” rights of completed applications when new Code standards are adopted. The inclusion of the additional “vesting” option would limit the City’s use of the warehouse standards to future annexation projects that meet the size thresholds. Either at the time of the annexation or after.
 This request refers to policy determination as opposed to land use - how the City wishes to utilize the new warehouse standards, rather than an additional means to lock in development rights.

Environmental Considerations
This modification would limit ordinance mitigation to new projects on land annexed into the City starting in 2024. It would need to be determined whether the ordinance would apply to rezoning of land (including prior annexations amended to allow industrial uses).

Feasibility
SMC Section 16.04.050 already regulates project applicability and “vested” rights of completed applications when new Code standards are adopted. It is not necessarily uncommon to identify certain exemptions from new Code standards, however language should clearly indicate that the exemption is specific to the issue at hand; in this case the applicability of SMC Section 16.80.390 on warehouse development projects located on lands annexed prior to December 31, 2023. Exempting adopted warehouse development standards on parcels currently in the City limits will increase the feasibility of logistic warehouse development on said parcels.

Modification #3: Adjustments to minimum setback standards when adjacent to sensitive receptors
Description
When abutting sensitive receptors:
 Addition of a 2:1 building setback to building height ratio requirement (i.e. 2 feet of setback from property line for every 1 foot of building height);  Remove “physically impossible” consideration for unique site constraints in complying with 300-foot loading dock setback requirement;  Remove the use of ‘EV only’ loading docks within the 300-foot loading dock setback area;
 Prohibit loading docks, truck entries and drive aisles within the 300-foot loading dock setback area;
Development Considerations
 Prohibition of all truck (Electric Vehicle and Fuel) movement, parking, and access within 300-feet of any sensitive receptor defined by code will impact future site design including building placement, location of parking, and access, with only landscaping allowed in the buffer area.
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5  The Change would achieve the Environmental Justice Alliance’s desired result of completely prohibiting trucks within 300-feet of a defined sensitive receptor.  Could significantly impact site design for smaller projects where the project site does not have enough spaces to accommodate a total restriction of trucks within 300-feet. For example, a 5.5-acre site proposing a 100,000 square foot warehouse facility could have a project boundary of around 480 feet x 480 feet. A 300-foot buffer restriction would restrict truck movement to less than 25-percent of the site of the entire project site should it be boarded on one side by a sensitive receptor.  Could result in larger land annexations to accommodate the 300-foor buffer restriction.

Environmental Considerations
The proposed standard is consistent with State, local, and best management practices.

The new loading standard maintains the intent of the existing 300-foot buffer requirement and increases the setback distance from the building to the sensitive receptors which will reduce noise, visibility, and possibly also odor impacts.

It is important to note that, absent adoption of the ordinance, ministerial projects would not be required to exceed minimum standards, therefore, these standards will lessen environmental impacts for all future projects and align with the State’s objectives on reducing noise, visibility, and possible odor impacts to sensitive receptors.

The modification could increase air quality protection for adjacent sensitive receptors; however, an analysis would need to be performed, which would be difficult without project specific impacts to compare to.

This modification could also lead to the accelerated loss of farmland as future annexation projects may need to bring in additional acreage to accommodate the 300-foot buffer.

Feasibility
The adopted ordinance already includes a 300-foot setback for loading docks. This modification could significantly impact site design on parcels close to the current minimum lot size (5.5 acres for a 100,000 square foot warehouse). For example, truck movement on a 5.5-acre site proposing a >100,000 square feet facility would be restricted to less than 25% of the site, which is also where buildings would typically be located (see Attachment C - Workshop Presentation, “Setback Project Example” slide). Limitations on placement and size of buildings could severely reduce the feasibility of warehousing operations on smaller parcels. The current ordinance allows a smaller setback if loading docks are limited to only EV trucks within the 300-foot buffer.

Since the total amount of warehouse space would be significantly reduced by the restriction of truck movement (EV and fossil fuel) within the 300-foot buffer, it is infeasible due to its impracticality, technological and economic factors.

An analysis conducted by staff using Geographic Information Systems (GIS) mapping indicated that a 300-foot buffer would have a significant impact, reducing buildable area 1775

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6 by 60-80 percent for project sites 5-to-6 acres in size. Parcels that were large enough and not next to receptors that would trigger the buffer requirement were identified within the City’s sphere of influence, but not in a legally eligible position to be annexed into the City as they were not contiguous to the City limits (defined as “territory adjacent to an agency to which annexation is proposed”), a State (Local Government Reorganization Act) and local requirement for annexation consideration. Thus, reducing the availability of developable land options for future annexation and potentially discouraging economic investment in Stockton.

This requirement could also result in the effective loss of all viable use of some industrial parcels in Stockton. Generally, an industrial developer makes full use of a site, given the needs for truck movement onsite, employee parking, stormwater management, and other needs. The required setback area could necessitate the developer purchasing additional land area that would provide no economic benefit for the property owner or tenant.

PlaceWorks reviewed ten recent Stockton warehouse projects1,four of which appear as though a buffer would be required if developed under the proposed language.

PlaceWorks estimates the total property line length for these four buffers would be 13,135 feet. Across the four sites, the 300-foot buffer would require the purchase of an additional

90.5 acres of land (assuming the developer builds similarly sized warehouses and simply purchases additional land to accommodate the buffer). This additional land area would be a 28 percent increase in site area for the four projects, with the individual sites requiring an increase in size ranging from 23 to 52 percent, without providing increased indoor operational capacity.

Based on an analysis of industrial property sales in San Joaquin County from 2021 to 2023, PlaceWorks, estimates the cost to acquire industrial zoned land at $699,000 per acre. At this land value, the 300-foot buffer would increase the cost of development by $15.8 million based on a weighted average for the four projects evaluated. If these projects were developed under the proposed language and had to purchase additional land to accommodate a 300-foot buffer, lease rates would need to increase by $0.09 per square foot per month (based on a permanent loan for the full cost2 of the additional land, with an interest rate of 7.07 percent, and a debt service coverage ratio of 1.45, representing third quarter 2023 market conditions as reported by RealtyRates.com). This would represent a 13 percent increase in the average lease rate, $0.71 per square foot per month, as reported by CB Richard Ellis for Stockton in their Central Valley Industrial Figures Q3 2023 report. Currently, Stockton has the third highest lease rates in the Central Valley, and an increase of $0.09 would push it into second place, just behind Tracy, where the average lease rate is $0.82. However, this accounts just for the cost of the land; the cost of providing landscaping also needs to be considered. 1 Permit numbers: P19‐0189, P20‐0114, P20‐0115, P20‐0242, P20‐0395, P20‐0805, P21‐0277, P21‐0576, P21‐0980. 2 Typically, a construcƟon loan might provide half the cost of land acquisiƟon, with the developer’s equity investment making up the remainder. It is very unlikely that a warehouse would be financially feasible if the developer is required to invest an addiƟonal $7.9 million to purchase land that generates no economic acƟvity.

However, it is also not certain whether a developer would be able to finance the full buffer‐area acquisiƟon through the construcƟon loan or permanent loan.
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7 An alternative result could be an increase in larger annexation proposals in order to develop warehouses in accordance with the adopted ordinance – accelerating the permanent elimination of farmland, in direct contradiction with San Joaquin County General Plan (SJC GP)3, the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), and Sierra Club California Urban Growth Management Policy Guidelines4. Further, the premature conversion of farmland could create pressure to develop on surrounding agricultural lands, conflicting with SJC GP Goal LU-7 Provide for the long-term preservation of productive farmland.

Modification #4: Solar Equipment Installation Requirements Description
Consideration of the following addition: The solar system installation should be done by owners, operators, tenants, or a qualified solar system contractor.

Development Considerations
 Current permitting process already requires this for solar system construction permit approval.

Environmental Considerations
Solar is the only commercial-scale proven clean energy source to reduce GHG emissions typically associated with warehouse operations, but other clean energy sources are in development and realistically could emerge in the coming years. While the adopted warehouse ordinance includes new solar requirements and definitions, the proposed modification does not increase or decrease the amount of solar used in the project. Only how they are installed.

Feasibility
This modification would have no effect on feasibility in comparison with the solar requirement in the current ordinance.

Modification #5: Expand Electric Truck Charging Facilities Description
Facilitate future charging stations by expanding the current electric vehicle charging station infrastructure requirement to include light-heavy duty (LHD) and medium-heavy duty (MHD) in addition to heavy-heavy duty (HHD) trucks. It also includes new Electric Vehicle Chargers Stations (EVCS) standards for EV truck conduits to be installed. This does not require charging stations, but instead, that truck docking stations provide EV ready hook-ups to meet future needs. Conduit should be provided on the site to serve 3 Goal LU ‐1.7 Farmland PreservaƟon 4 hƩps://www.sierraclub.org/sites/default/files/sce/mother‐lode‐ chapter/Website/Growth%20Management%20Guidelines.pdf
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8 50% of the number of truck docking stations. Location of conduit is at discretion of the developer (e.g., truck trailer parking spaces or docking stations).

Development Considerations
 Could potentially lead to more EV charging stations and EV-ready facilities.  Potential added cost for additional spaces.
 Currently adopted California Green Building Standards Code (CALGreen) generally already requires this. In addition to the conduit requirements, CALGreen currently requires upsizing of the electrical service to accommodate future medium- and heavy-duty EVCS for warehouse uses.

CALGreen Code Section 5.106.5.4 requires installation of power supply equipment for medium- and heavy-duty electric vehicles in conjunction with new warehousing uses.

Section 5.106.5.4.1 also requires electric vehicle charging readiness features, in part to avoid future demolition when adding EV supply and distribution equipment, including spare raceway(s) or busway(s) and adequate capacity for transformer(s). Service panels or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment, and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EV supply equipment.

2. The construction documents shall include one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.1.

5. CALGreen Table 5.106.5.4.1: (shortened for clarity)
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9 RACEWAY CONDUIT AND PANEL POWER REQUIREMENTS FOR MEDIUM- AND

HEAVY-DUTY EVSE

BUILDING SIZE
(SQUARE FEET)

NUMBER OF

OFF-STREET

LOADING SPACES

ADDITIONAL CAPACITY REQUIRED
(KVA) FOR RACEWAY & BUSWAY

AND TRANSFORMER & PANEL
20,000 to 256,000
1 or 2 200
3 or Greater 400
Greater than 256,000 1 or Greater 400
Environmental Considerations
This modification is current business as usual since California Green Building Standards Code (CALGreen) generally already requires these facilities for warehouse uses.

Feasibility
Given that CALGreen standards generally mirror this requirement, determining feasibility is a moot point. Infrastructure for both medium duty and light duty EV trucks currently carries a substantial cost increase compared to that for diesel trucks; however, the extent of this added cost will vary depending on how many trucks in a fleet would meet the definition of being domiciled at the warehouse facility.

Due to the current market restrictions for providing a full EV fleet, it can be difficult to assess at the time of building permit how many EV spaces or capacity will be needed, but this modification only requires the installation of conduit and therefore does not consume site coverage that might be needed for other uses until EV truck parking is needed in the future.

Modification #6: Expand Electric Automobile Charging Facilities Description
Consideration of the following additions:
 At least 10% of all passenger vehicle parking spaces shall be electric vehicle (EV) ready, with all necessary conduit and related appurtenances installed.  At least 5% of all passenger vehicle parking spaces shall be equipped with working Level 2 Quick charge EV charging stations installed and operational, prior to building occupancy.
 Signage shall be installed indicating EV charging stations and specifying that spaces are reserved for clean air/EV vehicles.
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10  Unless superior technology is developed that would replace the EV charging units, facility operator and any successors in interest shall be responsible for maintaining the EV charging stations in working order for the life of the facility.

Development Considerations
 Potential additional EV charging and quick charging spaces.  Potential added Cost for additional spaces.
 Current adopted California Green Building Standards Code (CALGreen) generally requires this. CALGreen currently has minimum requirements to provide EV capable spaces in quantities greater than the proposed amendment and substantially similar requirements for spaces provided with EV equipment.

CALGreen currently requires Level 2 chargers or the highest-level Direct Current Fast Charging type.

CALGreen Code Section 5.106.5.3 Electric vehicle (EV) charging: Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. CALGreen Code Section 5.106.5.3.1 EV capable spaces: EV capable spaces shall be provided in accordance with Table

5.106.5.3.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1- inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel serving the area and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each Electric Vehicle Charging Station (EVCS).

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.”
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11 CALGreen Table 5.106.5.3.1

TOTAL NUMBER

OF ACTUAL

PARKING
SPACES

NUMBER OF

REQUIRED

EVCAPABLE
SPACES

NUMBER OF EVCS (EV CAPABLE
SPACES PROVIDED WITH EVSE)2
0–9 0 0
10-25 4 0
26–50 8 2
51–75 13 3
76–100 17 4
101–150 25 6
151–200 35 9
201 and over 20 percent of total1 25 percent of EV capable spaces1 CALGreen Code Section 5.106.5.3.2 Electric vehicle charging stations (EVCS):

EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided. One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

Environmental Considerations
This modification is current business as usual since California Green Building Standards Code (CALGreen) generally already requires these facilities, including Level 2 chargers or the highest-level Direct Current Fast Charging type.

Feasibility
It can be very difficult to assess at the time of building permit how many extra EV spaces or capacity will be needed, and an initial estimate below actual demand could render future tenants in violation of this ordinance and lead to undue effort and cost to supplementing EV areas beyond the parking needed.

The California Green Building Standard Code (CALGreen) currently has minimum requirements to provide EV capable spaces in quantities greater than the proposed amendment and substantially similar requirements for spaces provided with EV equipment. CALGreen is currently adopted and enforceable in the City of Stockton per 1781

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12 Ordinance No. 2022-11-15-1203. The amendment requests 10% of all passenger vehicle spaces are EV capable spaces with 5% of all passenger vehicle spaces provided with EV equipment. For a typically sized warehouse development (row 5 or greater in the table above), CALGreen will require 16-20% EV capable spaces and 4-5% of spaces provided with EV equipment. Further, the amendment requests Level 2 chargers in EV equipped spaces. CALGreen already requires Level 2 chargers or the highest-level Direct Current Fast Charging type. This part of the request is not a higher standard than current minimum code. The 5% EV equipped requirement in the amendment may be slightly higher than current minimum code in some cases depending on number of spaces in the development, and current minimum code does not address the maintenance of EV equipment for the life of the facility as requested in the amendment. Given that CALGreen standards generally exceed this requirement, determining feasibility is a moot point.

SUMMARY
The City finds that the modifications would have the following environmental and economic benefits:

Feasibility Findings
 The proposed are consistent with statewide and local best management practices and will automatically correspond with changes in minimum building requirements (CALGreen) and air quality standards adopted by the State to meet State Carbon Neutrality objectives, including project reviews, construction standards and practices, and monitoring by regional and State agencies.  The proposed measures are consistent with many General Plan policies for environmental review, and enhanced design standards.
 The proposed standards are consistent with the provisions of the Municipal Code and do not conflict with other industrial and zoning standards and would supersede any conflicting measure as they are specific to logistic warehouses of a certain size.
 The modifications have been designed to be objective and applied to all applicable projects.

Alternative Standards Findings
 Absent adoption of the ordinance modifications, discretionary and ministerial projects would still be subject to the existing warehouse ordinance. Discretionary projects are also subject to CEQA to mitigate any project related impact.  The proposed modifications may result in added costs, but larger projects could offset the revenue loss from exempting projects less than 400,000 square feet.

Reduction of Environmental Impacts Findings
 The modifications provide some enhanced mitigation (buffer) for future project review that could lead to air quality through greater proximity from receptors to 1782

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13 trucks; area; however, many of the modifications seem to already be required per Building Code (EV auto and trucks) or current development practices (solar installation). While some of the active warehouse projects seeking entitlements are exempt from the warehouse standards, their environmental review includes analysis utilizing similar mitigation requirements.
 State and Regional Agencies will continue to enforce stricter climate change requirements regarding air quality, water quality, and building standards. All future projects will have to comply with state and local air quality and climate standards.

This includes ministerial projects not subject to CEQA.

Exhibit 1- Warehouse Building Permits
1783
DATE OPENED STATUS STATUS DATE RECORD ID ADDR FULL LINE# Category Sub Category Total Sq Ft Current STATUS DATE STATUS 12/29/2016 Issued 5/11/2017 BP16-08352 3534 IMPERIAL WY, STOCKTON, CA 95215 Warehouse New Construction 187,644 Finaled 6/14/2018 1/19/2017 Issued 6/22/2017 BP17-00300 4532 NEWCASTLE RD, STOCKTON, CA 95215 Warehouse New Construction 1,122,341 Finaled 5/18/2018 1/19/2017 Issued 7/5/2017 BP17-00302 4601 NEWCASTLE RD, STOCKTON, CA 95215 Warehouse New Construction 388,183 Finaled 5/18/2018 1/19/2017 Issued 7/5/2017 BP17-00303 4733 NEWCASTLE RD, STOCKTON, CA 95215 Warehouse New Construction 186,944 Finaled 5/18/2018 4/6/2017 Issued 9/7/2017 BP17-01999 6868 ARCH RD, STOCKTON, CA 95215 Warehouse New Construction 506,844 Finaled 12/20/2018 2/28/2017 Issued 9/22/2017 BP17-01048 1052 PERFORMANCE DR, #100, STOCKTON, CA 95206 Warehouse New Construction 164,000 Finaled 9/21/2018 8/7/2017 Issued 10/25/2017 BP17-05061 3923 S B ST, STOCKTON, CA 95206 Warehouse New Construction 615,440 Finaled 7/18/2018 7/14/2017 Issued 4/3/2018 BP17-04391 1440 PERFORMANCE DR, STOCKTON, CA 95206 Warehouse New Construction 185,193 Finaled 3/6/2019 4/17/2018 Issued 8/13/2018 BP18-03378 4747 LOGISTICS DR, STOCKTON, CA 95215 Warehouse New Construction 285,480 Finaled 8/28/2019 8/10/2018 Issued 10/11/2018 BP18-06413 2829 W WASHINGTON ST, STOCKTON, CA 95203 Industrial New Construction 124,695 Finaled 9/17/2019 9/12/2018 Issued 1/11/2019 BP18-07162 4580 LOGISTICS DR, STOCKTON, CA 95215 Warehouse New Construction 709,556 Finaled 12/12/2019 1/23/2018 Issued 4/3/2019 BP18-01430 4239 POCK LN, STOCKTON, CA 95206 Industrial New Construction 198,976 Finaled 5/4/2020 10/5/2018 Issued 4/25/2019 BP18-07696 6440 AVIATION DR, STOCKTON, CA 95206 Warehouse New Construction 419,608 Final Pending 8/20/2020 11/5/2018 Issued 9/9/2019 BP18-08291 6444 ARCH RD, STOCKTON, CA 95215 Warehouse New Construction 383,382 Finaled 10/15/2020 6/13/2019 Issued 1/15/2020 BP19-04141 2018 ZEPHYR ST, STOCKTON, CA 95206 Warehouse New Construction 573,216 Finaled 6/30/2021 7/8/2019 Issued 6/8/2020 BP19-04757 4466 POCK LN, STOCKTON, CA 95206 Warehouse New Construction 143,448 Finaled 8/18/2021 8/5/2020 Issued 12/9/2020 BP20-04778 6001 AUSTIN RD, STOCKTON, CA 95215 Warehouse New Construction 638,985 Finaled 7/18/2022 12/9/2020 Issued 6/17/2021 BP20-08136 4441 ALITALIA AV, STOCKTON, CA 95206 Warehouse New Construction 118,262 Finaled 7/22/2022 3/22/2021 Issued 7/28/2021 BP21-01936 4800 LOGISTICS DR, STOCKTON, CA 95215 Warehouse New Construction 707,154 Re-Issued 3/22/2023 4/16/2021 Issued 11/8/2021 BP21-02651 8527 S AIRPORT WY, STOCKTON, CA 95206 Warehouse New Construction 223,262 Finaled 8/23/2023 4/16/2021 Issued 11/8/2021 BP21-02652 8497 S AIRPORT WY, STOCKTON, CA 95206 Warehouse New Construction 172,262 Finaled 9/13/2023 4/16/2021 Issued 11/8/2021 BP21-02650 8547 S AIRPORT WY, STOCKTON, CA 95206 Warehouse New Construction 213,035 Finaled 8/22/2023 9/14/2021 Issued 12/22/2021 BP21-07103 3632 PETERSEN RD, STOCKTON, CA 95215 Warehouse Addition 190,182 Finaled 9/26/2022 7/21/2021 Issued 2/9/2022 BP21-05443 2228 S SINCLAIR AV, STOCKTON, CA 95215 Warehouse New Construction 197,876 Finaled 7/13/2023 7/21/2021 Issued 2/9/2022 BP21-05440 2216 S SINCLAIR AV, STOCKTON, CA 95215 Warehouse New Construction 265,496 Finaled 8/3/2023 11/22/2021 Issued 4/28/2022 BP21-09155 5959 ARCH RD, STOCKTON, CA 95215 Warehouse New Construction 599,668 Re-Issued 4/14/2023 9/28/2021 Issued 5/5/2022 BP21-07487 1021 INDUSTRIAL DR, STOCKTON, CA 95206 Warehouse New Construction 833,220 Re-Issued 8/3/2022 9/27/2021 Issued 5/5/2022 BP21-07458 1021 INDUSTRIAL DR, STOCKTON, CA 95206 Warehouse New Construction 121,660 Re-Issued 9/3/2022 9/27/2021 Issued 5/5/2022 BP21-07452 1021 INDUSTRIAL DR, STOCKTON, CA 95206 Warehouse New Construction 176,285 Re-Issued 8/3/2022 12/6/2021 Issued 6/6/2022 BP21-09518 6440 E MARIPOSA RD, STOCKTON, CA 95215 Industrial New Construction 922,894 Re-Issued 11/8/2022 4/29/2021 Issued 6/7/2022 BP21-02961 4810 FITE CT, STOCKTON, CA 95215 Warehouse New Construction 122,146 Finaled 6/9/2023 2/10/2022 Issued 7/25/2022 BP22-01236 6401 S AUSTIN RD, STOCKTON, CA 95215 Warehouse New Construction 654,304 Re-Issued 11/7/2022 1/31/2022 Issued 11/16/2022 BP22-00862 5150 ARCH RD, STOCKTON, CA 95215 Warehouse New Construction 1,015,791 Re-Issued 10/3/2023 2/7/2023 Issued 6/29/2023 BP23-00919 1513 BOEING WY, STOCKTON, CA 95206 Warehouse New Construction 104,514 Re-Issued 11/13/2023 2/7/2023 Issued 6/29/2023 BP23-00920 1619 BOEING WY, STOCKTON, CA 95206 Warehouse New Construction 112,941 Re-Issued 11/13/2023 12/21/2022 Issued 12/21/2023 BP22-11833 5150 E MARIPOSA RD, STOCKTON, CA 95215 Warehouse New Construction 1,422,961 Issued 12/21/2023 Exhibit 1-Warehouse Building Permits

ATTACHMENT E
1784
Resolution No.2024-05-09-0501

STOCKTON PLANNING COMMISSION

RESOLUTION RECOMMENDING THE CITY COUNCIL FIND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED; AND ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE, SECTION 16.80.390

RELATED INDUSTRIAL WAREHOUSE STANDARDS
On December 12, 2024, the Stockton City Council adopted a new industrial warehouse ordinance in compliance with separate settlement agreements between the City and the State Attorney General's Office (AG) and Sierra Club, in relation to a specific industrial project. During the adoption public hearing, in response to public comment, Council directed staff to explore six (6) additional modifications related to warehouse size and ordinance applicability and certain development standards via an ordinance amendment for their approval consideration no later than July 2024; and In early 2024, Staff initiated the preparation of a potential amendment to existing warehouse ordinance by conducting research and gathering information on available standards and even hosted a Public Workshop on March 6, 2024, to solicit feedback from the public; and
On March 28, 2024, staff held an informational session with the Planning Commission to discuss and work through potential modifications to development standards as an amendment to the Industrial Warehouse Ordinance language. At the conclusion, Staff received direction from the Planning Commission, based on their consensus, for preparing ordinance that includes certain modifications to three of the six potential modifications under consideration, that related to warehouse size and ordinance applicability, and proposed code language to clarify EV truck types subject to required charging facilities. The three remaining modifications related to Setback, Solar, and EV Auto Charging Facilities were not supported for amendment; and On May 9, 2024, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(0), to consider the proposed Amendments, at which all times all interested parties had the opportunity to be heard. At the conclusion of the meeting, the Commission expressed their preference for recommending the City Council adopt an Amendment to the Industrial Warehouse Ordinance; now, therefore,

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Pursuant to SMC Section 16.116.0S0(B), the Planning Commission makes the following Mandatory Findings of Fact for the Development Code Amendments:

ATTACHMENT F - Approved Resolution 1785
a. 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. b. 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 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 logistic warehouses.

ATTACHMENT F - Approved Resolution 1786
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 logistic 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).
d. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

2. The Planning Commission hereby approves a Resolution recommending the City Council adopt an Ordinance amending Title 16 of the Stockton Development Code, Section 16.80.390 (Exhibit 1 ), based on the findings and evidence detailed above.

PASSED, APPROVED, and ADOPTED -----'-'-'M=ay"'---"'-9,'"""2"-"0-=2-'-4 __ TERRY HULt, CHAIR
City of Stockton Planning Commission
M
City of Stockton Planning Commission
ATTACHMENT F - Approved Resolution 1787
Exhibit 1 - Proposed Ordinance
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE SECTION 16.80.390 RELATED TO INDUSTRIAL WAREHOUSE
STANDARDS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

16.116.050.

These amendments are internally consistent with all policy and supportive regulatory documents.

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.

ATTACHMENT F - Approved Resolution 1788
Exhibit 1 - Proposed Ordinance
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).

4. 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 ATTACHMENT F - Approved Resolution 1789
Exhibit 1 - Proposed Ordinance
will be reviewed for their compliance with all federal, state, and local standards.

A. Applicability. The standards will apply to the following applications:

1. To all logistics warehouses 400,000 square feet in size or greater.

Logistics Warehouses are considered facilities used for the storage of farm products, furniture, household goods, or other commercial goods for distribution to wholesalers and/or retailers, including cold storage.

2. The standards provided in this section (SMC 16.80.390) shall not apply to any new building constructed on property that was incorporated into the City of Stockton prior to December 31, 2023.

B. Development Standards.

ATTACHMENT F - Approved Resolution 1790
Exhibit 1 - Proposed Ordinance
c. The buffer shall be landscaped and not be less than 50 percent 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. d. 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).
e. 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.
f. All on and off-site landscaping shall comply with SMC Chapter

ATTACHMENT F - Approved Resolution 1791
Exhibit 1 - Proposed Ordinance
o. 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. p. Signs �hall 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.
q. 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.
r. Upon commencement of operations, the tenanUoperator 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.

Prior to the issuance of building permits, the
applicanUdeveloper of the qualifying facility(ies) shall demonstrate (e.g., provide building plans) that the
proposed buildings are designed and will be built.
d. Each developer of an individual specific development proposal shall prepare the subject building structures in such a way to accommodate future solar panels pursuant
to applicable Building Code requirements.

ATTACHMENT F - Approved Resolution 1792
Exhibit 1 - Proposed Ordinance
e. The building permit application for qualifying facilities must demonstrate that sufficient power will be provided from clean energy sources for the operational base power use at the start of operations. Developers shall have the
following options, or any combination of options, for
procuring clean energy to meet operational base power
needs for new building structures. Options may include 1) installing solar panels on the subject building or building site, and/or 2) procuring 100% clean energy from AVA
Community Energy, and/or 3) participating in California's Community Solar Program.
f. 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 nonexhaustive examples, loads for specialized equipment, non-standard automation or material handling systems,
and chargers for heavy-duty trucks.
g. The office portion of a building's rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78.
h. Electrical Room Sizing. To ensure that warehouse
electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.
i. Warehouse Dock Seal Doors. Exterior loading dock doors that are adjacent to conditioned or indirectly conditioned spaces shall have dock seals or dock shelters installed at the time of permitting.
j
. Onsite Equipment Infrastructure. Project should provide infrastructure to support charging of electric power onsite equipment.
k. Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510
ATTACHMENT F - Approved Resolution 1793
Exhibit 1 - Proposed Ordinance
(Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.

I. Tenant/Operator of the qualifying facility(ies) shall enroll 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.

3. 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.
a. Qualifying facilities shall-comply with the San Joaquin Valley Air Pollution Control District (SJVAPCD)
requirements prior to beginning construction.
b. All off-road construction equipment, with a power rating of less than 19 kilowatts (e.g., plate compactors, pressure washers, shall be electric-powered.
c. Subject to all other idling restrictions, off-road dieselpowered construction equipment shall not be left in the "on position" for more than 10 hours per day.
d. Temporary electrical hookups to all construction yards and associated work areas shall be required.
e. 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 callline for those interested in filing a complaint. Any complaints made to the facility operator's designee shall be answered within 72 hours of receipt.
f. 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. g. 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.

ATTACHMENT F - Approved Resolution 1794
Exhibit 1 - Proposed Ordinance
h. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.