Agenda packet — City Council and Concurrent Authorities, November 18, 2025 (part 6 of 7)

Step 1:

Therefore:

Average Daily VMT:
96,884 Source: WK Shijo Consulting, 2023
Step 2: Given:

Fleet Mix (CalEEMod Output)
LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH

37.37% 3.63% 11.71% 10.11% 1.74% 0.42% 0.87% 32.21% 0.03% 0.02% 1.58% 0.08% 0.23% And:

Gasoline MPG Factors for each Vehicle Class - Year 2025 (EMFAC2021 Output) LDA LDT1 LDT2 MDV MCY MH

29.549 24.672 24.006 19.249 40.421 4.413
Diesel MPG Factors for each Vehicle Class - Year 2023 (EMFAC2021 Output) LHD1 LHD2 MHD HHD OBUS UBUS SBUS

15.896 13.198 8.712 5.690 4.801 9.456 8.215
Therefore:

Weighted Average MPG Factors
Gasoline: 26.8 Diesel: 6.4
Step 3: Therefore:
2,334 daily gallons of gasoline 5,395 daily gallons of diesel or
851,728 annual gallons of gasoline 1,969,247 annual gallons of diesel EXHIBIT 1
1252
Off-road Mobile (Construction) Energy Usage
Note: For the sake of simplicity, and as a conservative estimation, it was assumed that all off-road vehicles use diesel fuel as an energy source.

Given Factor: 1,054.8 metric tons CO2 (provided in CalEEMod Output File) Conversion Factor: 2204.6262 pounds per metric ton
Intermediate Result: 2,325,396 pounds CO2
Conversion Factor: 22.38 pounds CO2 per 1 gallon of diesel fuel Source: U.S. EIA, 2016 Final Result: 103,905 gallons diesel fuel http://www.eia.gov/tools/faqs/faq.cfm?id=307&t=11 Mitigated Onsite Scenario Total CO2 (MT/yr) (provided in CalEEMod Output File) Site Preparation 145
Grading 180
------------------------------------------------------------------------------------· EXHIBIT 1
1253
On-road Mobile (Construction) Energy Usage - Site Preparation Note: Year 2021 MPG factors were derived for construction-releated energy consumption (for the sake of a conservative estimate).

Step 1: Total Daily Worker Trips (CalEEMod Output)
18 Worker Trip Length (miles) (CalEEMod Output)

11.9 Therefore:

Average Worker Daily VMT:
214
Step 2: Given:

Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2

0.5 0.25 0.25
And:

Gasoline MPG Factors for each Vehicle Class (EMFAC2021 Output) - Year 2023 LDA LDT1 LDT2

28.55 23.82 22.98
Therefore:

Weighted Average Worker MPG Factor

26.0 Step 3: Therefore:

8.2 Worker daily gallons of gasoline
Step 4: 60 # of Days (CalEEMod Output)
Therefore:

Result: 495 Total gallons of gasoline
-
-
-
-
-
EXHIBIT 1
1254
On-road Mobile (Construction) Energy Usage - Grading
Note: Year 2021 MPG factors were derived for construction-releated energy consumption (for the sake of a conservative estimate).

Step 1: Total Daily Worker Trips (CalEEMod Output) Total Hauling Trips (CalEEMod Output) 20 -
Worker Trip Length (miles) (CalEEMod Output) Hauling Trip Length (miles) (CalEEMod Output)

11.9 20
Therefore:

Average Worker Daily VMT: Average Vendor Daily VMT:
238 -
Step 2: Given:

Assumed Fleet Mix for Workers
LDA LDT1 LDT2 Fleet Mix for Workers (Conservative Estimate)

0.5 0.25 0.25 MHD HHD
(Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) 0% 100% And:

Gasoline MPG Factors for each Vehicle Class (EMFAC2021 Output) - Year 2023 LDA LDT1 LDT2 Diesel:

28.55 23.82 22.98 MHD HHD

8.58 5.60
Therefore:

Weighted Average Worker MPG Factor Weighted Average Hauling (Diesel) MPG Factor

26.0 5.6
Step 3: Therefore:

9.2 Worker daily gallons of gasoline
Step 4: 60 # of Days (CalEEMod Output)
Therefore: Therefore:

Result: 550 Total gallons of gasoline - Total gallons of diesel - -
- -
-
- -
EXHIBIT 1
1255
On-road Mobile (Construction) Energy Usage - Building Construction Note: Year 2021 MPG factors were derived for construction-releated energy consumption (for the sake of a conservative estimate).

Step 1: Total Daily Worker Trips (CalEEMod Output) Total Daily Vendor Trips (CalEEMod Output) 578 151
Note: Assumes 5% of workers are on-site on a given day. Note: Assumes 5% of workers are on-site on a given day.

Worker Trip Length (miles) (CalEEMod Output) Vendor Trip Length (miles) (CalEEMod Output)

11.9 9.1
Therefore:

Average Worker Daily VMT: Average Vendor Daily VMT:
344 69
Step 2: Given:

Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2 Fleet Mix for Workers (CalEEMod Output)

0.5 0.25 0.25 MHD HHD
Assumed Fleet Mix for Vendors 100% 0%
And:

MPG Factors for each Vehicle Class (from EMFAC2021) - Year 2023 Gasoline: Diesel:

LDA LDT1 LDT2 MHD HHD

28.55 23.82 22.98 8.58 5.60
Therefore:

Weighted Average Worker (Gasoline) MPG Factor Weighted Average Vendor (Diesel) MPG Factor

26.0 8.6
Step 3: Therefore: Therefore:
13 Worker daily gallons of gasoline 8 Vendor daily gallons of diesel Step 4: 600 # of Days (CalEEMod Output)
Therefore: Therefore:
7,944 Total gallons of gasoline 4,805 Total gallons of diesel EXHIBIT 1
1256
On-road Mobile (Construction) Energy Usage - Paving
Note: Year 2021 MPG factors were derived for construction-releated energy consumption (for the sake of a conservative estimate).

Step 1: Total Daily Worker Trips (CalEEMod Output)
15 Worker Trip Length (miles) (CalEEMod Output)

11.9 Therefore:

Average Worker Daily VMT:
179
Step 2: Given:

Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2

0.5 0.25 0.25
And:

Gasoline MPG Factors for each Vehicle Class (EMFAC2021 Output) - Year 2023 LDA LDT1 LDT2

28.55 23.82 22.98
Therefore:

Weighted Average Worker MPG Factor

26.0 Step 3: Therefore:

6.9 Worker daily gallons of gasoline
Step 4: 100 # of Days (CalEEMod Output)
Therefore:

Result: 687 Total gallons of gasoline
-
-
-
-
-
EXHIBIT 1
1257
On-road Mobile (Construction) Energy Usage - Architectural Coating Note: Year 2021 MPG factors were derived for construction-releated energy consumption (for the sake of a conservative estimate).

Step 1: Total Daily Worker Trips (CalEEMod Output)
116
Worker Trip Length (miles) (CalEEMod Output)

11.9 Therefore:

Average Worker Daily VMT:
1,380
Step 2: Given:

Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2

0.5 0.25 0.25
And:

Gasoline MPG Factors for each Vehicle Class (EMFAC2021 Output) - Year 2023 LDA LDT1 LDT2

28.55 23.82 22.98
Therefore:

Weighted Average Worker MPG Factor

26.0 Step 3: Therefore:

53.1 Worker daily gallons of gasoline
Step 4: 100 # of Days (CalEEMod Output)
Therefore:

Result: 5,314 Total gallons of gasoline
-
-
-
-
-
EXHIBIT 1
1258
Source: EMFAC2021 (v1.0.1) Emission Rates
Region Type: County
Region: San Joaquin
Calendar Year: 2022
Season: Annual
Vehicle Classification: EMFAC202x Categories
Units: miles/day for CVMT and EVMT, g/mile for RUNEX, PMBW and PMTW, mph for Speed, kWh/mile for Energy Consumption, gallon/mile for Fuel Consumption. PHEV calculated based on total VMT.

Region Calendar Year Vehicle Category Model Year Speed Fuel Total VMT PM10_RUNEX San Joaquin 2022 T7 Tractor Class 8 Aggregate 10 Diesel 1683.346604 0.014003507 San Joaquin 2022 T7 Tractor Class 8 Aggregate 55 Diesel 20401.71991 0.02163113 EXHIBIT 1
1259
Mobile Truck Emissions pounds per gram: 0.002205
On-site Pickup, Loading, and Return for Storage hours per day: 24 Line Source Volume #1:

Assumptions: Factor: Source:

1. Total travel distance per truck trip (one-day): 0.5 miles As measured by Google Maps (conservative estimate)

2. # of HDD trucks trips per day: 114.4 trips Fehr & Peers, 2022

3. PM10 Mobile Emissions Factor: 0.014003507 g/mile EMFAC2021 (San Joaquin County, 10 MPH, Year 2022, T7 Tractor Class 8) Therefore:

Total daily PM10 mobile emissions generated by the project along this line volume source:

0.800676879 g/day-all vehicles

0.001765188 lbs/day-all vehicles

0.644293715 lbs/year-all vehicles
Max Hr Emissions

11.1 Peak hour truck trips (Fehr & Peers, 2022)

0.077850544 g/hr-all vehicles

0.000171631 lbs/hr-all vehicles
EXHIBIT 1
1260
Mobile Truck Emissions pounds per gram: 0.002205
Off-site (0.25 miles distance) hours per day: 24
Line Source Volume #1:

Assumptions: Factor: Source:

1. Total travel distance per truck trip (one-day): 0.25 miles As measured by Google Maps (conservative estimate)

2. # of trucks trips per day: 114.4 trips Fehr & Peers, 2022

3. PM10 Mobile Emissions Factor: 0.02163113 g/mile EMFAC2021 (San Joaquin County, 55 MPH, Year 2022, T7 Tractor Class 8) Therefore:

Total daily PM10 mobile emissions generated by the project along this line volume source:

0.618400293 g/day-all vehicles

0.001363338 lbs/day-all vehicles

0.497618243 lbs/year-all vehicles
Max Hr Emissions

11.1 Peak hour truck trips (Fehr & Peers, 2022)

0.060127625 g/hr-all vehicles

0.000132559 lbs/hr-all vehicles
EXHIBIT 1
1261
Truck Idling Emission Rates
Idling Emission Rates taken from tables 3.2-41 and 42, of the EMFAC2014 Volume III - Technical Documentation Guidebook:
http://www.arb.ca.gov/msei/downloads/emfac2014/emfac2014-vol3-technical-documentation-052015.pdf pounds per gram: 0.00220462 Idling Emissions:

Table 3.2-40: Revised HHD Diesel Truck Low Idle Emission Rates (after 2009) PM10 0.001 g/hr-truck Table 3.2-41: High Idle Emissions Rates for Summer (2009 and later) PM10 0.003 g/hr-truck Note: the following calculation uses an average of the summer and Table 3.2-42: High Idle Emissions Rates for Winter (2009 and later) PM10 0.004 g/hr-truck winter high idle emissions rates for the emission factor calcs.

0.000291667 g/5 minutes-truck Note: Trucks are equiped with 5-min auto shutoff.

0.000291667 g/day-truck
24 hours in day
57 # of trucks/day Source: Fehr & Peers, 2022
2 Idle Points per truck/day Note: Assumption
Therefore: 0.033353182 g/day-all trucks

12.1739113 g/year-all trucks

0.026838848 lbs/year-all trucks

0.030980423
Max Hr Emissions

11.1 Peak hour truck trips (Fehr & Peers, 2022)

0.0064859 g/hr-all vehicles

0.0000143 lbs/hr-all vehicles
EXHIBIT 1
1262
Construction - DPM Exhaust Emissions pounds per ton: 2000 Note: DPM Exhaust Emissions taken from CalEEMod
CalEEMod - Maximum Annual Construction Emissions
Exhaust PM2.5 tons/year (total) Exhaust PM2.5 pounds/year

0.1 200
Total Amoritized over 70 Years

2.857142857 lbs/year

0.000326 lbs/hour
EXHIBIT 1
1263
Totals

4.025894 lbs/year

0.000645 Max hr emissions
EXHIBIT 1
1264
Name
Applicability
Author or updater Last Update
Facility:

ID#:

Project #:

Unit and Process# 1-0 p1
Operating Hours hr/yr 8,760.00
Cancer Chronic Acute
Score Score Score
0< R<100 1.000 9.31E+00 1.38E-02 0.00E+00 9.31E+00
100R<250 0.250 2.33E+00 3.45E-03 0.00E+00 2.33E+00 CAS# Finder 250R<500 0.040 3.72E-01 5.52E-04 0.00E+00 3.72E-01 9901 500R<1000 0.011 1.02E-01 1.52E-04 0.00E+00 1.02E-01
1000R<1500 0.003 2.79E-02 4.14E-05 0.00E+00 2.79E-02
1500R<2000 0.002 1.86E-02 2.76E-05 0.00E+00 1.86E-02
2000<R 0.001 9.31E-03 1.38E-05 0.00E+00 9.31E-03
1-0 p1
Substance CAS#
MW
Correction
Annual
Emissions
(lbs/yr)
Maximum
Hourly
(lbs/hr)
Corrected
Annual
Emissions
(lbs/yr)
Corrected
Maximum
Hourly
(lbs/hr)
Average
Hourly
(lbs/hr) Cancer Chronic Acute
Diesel engine exhaust, particulate matter (Diesel PM) 9901 1.0000 4.03E+00 6.45E-04 4.03E+00 6.45E-04 4.60E-04 9.31E+00 1.38E-02 0.00E+00

0.0000 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00

0.0000 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 0.00E+00 Totals 9.31E+00 1.38E-02 0.00E+00
Receptor Proximity and Proximity Factors
Max Score
Prioritization Calculator
Use to provide a Prioritization score based on the emission potency method. Entries required in yellow areas, output in gray areas.

Matthew Cegielski December 1, 2022
Substance
Use the substance dropdown list in the CAS#
Finder to locate CAS# of substances.

Enter the unit's CAS# of the substances emitted and their amounts.

Prioritzation score for each substance
generated below. Totals on last row.

Receptor proximity is in meters. Priortization
scores are calculated by multiplying the total
scores summed below by the proximity
factors. Record the Max score for your
receptor distance. If the substance list for the
unit is longer than the number of rows here
or if there are multiple processes use
additional worksheets and sum the totals of
the Max Scores.

Diesel engine exhaust, particulate
matter (Diesel PM) I J
EXHIBIT 1
1265
1-0 p1 1-0 p1 1-0 p1 1-0 p1
0< R<100 1.000 9.31E+00 0.00E+00 0.00E+00 0.00E+00 9.31E+00 100R<250 0.250 2.33E+00 0.00E+00 0.00E+00 0.00E+00 2.33E+00 250R<500 0.040 3.72E-01 0.00E+00 0.00E+00 0.00E+00 3.72E-01 500R<1000 0.011 1.02E-01 0.00E+00 0.00E+00 0.00E+00 1.02E-01 1000R<1500 0.003 2.79E-02 0.00E+00 0.00E+00 0.00E+00 2.79E-02 1500R<2000 0.002 1.86E-02 0.00E+00 0.00E+00 0.00E+00 1.86E-02 2000<R 0.001 9.31E-03 0.00E+00 0.00E+00 0.00E+00 9.31E-03 Receptor Proximity and Proximity
Factors Max Score Max Score Max Score Max Score
Total Max
Score
EXHIBIT 1
1266

FINDING OF FACT / STATEMENT OF OVERRIDING

CONSIDERATION

FOR THE

LEBARON RANCH
(SCH # 2023070657)
MARCH 2025
Prepared for:

City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
EXHIBIT 2
■
■
■
■
1267
EXHIBIT 2
1268

FINDING OF FACT / STATEMENT OF OVERRIDING CONSIDERATION

FOR THE

LEBARON RANCH
(SCH # 2023070657)
MARCH 2025
Prepared for:

City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 580-9818
EXHIBIT 2
1269
EXHIBIT 2
1270

TABLE OF CONTENTS TOC
CEQA Findings – LeBaron Ranch TOC-1

FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Section Page Number
I. Introduction........................................................................................................................ 1 II. General Findings and Overview.......................................................................................... 2 III. Findings and Recommendations Regarding Significant and Unavoidable Impacts............ 8 IV. Findings and Recommendations Regarding Significant Impacts Which Are Mitigated to a Less than Significant Level ............................................................................................. 25 V. Findings and Recommendations Regarding Those Impacts Which are Less Than Significant or Less Than Cumulatively Considerable ........................................................ 46 VI. Project Alternatives .......................................................................................................... 53 VII. Statements of Overriding Considerations Related to the LeBaron Ranch Findings......... 59 EXHIBIT 2
1271

TOC TABLE OF CONTENTS
TOC-2 CEQA Findings – LeBaron Ranch
This page left intentionally blank.

EXHIBIT 2
1272

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 1

FINDINGS FOR THE

LEBARON RANCH

REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Resources Code, § 21000 et seq.)
I. INTRODUCTION
The California Environmental Quality Act (CEQA) (Public Resources Code, § 21000 et seq.) requires the City of Stockton (City), as the CEQA lead agency, to: 1) make written findings when it approves a project for which an environmental impact report (EIR) was certified, and 2) identify overriding considerations for significant and unavoidable impacts identified in the EIR. (Pub. Resources Code, § 21081.)
This document explains the City’s findings regarding the significant and potentially significant impacts identified in the environmental impact report (EIR) prepared for the LeBaron Ranch (Project or Project) and the City decision-makers’ ultimate determinations of the feasibility of the project alternatives considered in the EIR. The statement of overriding considerations in Section VII, below, identifies the economic, social, technical, and other benefits of the Project that the City decisionmakers have determined should override any significant environmental impacts that would result from the Project.

As required under CEQA, the Final EIR describes the Project, adverse environmental impacts of the Project, and mitigation measures and alternatives that would substantially reduce or avoid those impacts. The information and conclusions contained in the EIR reflect the City’s independent judgment.

The Final EIR (which includes the Draft EIR, comments, responses to comments, and revisions to the Draft EIR) for the Project, examined the environmental impacts of the proposed Project and three alternatives to the Project including: (1) No Project (No Build) Alternative; (2) Reduced Density Alternative; and (3) Agriculture Protection Alternative.

The Findings and Statement of Overriding Considerations are presented for adoption by the City Council, as the City’sfindings under CEQA and the CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.) relating to the Project. The Findings provide the written analysis, substantial evidence, and conclusions of this City Council regarding the Project’s environmental impacts, mitigation measures, and alternatives to the Project, as well as the overriding considerations, which in this City Council’s view, justify approval of the Project, despite its environmental effects.

EXHIBIT 2
1273

CEQA FINDINGS
2 CEQA Findings – LeBaron Ranch
II. GENERAL FINDINGS AND OVERVIEW
Project Overview
The LeBaron Ranch Project site (proposed Project site) is located in the northern portion of the City of Stockton Metropolitan Area, within the unincorporated area of San Joaquin County. The Project site is adjacent to the City of Stockton’s northern city limits, within the City of Stockton (City) Sphere of Influence (SOI) (as defined in the Envision Stockton 2040 General Plan), and within the City of Stockton Urban Services Boundary.

The proposed Project is primarily a residential development anticipated to provide up to 1,411 units (assuming school site is developed with single-family residential units). Total parkland and open space areas total 30.7 acres. Part of the open space acreage will come from a series of streets with an enhanced right of way to accommodate a pedestrian “wellness walk.” Other uses to support and compliment the proposed residential development include underground wet and dry utility infrastructure, roadways, curb/gutters/sidewalks, bicycle/pedestrian facilities, street lighting, and street signage.

The proposed Project includes a vesting tentative map that would subdivide the Development Area consistent with the proposed land uses. The Development Area would have 1,217 single family residential units with lot sizes that would range from 3,375 to 6,000 sf. Additionally, the Development Area would include 194 high density residential units on 9.5 acres to the west of the proposed single family residential area, for a total residential unit count of 1,411 units.

The proposed Project establishes a site for a 12.0-acre K-8 school to be developed by Lodi Unified School District (LUSD). The development of a K-8 school at this site is the discretionary decision of the LUSD, and while the proposed Project has planned for a school at this location, it will be determined by LUSD at a later date through their decision-making process. If the LUSD decides to not pursue building a school at this site, then the site would be developed with 79 single family residential units. Construction of homes in this location would increase the number of units by 79 units when compared to the proposed Project with the school site. The total combined units would increase from 1,332 under the proposed Project to 1,411 units under this variation (i.e., no school).

The proposed Project would require a City of Stockton General Plan Amendment to the Land Use Element to change land uses on the Project site. Changes to the General Plan Land Use Map are largely a reorganization of the precise locations for each land use within the boundary of the Project site as opposed to land use changes. Additionally, the proposed Project includes a request for prezoning of the Development Area and Non-development Area, as described below. The pre-zoning would go into effect upon annexation into the City of Stockton. The pre-zoning request is for an RL District, RM District, RH District and PF District.

The principal purpose of the proposed Project is the annexation of the Project site into the City of Stockton, and approval and subsequent development of the Development Area for residential and park uses.

EXHIBIT 2
1274

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 3
The LeBaron Ranch Development Project identifies the following project objectives as part of the stated purpose:
• Provide residential housing opportunities, with an array of lot sizes and housing types, that are visually attractive and accommodate the future housing demand in Stockton. • Establish a mixture of Low-, Medium-, and High-Density Residential project types that collectively provide for local and regional housing and that take advantage of the area’s high level of accessibility. Ensure that all housing is designed with architectural form that is visually attractive.
• Provide infrastructure, public facilities, and park space that meets City standards, in a centralized setting that is integrated with existing and planned facilities and connections and increases recreation opportunities for existing and future residents of the City. • Provide a site that could accommodate a K-8 school if the Lodi Unified School District desires to build a school within the Project site. Alternatively, if the Lodi Unified School District chooses not to build a school within the Project site, ensure that the design alternative would accommodate single-family residential housing consistent with the form and design of surrounding single-family residential units planned within the Project site. • To incorporate Woodbridge Irrigation District facilities into the Project design, that maintains their purpose while avoiding any conflicts with future residents. • Continue open space improvements along Eight Mile Road, like the Destinations Master Plan Project to the west of the Project Site. This includes preservation of a drainage facility and access to an off-street pedestrian path.
• Establish a logical phasing plan designed to ensure that each phase of development would include necessary public improvements that are required to meet City standards, both onsite and offsite. Internal Phases will basically commence from the eastern portion of the Development Area and move west, allowing infrastructure to be advanced to an upcoming phase.

Refer to EIR Chapter 2.0, Project Description, for a more complete description of the details of the proposed Project.

PROCEDURAL BACKGROUND
Notice of Preparation Public Circulation: The City of Stockton circulated a Notice of Preparation (NOP) of an EIR for the proposed Project on July 31, 2023, to the State Clearinghouse, State Responsible Agencies, State Trustee Agencies, Other Public Agencies, Organizations, and Interested Persons. A public scoping meeting was held via Microsoft Teams on August 22, 2023 to present the Project description to the public and interested agencies, and to receive comments from the public and interested agencies regarding the scope of the environmental analysis to be included in the Draft EIR. There were seven participants in attendance at the scoping meeting. This included the City staff, city consultants, and applicant team. Concerns raised in response to the NOP were considered during preparation of the Draft EIR. The NOP and comments received on the NOP by EXHIBIT 2
1275

CEQA FINDINGS
4 CEQA Findings – LeBaron Ranch
interested parties are presented in Appendix A of the Draft EIR. The commenters are provided below.
• California Department of Conservation;
• California Department of Fish and Wildlife;
• Central Valley Regional Water Quality Control Board;
• Melvin Corren;
• Native American Heritage Commission;
• Pacific Gas and Electric Company;
• San Joaquin Council of Government, Inc.; and
• San Joaquin County.

Notice of Availability and Draft EIR: The City published a public Notice of Availability (NOA) for the Draft EIR on August 16, 2024 inviting comment from the general public, agencies, organizations, and other interested parties. The NOA was filed with the State Clearinghouse (SCH # 2023070657) and the County Clerk, and was published in a local newspaper pursuant to the public noticing requirements of CEQA. The 45-day public review period for the Draft EIR began on August 16, 2024 and ended on September 30, 2024 at 5:00 p.m.

The Draft EIR contains a description of the Project, description of the environmental setting, identification of Project impacts, and mitigation measures for impacts found to be significant, as well as an analysis of Project alternatives, identification of significant irreversible environmental changes, growth-inducing impacts, and cumulative impacts. The Draft EIR identifies issues determined to have no impact or a less-than-significant impact, and provides detailed analysis of potentially significant and significant impacts of the Proposed Project. Comments received in response to the NOP were considered in preparing the analysis in the Draft EIR.

Final EIR: The City of Stockton received six comment letters on the Draft EIR during the public review period. In accordance with CEQA Guidelines Section 15088, the Final EIR responds to the comments received during the public review period. The Final EIR also contains minor edits to the Draft EIR, which are included in Chapter 3.0, Revisions.

The comments received did not provide evidence of any new significant impacts or “significant new information” that would require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5.

RECORD OF PROCEEDINGS AND CUSTODIAN OF RECORD
For purposes of CEQA and the findings set forth herein, the record of proceedings for the City’s findings and determinations consists of the following documents and testimony, at a minimum:
• The NOP, comments received on the NOP, and all other public notices issued by the City in relation to the Project (e.g., NOA).
• The Draft EIR and Final EIR, including comment letters, and technical materials cited in the documents.

EXHIBIT 2
1276

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 5
• MMRP
• All applications for approvals and development entitlements submitted to the City • All non-draft and/or non-confidential reports and memoranda prepared by the City and consultants in relation to the EIR.
• Minutes and transcripts of the discussions regarding the Project and/or Project components at public hearings held by the City.
• Staff reports associated with City Council meetings on the Project. • All matters of common knowledge to the Planning Commission and City Council, including, but not limited to:
(i) The city’s General Plan and other applicable policies; (ii) The city’s Zoning Ordinance and other applicable ordinances; (iii) Information regarding the city’s fiscal status;
(iv) Applicable city policies and regulations; and
(v) Federal, state, and local laws and regulations.
• Those categories of materials identified in Public Resources Code § 21167.6(e).

The City Clerk is the custodian of the administrative record. The documents and materials that constitute the administrative record are available for review at the City of Stockton, 345 N. El Dorado Street, Stockton, CA 95202 or online at:
https://www.stocktonca.gov/business/planning___engineering/other_projects_environmental.ph p#collapse1930b0
FINDINGS REQUIRED UNDER CEQAPublic Resources Code § 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Further, the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” (Id.) Section 21002 also provides that “in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.”
The mandate and principles established by the Legislature in Public Resources Code § 21002 are implemented, in part, through the requirement in Public Resources Code § 21081 that agencies must adopt findings before approving projects for which an EIR is required.

EXHIBIT 2
1277

CEQA FINDINGS
6 CEQA Findings – LeBaron Ranch
CEQA Guidelines § 15091 provides the following direction regarding findings:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(See also Public Resources Code, § 21081, subd. (a)(1)-(3).) As defined by CEQA, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, legal, and technological factors. (Pub. Resources Code, § 21061.1; see also CEQA Guidelines, § 15126.6(f)(1) [determining the feasibility of alternatives].) The concept of “feasibility” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (See Association of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383, 1400 [court upholds findings rejecting a “reduced herd” alternative to a proposed dairy as infeasible because the alternative failed to meet the “fundamental objective” of the project to produce milk]; Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1506-1508 [agency decision-makers, in rejecting alternatives as infeasible, appropriately relied on project objective articulated by project applicant].) Moreover, “‘feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, legal, and technological factors.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1001-1002.)
With respect to a project for which significant impacts cannot be feasibly avoided or substantially lessened, a public agency may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons that the project’s benefits outweigh its significant unavoidable adverse environmental effects. (Pub. Resources Code, §§ 21001, 21002.1(c), 21081(b).)
EXHIBIT 2
1278

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 7
CEQA Guidelines § 15093 provides the following direction regarding a statement of overriding considerations:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to § 15091.

In accordance with Public Resources Code § 21081 and CEQA Guidelines §§ 15091 and 15093, the City has made one or more of the above specific written findings regarding significant impacts associated with the proposed Project. Those findings are presented below, along with the rationale behind each of the findings. -

MITIGATION MONITORING PROGRAM
A Mitigation Monitoring Program has been prepared for the Project and, if the Project is approved, will be adopted concurrently with these Findings. (See Pub. Resources Code, § 21081.6, subd. (a)(1).) The City will use the Mitigation Monitoring Program to track compliance with Project mitigation measures.

CONSIDERATION OF THE ENVIRONMENTAL IMPACT REPORT
In adopting these Findings, this City Council finds that the Final EIR was presented to this City Council, the decision-making body of the lead agency, which reviewed and considered the information in the Final EIR prior to approving the Project. By these findings, this City Council ratifies, adopts, and incorporates the analysis, explanation, findings, responses to comments, and conclusions of the Final EIR. The City Council finds that the Final EIR was completed in compliance with CEQA. The Final EIR represents the independent judgment of the City.

EXHIBIT 2
1279

CEQA FINDINGS
8 CEQA Findings – LeBaron Ranch

SEVERABILITY
If any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void, or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City.

III. FINDINGS AND RECOMMENDATIONS REGARDING SIGNIFICANT

AND UNAVOIDABLE IMPACTS
A. AESTHETICS AND VISUAL RESOURCES

1. IMPACT 3.1-1:PROJECT IMPLEMENTATION MAY RESULT IN SUBSTANTIAL ADVERSE EFFECTS ON SCENIC VISTAS AND RESOURCES OR SUBSTANTIAL DEGRADATION OF VISUAL CHARACTER. (a) Potential Impact. The potential for the Project to result in substantial adverse effects on scenic vistas and resources or substantial degradation of visual character is discussed on pages 3.1-8 through 3.1-10 of the Draft EIR and determined to be significant. (b) Mitigation Measures. No feasible mitigation measures were identified. (c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Remaining Impacts. Although the Project site is not designated as a scenic vista by the General Plan, the site does contain some of the scenic views discussed in the General Plan, such as agricultural fields. Public views of the above-referenced scenic resources are primarily available to motorists traveling along Eight Mile Road, Lower Sacramento Road, and West Lane. In addition, these public views of agricultural fields are characteristic of San Joaquin County, and the exist throughout the region.

The proposed Project would result in the conversion of land within the Development Area from agricultural uses, which would contribute to changes in the regional landscape and visual character of the area. The Project does not propose changes to existing uses or structures within the Non-development Area, including agricultural land, residential and commercial use structures, and a church. In order to reduce visual impacts, development within the Project site is required to be consistent with the General Plan and the Stockton Development Code, which includes development and design standards to ensure quality and cohesive design of the Project site. These standards include specifications for building height, massing, and orientation; exterior lighting; landscaping; and architectural design and compatibility. Implementation of the design standards would ensure quality design throughout the Project site, and result in a Project that would be internally cohesive while maintaining aesthetics similar to surrounding uses. Additionally, it is noted that the Applicant is seeking a Planned Unit Residential (PURD) Permit to EXHIBIT 2
1280

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 9
introduce design deviations to the standards to allow for an alternative range of lot sizes. The planned development permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope, off-street parking, street layout, etc.) contained within this Development Code. Due to the nature of the proposed development and its currently undeveloped agricultural characteristics, the resulting contrast in visual character renders further mitigation measures infeasible, as it would be impossible at this stage to further reduce impacts related to changes or perceived degradation to the visual character of the Project site and vicinity.

Nevertheless, the loss of the visual appearance of the existing agricultural land on the site would alter the visual character of the Project site in perpetuity. Compliance with the requirements within the General Plan and Zoning Code would reduce visual impacts to the greatest extent feasible; however, the proposed Project would permanently convert the agricultural uses to urbanized uses. This is considered a significant and unavoidable impact. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. (2) In accordance with CEQA Guidelines Section 15091(a), changes or alterations have been required in, or incorporated into, the proposed Project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. As the Applicant is seeking a PURD Permit in order to introduce design deviations and an alternative range of lot sizes, this permitted flexibility will allow adjustments to be made for aesthetically appropriate design, in accordance with the Development Code. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with impacts to scenic vistas and resources or substantial degradation of visual character, as more fully stated in the Statement of Overriding Considerations in Section VII, below.

2. IMPACT 4.2: CUMULATIVE DEGRADATION OF THE EXISTING VISUAL CHARACTER OF THE REGION.
(a) Potential Impact. The potential for the Project to have a cumulative impact on the existing visual character of the region is discussed on page 4.0-4 of the Draft EIR. (b) Mitigation Measures. No feasible mitigation measures were identified.

EXHIBIT 2
1281

CEQA FINDINGS
10 CEQA Findings – LeBaron Ranch
(c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Remaining Impacts. Under cumulative conditions, buildout of the General Plan for Stockton and the surrounding jurisdictions could result in changes to the visual character and quality of the City of Stockton through development of undeveloped areas and/or changes to the character of existing communities. Development of the proposed Project, in addition to other future projects in the area, would change the existing visual and scenic qualities of the City. It is noted that although the Project site is largely undeveloped and currently occupied by agricultural uses, the General Plan designates the site for Low Density Residential, Medium Density Residential, High Density Residential, Institutional, and Parks and Recreation uses. Additionally, the surrounding areas to the east, south, and west are designated for urban uses (including mainly Low Density Residential, High Density Residential, and Commercial uses) by the General Plan. As such, the General Plan and associated EIR anticipated development of the Project area for similar uses as proposed by the Project.

Development within the City would be required to be consistent with the General Plan policies and City Municipal Code, both of which cover aesthetics and visual characteristics. Further, the Municipal Code contains development standards that address the visual character of a development project, such as building height, massing, setbacks, lighting, and landscaping. Although implementation of these requirements would reduce the impacts associated with development, the impacts would remain significant and unavoidable. Due to the nature of the proposed development and its currently undeveloped agricultural characteristics, the resulting contrast in visual character renders further mitigation measures infeasible, as it would be impossible at this stage to further reduce impacts related to changes or perceived degradation to the visual character of the Project site and vicinity. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. As such, this is a cumulatively considerable contribution and a significant and unavoidable impact.
(2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with cumulative impacts to the existing visual character of the region, as EXHIBIT 2
1282

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 11
more fully stated in the Statement of Overriding Considerations in Section VII, below.

B. AGRICULTURAL RESOURCES

1. IMPACT 3.2-1: THE PROPOSED PROJECT WOULD RESULT IN THE CONVERSION OF FARMLANDS,

INCLUDING PRIME FARMLAND AND FARMLAND OF STATEWIDE IMPORTANCE, AS SHOWN ON

THE MAPS PREPARED PURSUANT TO THE FARMLAND MAPPING AND MONITORING PROGRAM OF THE CALIFORNIA RESOURCES AGENCY, TO NON-AGRICULTURAL USES. (a) Potential Impact. The potential for the Project to result in the conversion of Farmlands, including Prime Farmland and Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses is discussed on pages 3.2-13 and

3.2-14 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.2-1.

Mitigation Measure 3.2-1: Prior to the conversion of Important Farmland on the Project site, the Project applicant shall participate in the City’s Agricultural Lands Mitigation Program, under which developers of the property shall contribute agricultural mitigation land or shall pay the Agricultural Land Mitigation Fee to the City. Participation in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) that results in agricultural land mitigation may also be considered as the functional equivalent of mitigation for the loss of Important Farmland.
(c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Effects of Mitigation and Remaining Impacts. Development of the proposed Project would result in the permanent conversion of 23.12 acres of Prime Farmland, 217.79 acres of Farmland of Statewide Importance, and 7.51 acres of Farmland of Local Importance, as shown in Table 3.2-5 and Figure 3.2-1, to non-agricultural use. The loss of Important Farmland as classified under the Farmland Mapping and Monitoring Program (FMMP) is considered a potentially significant environmental impact. Additionally, the Project site meets the Cortese-Knox-Hertzberg definition for prime agricultural land. This is the definition used by LAFCo in their consideration of the proposed annexation. As noted previously, compliance with LAFCo policies is discussed in Section 3.10, Land Use and Population, of this Draft EIR.

The City’s Agricultural Land Mitigation Program requires that projects provide “agricultural mitigation land” on a 1:1 basis for each acre of land converted or pay the established Agricultural Land Mitigation Fee. As of September 2023, the EXHIBIT 2
1283

CEQA FINDINGS
12 CEQA Findings – LeBaron Ranch
Agricultural Mitigation Fee is $19,561 (SJCOG-SJMSCP Habitat Fees, 2023) per acre.

The Project applicant would be required to participate in the City’s Agricultural Lands Mitigation Program and contribute agricultural mitigation land or pay the established Agricultural Land Mitigation Fee, as required by Mitigation Measure 3.2-

1. SJCOG would then use these funds to purchase conservation easements on agricultural and habitat lands that are placed over agricultural land, such as alfalfa and row crops in the Project vicinity. As such, the Project fees paid to SJCOG as administrator of the SJMSCP before issuance of a building permit, would result in the preservation of agricultural lands in perpetuity. The purchase of conservation easements and/or deed restrictions through the City’s Agricultural Land Mitigation Program and the SJMSCP allows the agricultural landowner to retain ownership of the land and continue agricultural operations and preserves such lands in perpetuity. Additionally, while the Project does not propose development within the Non-development Area of the Project site, this area would be annexed into the City of Stockton and would be zoned RL, RM, and PF. It is noted that the City’s General Plan anticipates that agricultural lands within the Project site, including the Non-development Area, would be developed with urban uses. If, at some point in the future, the existing agricultural land within the Non-development Area converts to a non-agricultural use in alignment with the General Plan buildout, the project applicant at such a time would be required to comply with the City’s Agricultural Land Mitigation Program to mitigate impacts to Important Farmland.

The Envision Stockton 2040 General Plan EIR anticipated development of the Project site as part of the overall evaluation of the buildout of the City. The General Plan EIR addressed the conversion and loss of Important Farmland that would result from the build out of the General Plan (General Plan Draft EIR, pp. 4.2-10 through 4.2- 12). The General Plan EIR determined that impacts would be significant and unavoidable. According to the General Plan EIR, although the General Plan includes policies and actions that would reduce and partially offset the conversion of farmland, it designates approximately 16,160 acres of farmlands of concern under CEQA for non-agricultural uses. Because these farmland areas are located near existing urbanized areas, they may not be viable for agricultural operations due to conflicts with nearby urbanized areas. The only way to mitigate this impact would be to prohibit any development on farmland of concern.

While the proposed Project would contribute fees toward the purchase of conservation easements on agricultural lands through the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) (as required by Mitigation Measure 3.2-1), those fees and conservation easements would not result in the creation of new farmland to offset the loss that would occur with Project implementation. Implementation of the Project would result in a net loss of farmland, even with implementation of mitigation. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. As such, EXHIBIT 2
1284

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 13
consistent with the conclusion of the General Plan EIR, the loss of Important Farmland would be a significant and unavoidable impact relative to this topic. (2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with impacts to Important Farmlands, as more fully stated in the Statement of Overriding Considerations in Section VII, below.

2. IMPACT 4.4: CUMULATIVE IMPACT ON AGRICULTURAL RESOURCES. (a) Potential Impact. The potential for the Project to have a cumulative impact on agricultural resources is discussed on pages 4.0-5 and 4.0-6 of the Draft EIR. (b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.2-1.

Mitigation Measure 3.2-1: Prior to the conversion of Important Farmland on the Project site, the Project applicant shall participate in the City’s Agricultural Lands Mitigation Program, under which developers of the property shall contribute agricultural mitigation land or shall pay the Agricultural Land Mitigation Fee to the City. Participation in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) that results in agricultural land mitigation may also be considered as the functional equivalent of mitigation for the loss of Important Farmland.
(c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Effects of Mitigation and Remaining Impacts. Mitigation of agricultural land conversion losses would be provided through the county-wide SJMSCP and its local adoption by the City of Stockton. The SJMSCP requires the payment of a per-acre fee for loss of wildlife habitat, which in San Joaquin County is largely integral with agricultural use. The City’s Agricultural Land Mitigation Program requires that future development pay the agricultural mitigation fee to mitigate the conversion of agricultural land to urban use. The San Joaquin Council of Governments (SJCOG) would then use these funds to purchase conservation easements on agricultural and habitat lands that are placed over agricultural land, such as alfalfa and row crops in the Project vicinity.

EXHIBIT 2
1285

CEQA FINDINGS
14 CEQA Findings – LeBaron Ranch
The purchase of conservation easements and/or deed restrictions through the City’s Agricultural Land Mitigation Program and the SJMSCP allows the agricultural landowner to retain ownership of the land and continue agricultural operations and preserves such lands in perpetuity.

While the proposed Project would contribute fees toward the purchase of conservation easements on agricultural lands, as required by Mitigation Measure

3.2-1, those fees and conservation easements would not result in the creation of new farmland to offset the loss that would occur with Project implementation. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. As such, the loss of Important Farmland would be a cumulatively considerable contribution and a significant and unavoidable impact. (2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with cumulative impacts to agricultural resources, as more fully stated in the Statement of Overriding Considerations in Section VII, below.

C. AIR QUALITY

1. IMPACT 3.3-1: PROJECT OPERATION HAS THE POTENTIAL TO RESULT IN A CUMULATIVELY

CONSIDERABLE NET INCREASE OF ANY CRITERIA POLLUTANT FOR WHICH THE PROJECT REGION IS IN NON-ATTAINMENT, OR CONFLICT OR OBSTRUCT IMPLEMENTATION OF THE DISTRICT’S AIR QUALITY PLAN.
(a) Potential Impact. The potential for the Project to result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment, or conflict or obstruct implementation of the District’s air quality plan is discussed on pages 3.3-29 through 3.3-36 of the Draft EIR and determined to be significant. (b) Mitigation Measures. The following mitigation measures are hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures 3.3-1 through 3.3-5.

Mitigation Measure 3.3-1: The Project applicant(s) shall comply with SJVAPCD Rule 4101, which prohibits emissions of visible air contaminants to the atmosphere and applies to any source operation that emits or may emit air contaminants.

Specifically, the project applicant(s), during Project operation, shall not discharge EXHIBIT 2
1286

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 15
into the atmosphere any air contaminant, other than uncombined water vapor, for a period or periods aggregating more that (3) minutes in any one (1) hour which is:
a) As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines; b) Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in Section 5.1 of this rule.

Mitigation Measure 3.3-2: The Project applicant(s) shall comply with SJVAPCD Rule 4601, during Project construction and operation, which limits VOC emissions from architectural coatings. This rule specifies architectural coatings storage, clean up and labeling requirements. Specific VOC limits for architectural coatings are provided within the Air District’s website, located at:
https://ww2.valleyair.org/rules-and-planning/current-district-rules-andregulations/ Mitigation Measure 3.3-3: The Project applicant(s) shall utilize low-VOC paints, equivalent to 10 g/L of ROG, if commercially available.

Mitigation Measure 3.3-4: The City shall educate the Project applicant(s) on the benefits of a VERA, and recommend consulting with the SJVAPCD during the Indirect Source Review process to see if such “voluntary agreement” can be reached.

Mitigation Measure 3.3-5: The Project applicant(s) shall consider the Air District’s Clean Green Yard Machines (CGYM) program, which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at:
https://ww2.valleyair.org/grants/zero-emission-landscaping-equipment-voucherprogram/. (c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Effects of Mitigation and Remaining Impacts. The San Joaquin Valley Air Pollution Control District (SJVAPCD) is tasked with implementing programs and regulations required by the Federal Clean Air Act (FCAA) and the California Clean Air Act (CCAA).

The SJVAPCD has established their thresholds of significance by which the Project emissions are compared against to determine the level of significance. The SJVAPCD has established operations related emissions thresholds of significance as follows:
100 tons per year of carbon monoxide (CO, 10 tons per year of oxides of nitrogen (NOx), 10 tons per year of reactive organic gases (ROG), 27 tons per year of sulfur oxides (SOx), 15 tons per year particulate matter of 10 microns or less in size (PM10), and 15 tons per year particulate matter of 2.5 microns or less in size (PM2.5). If the proposed Project’s emissions will exceed the SJVAPCD’s threshold of significance for operational-generated emissions, the proposed Project will have a significant EXHIBIT 2
1287

CEQA FINDINGS
16 CEQA Findings – LeBaron Ranch
impact on air quality and all feasible mitigation are required to be implemented to reduce emissions to the extent feasible.

As shown in Table 3.3-9 in Section 3.3 of the Draft EIR, the unmitigated operational emissions would exceed the SJVACPD operational thresholds of significance for ROG. Based on this, mitigation measures are required to be implemented to reduce ROG emissions. With implementation of the available feasible mitigation measures (Mitigation Measures 3.3-1 through 3.3-5), the proposed Project’s emissions would be reduced as shown in Table 3.3-10. As shown in Table 3.3-10, the Project’s ROG emissions could be reduced from approximately 14.3 to 13.0 tons per year, with the implementation of Mitigation Measures 3.3-1 through 3.3-3. However, this would not be sufficient to ensure a reduction of ROGs to below the applicable Air District criteria pollutant threshold of 10 tons per year. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. Therefore, this impact would be considered significant and unavoidable (2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with impacts to air quality, as more fully stated in the Statement of Overriding Considerations in Section VII, below.

2. IMPACT 4.5: CUMULATIVE IMPACT ON THE REGION'S AIR QUALITY. (a) Potential Impact. The potential for the Project to have a cumulative impact on the region’s air quality is discussed on pages 4.0-6 and 4.0-7 of the Draft EIR. (b) Mitigation Measures. The following mitigation measures are hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures 3.3-1 through 3.3-3.

Mitigation Measure 3.3-1: The project shall comply with SJVAPCD Rule 4101, which prohibits emissions of visible air contaminants to the atmosphere and applies to any source operation that emits or may emit air contaminants.

Mitigation Measure 3.3-2: The project shall comply with SJVAPCD Rule 4601, which limits project has agreed to abide by more stringent VOC emissions requirements.

Emissions of volatile organic compounds from architectural coatings by specifying EXHIBIT 2
1288

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 17
storage, clean up and labeling requirements. (The project has agreed to abide by more stringent VOC emissions requirements.)
Mitigation Measure 3.3-3: The project shall utilize low-VOC paints, equivalent to 10 g/L of ROG, if commercially available.
(c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Effects of Mitigation and Remaining Impacts. Under buildout conditions in the San Joaquin County, the San Joaquin Valley Air Basin (SJVAB) would continue to experience increases in criteria pollutants and efforts to improve air quality throughout the basin would be hindered. As described in Section 3.3, San Joaquin County has a state designation of Nonattainment for ozone, PM10 and PM2.5. Table

3.3-2 in Section 3.3 presentsthe State and federal attainment status for San Joaquin County.

As discussed under Impact 3.3-1 in Section 3.3, operational emissions would exceed the SJVACPD thresholds of significance for ROG. The Project’s operational ROG emissions are primarily from the Project’s mobile vehicle emissions. However, a substantial portion of the ROG emissions are also from area sources, which include off-gassing from architectural coatings, off-gassing from consumer products, and the usage of landscape equipment. The only feasible mitigation to reduce the Project’s operational emissions are to reduce the ROG content off-gassed from architectural coatings (by using architectural coatings that have fewer ROG emissions) and by utilizing landscaping equipment with fewer or no ROG emissions.

There is no feasible mitigation to reduce mobile vehicle ROG emissions, or to reduce the amount of ROG off-gassing from consumer products, as these are not activities that the Project applicant would have the ability to feasibly influence.

With implementation of the available feasible mitigation measures (Mitigation Measures 3.3-1 through 3.3-3), the proposed Project’s emissions would be reduced.

The Project’s ROG emissions could be reduced from approximately 14.3 to 13.0 tons per year, with the implementation of Mitigation Measures 3.3-1 through 3.3-3.

However, this would not be sufficient to ensure a reduction of ROGs to below the applicable Air District criteria pollutant threshold of 10 tons per year.

As discussed in Impact 3.3-2 in Section 3.3, Project maximum construction emissions would not exceed the SJVAPCD thresholds of significance. Nevertheless, regardless of emission quantities, the SJVAPCD requires construction related mitigation in accordance with their rules and regulations. Nevertheless, implementation of the Mitigation Measure 3.3-4 through 3.3-7 would further reduce proposed Project construction related emissions to the extent possible.

Additionally, as discussed in Impact 3.3-4 of Section 3.3, no residences would be located within 500 feet of a freeway, urban road with 100,000 vehicles/day or more, EXHIBIT 2
1289

CEQA FINDINGS
18 CEQA Findings – LeBaron Ranch
or a rural road with 50,000 vehicles/day or more. Additionally, under CEQA, an EIR need not analyze the impacts of the existing environment on the Project. No residual TAC emissions and corresponding cancer risk are anticipated after Project construction. The proposed Project is not anticipated to generate long-term, operational sources of TAC emissions because the Project would only include residential land uses and public open space. The Project would not include heavy industrial uses or other land uses typically associated with stationary sources of TACs. As such, the Project would not result in substantial TAC emissions that may affect nearby receptors, nor would the Project be exposed to nearby sources of TACs.

Overall, even with the application of the mitigation measures included in Section

3.3, emissions levels would remain above the defined thresholds of significance. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. As such, implementation of the proposed Project would have a cumulatively considerable contribution and significant and unavoidable impact from air emissions.
(2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with cumulative impacts to the region’s air quality, as more fully stated in the Statement of Overriding Considerations in Section VII, below.

D. TRANSPORTATION AND CIRCULATION

1. IMPACT 3.13-1: PROJECT IMPLEMENTATION WOULD CONFLICT WITH OR BE INCONSISTENT WITH CEQA GUIDELINES SECTION 15064.3, SUBDIVISION (B).
(a) Potential Impact. The potential for the Project to conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) is discussed on pages 3.13-17 through

3.13-23 of the Draft EIR.
(b) Mitigation Measure. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.13-1.

Mitigation Measure 3.13-1: The Project applicant shall work with the City of Stockton to implement feasible Transportation Demand Management (TDM) EXHIBIT 2
1290

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 19
strategies, which would decrease the VMT generated by the Project. Specific potential TDM strategies include, but are not limited to, the following:
• Coordinate with public transit agencies, including improving San Joaquin Rapid Transit District (RTD) regarding transit service connecting workers with existing and future residential developments;
• Coordinate with San Joaquin RTD regarding the potential for increasing service on Hopper Route 93;
• TDM coordinator for large employers, such as the LUSD, should the school site be developed;
• Provide carpool and/or vanpool incentive programs;
• Provide on-site lockers and showers for workers who take alternative transportation, such as those employed by the LUSD, should the school site be developed;
• Promote walking and bicycling for employees who live and/or work in the area through the preparation of an Active Transportation Plan; • Incentivize the use of alternative travel modes for travel within the project site through shared use of e-bikes and e-scooters;
• Allow flexible work hours and schedule classes to reduce arrivals/departures during peak hours; and
• Employer coordination to SJCOG’s DIBs program for workers.

The TDM Plan shall be submitted to the City for review, and the effectiveness of the TDM Plan shall be evaluated, monitored, and revised, if necessary. The TDM Plan shall include the TDM strategies which will be implemented during the lifetime of the proposed Project and shall outline the anticipated effectiveness of the strategies to achieve the home-based work VMT per worker target identified in the City’s TIAG.

The effectiveness of the TDM Plan may be monitored through annual surveys to determine employee travel mode split and travel distance for home-based work trips, and/or the implementation of technology to determine the amount of traffic generated by and home-based work miles traveled by employees, which shall be determined in coordination with the City and included as part of the TDM Plan. (c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Effects of Mitigation and Remaining Impacts. The proposed Project does not meet the screening criteria described in the City of Stockton Traffic Impact Analysis Guidelines; therefore, a detailed vehicle-miles-travelled (VMT) analysis was conducted for the proposed Project. The City of Stockton General Plan travel demand model was used to determine if there would be significant VMT impact. As specified in the City of Stockton Traffic Impact Analysis Guidelines, the model was applied to the Project to identify two types of VMT, project-generated VMT and project effect on total VMT.

EXHIBIT 2
1291

CEQA FINDINGS
20 CEQA Findings – LeBaron Ranch
As shown in Table 3.13-1 in Section 3.13 of the Draft EIR, under Baseline Year conditions, the proposed Project would generate 20.10 home-based VMT per resident. This would be 35 percent above the significance threshold. As a result, the Project is considered to have a significant impact on VMT. Under Cumulative Year conditions, the Project would generate 17.54 home-based VMT per resident. This would be 18 percent above the significance threshold. As a result, the Project is considered to have a significant impact on VMT.

Mitigation Measure 3.13-1, which requires travel demand management (TDM) strategies, would be required if the school within the Project site is constructed.

While the VMT reduction measures described immediately above are oriented towards residential land uses, Mitigation Measure 3.13-1 is oriented towards employment-generating uses. Implementation of Mitigation Measure 3.13-1 is feasible because it is within the applicant’s purview to implement and has been found effective in previous academic studies. However, the precise effectiveness of specific TDM strategies can be difficult to accurately measure due to several external factors such as types of tenants, employee responses to strategies, and changes to technology. Additionally, it is noted that with the current planned growth and development in the City of Stockton, the City’s jobs-housing ratio is expected to increase in 2040, and city-wide home-based work VMT per worker is projected to increase. TDM strategies alone cannot eliminate VMT increases caused by land use imbalance in the rest of the City and greater San Joaquin County geographic area.

Within the City of Stockton and San Joaquin County, there is no requirement to prepare a TDM plan for residential uses. Additionally, specific vehicle trip reduction targets or monitoring of the effectiveness of the Project-specific TDM Plan are not required by San Joaquin County as of January 2024.

The City of Stockton adopted their Transportation Impact Analysis Guidelines (TIAG) in May 2023 which includes strategies that are intended to reduce vehicular travel to meet the requirements of SB 743. The TIAG includes provisions for TDM strategies to reduce the amount of vehicle traffic generated by new employment development by creating measures, strategies, incentives, and policies to shift employees from driving alone and have these employees be aware of and look into the ability of using other travel modes including carpooling, transit (bus and commuter tail), cycling, and walking. In addition, employees who initially arrive in a vehicle would also be encouraged to use alternative travel modes (walking and bicycling). It is possible that the Project would result in schools employees, should the LUSD develop the proposed school site.

As part of this on-going effort to reduce VMT and associated greenhouse gas emissions in the City and region, a TDM Plan will be developed based on California Air Pollution Control Officers Association (CAPCOA) strategies that evaluate any EXHIBIT 2
1292

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 21
project against mode split targets and other elements outlined by the City of Stockton. The required TDM plan for the Project will be submitted to the City for review and approval.

To monitor the effectiveness of the TDM Plan, there are several viable options that may be required by the City of Stockton as part of the TIAG, including annual surveys to determine employee travel mode split and travel distance for home-based work trips, and/or the implementation of technology to determine the amount of traffic generated by and home-based work miles traveled by employees.

As part of Mitigation Measure 3:13-1, the proposed Project would be required to monitor and evaluate the effectiveness of the Project’s TDM Plan and provide the results to the City of Stockton. Based on the results of the evaluation, modifications to the TDM Plan may be required by the City to improve effectiveness toward achieving the home-based work VMT per worker target identified in the City’s TIAG.

Based on the status of the City of Stockton’s TIAG, even with the implementation of Mitigation Measure 3.13-1, the impact would remain significant and unavoidable when compared to the City of Stockton’s VMT goal of reducing average home-based work VMT per worker from 18.56 miles to 15.66 miles. An assessment of potential measures included in the GHG Handbook is presented in detail in Appendix F of this EIR. The assessment includes the feasibility and applicability of GHG Handbook measures for the proposed Project. Measures considered for the Project are those included in the GHG Handbook in the Transportation category. The GHG Handbook presents measures which are considered feasible at a community size level, but are considered not feasible at an individual project size level. These measures, including carshare programs and community-based travel planning, were considered as potential mitigation measures, but are not recommended. The GHG Handbook presents measures which are not applicable to residential land use projects. These are measures which are primarily applicable to employment-generating uses, such as increased job density, ridesharing programs, and subsidized transit programs.

Measures were also considered, but are not feasible because they are not within the authority of the applicant or the City of Stockton. As discussed above, currently, the San Joaquin Regional Transit District (RTD) provides limited public transitservice to the Project site. The County Hopper Route 93 operates weekdays along West Lane, with eight northbound trips per day and ten southbound trips per day. County Hopper service is a deviated fixed route type of service. The GHG Handbook presents measures which are related to the structure of the community-level public transit system. While these measures have the potential to reduce VMT, the RTD has authority to implement the measures. Implementation of the measures, including development of a transit-oriented development, increased transit service frequency, provide bus rapid transit, or reduce transit fares, is not within the authority of the applicant or the City of Stockton.

EXHIBIT 2
1293

CEQA FINDINGS
22 CEQA Findings – LeBaron Ranch
The GHG Handbook presents measures which are considered not applicable to, or not feasible for, the LeBaron Ranch Project site. The GHG Handbook presents measures which are considered not applicable to, or not feasible for, the Project site. These measures were considered as potential mitigation measures, but are not recommended. The Project includes 194 high density multiple-family dwelling units.

Current residential development in the vicinity of the Project site is predominantly composed of relatively lower density single family dwelling units. The General Plan travel demand model, used to estimate VMT for the Project, already includes relatively lower VMT per unit generated by the Project multiple family dwelling units. Therefore, the measure to provide increased residential density is already incorporated into the VMT levels presented in Table 3.13-2, and is not considered applicable as a mitigation measure.

The GHG Handbook includes a measure that involves affordable and below market rate housing, noting, “Multifamily residential units must be permanently dedicated as affordable for lower income families.” The Project includes a mix of housing types: low-density single family dwelling units, medium-density single family dwelling units, and high-density multiple-family dwelling units. The Project does not include units that are deed restricted as “affordable units”. Affordability by design, both for purchase and rent, will be created with some of the product within the medium density and high-density designations.

The GHG Handbook includes three measures that involves parking supply and parking cost, including limiting residential parking supply, unbundling residential parking costs from property cost, and implement market price public parking (onstreet). For limiting residential parking supply, the GHG Handbook notes, “This measure is ineffective in locations where unrestricted street parking or other offsite parking is available nearby and has adequate capacity to accommodate projectrelated vehicle parking demand.” Unrestricted street parking is available in the vicinity of the Project site, and is expected to be available in the future.

Implementation of unbundling residential parking costs from property cost, would appear to require modification of Stockton Municipal Code section 16.64.040, Number of parking spaces required. In the description of implementing market price public parking, the GHG Handbook notes, “This measure will price all on-street parking in a given community, with a focus on parking near central business districts, employment centers, and retail centers.” The Project is composed of residential land use, rather than central business districts, employment centers and retail centers. Therefore, these parking-related mitigation measures are not feasible for the Project.

The GHG Handbook includes a measure related to the density and connectivity of streets. the Project as proposed includes a relatively high density of street intersections within the Project site. The number of connections to surrounding arterial roadways (i.e., Eight Mile Road, West Lane, and Lower Sacramento Road), EXHIBIT 2
1294

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 23
however, are constrained by existing adopted precise road plans for each of these roadways. As a result, the measure is considered not feasible for the Project.

The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. As such, implementation of the proposed Project would have a cumulatively considerable contribution and significant and unavoidable VMTrelated impacts. (2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with impacts related to conflicts with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b), as more fully stated in the Statement of Overriding Considerations in Section VII, below.

2. IMPACT 4.18: UNDER CUMULATIVE CONDITIONS, THE PROPOSED PROJECT WOULD CONFLICT WITH OR BE INCONSISTENT WITH CEQA GUIDELINES SECTION 15064.3, SUBDIVISION (B). (a) Potential Impact. The potential for the Project to have a cumulative impact related to CEQA Guidelines Section 15064.3, subdivision (b) is discussed on pages 4.0-20 and 4.0- 21 of the Draft EIR.
(b) Mitigation Measure. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.13-1.

Mitigation Measure 3.13-1: The Project applicant shall work with the City of Stockton to implement feasible Transportation Demand Management (TDM) strategies, which would decrease the VMT generated by the Project. Specific potential TDM strategies include, but are not limited to, the following:
• Coordinate with public transit agencies, including improving San Joaquin Rapid Transit District (RTD) regarding transit service connecting workers with existing and future residential developments;
• Coordinate with San Joaquin RTD regarding the potential for increasing service on Hopper Route 93;
• TDM coordinator for large employers, such as the LUSD, should the school site be developed;
• Provide carpool and/or vanpool incentive programs;
EXHIBIT 2
1295

CEQA FINDINGS
24 CEQA Findings – LeBaron Ranch
• Provide on-site lockers and showers for workers who take alternative transportation, such as those employed by the LUSD, should the school site be developed;
• Promote walking and bicycling for employees who live and/or work in the area through the preparation of an Active Transportation Plan; • Incentivize the use of alternative travel modes for travel within the project site through shared use of e-bikes and e-scooters;
• Allow flexible work hours and schedule classes to reduce arrivals/departures during peak hours; and
• Employer coordination to SJCOG’s DIBs program for workers.

The effectiveness of the TDM Plan may be monitored through annual surveys to determine employee travel mode split and travel distance for home-based work trips, and/or the implementation of technology to determine the amount of traffic generated by and home-based work miles traveled by employees, which shall be determined in coordination with the City and included as part of the TDM Plan. (c) Findings. Based upon the EIR and the entire record before this City Council, this City Council finds that:
(1) Effects of Mitigation and Remaining Impacts. Analysis for the cumulative scenarios was completed using the Envision Stockton 2040 General Plan Travel Demand Model. Tables 3.13-1 and 3.13-2 in Section 3.13 summarize the results of the VMT analysis for home-based VMT per residents for Baseline and Cumulative With Project Conditions. The following key findings are derived from the VMT analysis:
• According to the City of Stockton Baseline (Existing) Travel Demand Model, the Citywide average daily home-based VMT per resident is 17.46 miles. • According to the Envision Stockton 2040 General Plan Travel Demand Model, the Project’s average daily home-based VMT per resident is projected to be

16.68 miles in the Cumulative Year with implementation of mitigation measures. This is 0.78 miles (4.4 percent) less when compared to Baseline (Existing) Conditions.

Mitigation measures implemented as Project Design Features, which are part of the Project as proposed, to reduce the impact of the Project on VMT were considered in compliance with the City of Stockton Traffic Impact Analysis Guidelines. Based on estimates presented in the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity EXHIBIT 2
1296

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 25
(GHG Handbook), implementation of the mitigation measures recommended in Section 3.13 could result in a maximum reduction in VMT of 4.9 percent. It would be reasonable to expect implementation of the measures to result in a reduction somewhat less than 4.9 percent. As a result, implementation of the recommended mitigation measure would not reduce the Project impact on VMT to a less than significant level. The City determines that due to specific considerations, there are no additional feasible mitigations or alternatives available that would reduce this impact to a less than significant level. The impact is considered significant and unavoidable and cumulatively considerable.
(2) Changes or alterations have been required in, or incorporated into, the proposed project that avoid or substantially lessen the significant environmental effect, as identified in the Final EIR. To the extent that this significant adverse impact will not be substantially lessened or avoided, the City Council finds that specific economic, social, policy-based, and other considerations identified in the Statement of Overriding Considerations support approval of the project. (3) Overriding Considerations. The environmental, economic, social and other benefits of the Project override any remaining significant adverse impact of the Project associated with cumulative impacts related to CEQA Guidelines Section 15064.3, subdivision (b), as more fully stated in the Statement of Overriding Considerations in Section VII, below.

IV. FINDINGS AND RECOMMENDATIONS REGARDING SIGNIFICANT

IMPACTS WHICH ARE MITIGATED TO A LESS THAN SIGNIFICANT
LEVEL
A. AIR QUALITY

1. IMPACT 3.3-2: PROPOSED PROJECT CONSTRUCTION ACTIVITIES WOULD NOT RESULT IN A

CUMULATIVELY CONSIDERABLE NET INCREASE OF ANY CRITERIA POLLUTANT FOR WHICH THE

PROJECT REGION IS IN NON-ATTAINMENT, OR CONFLICT OR OBSTRUCT IMPLEMENTATION OF THE DISTRICT’S AIR QUALITY PLAN.
(a) Potential Impact. The potential for the Project to result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment, or conflict or obstruct implementation of the District’s air quality plan is discussed on pages 3.3-36 through 3.3-38 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measures are hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures 3.3-4 through 3.3-7.

Mitigation Measure 3.3-4: Prior to the issuance of a Grading Permit for each phase of the Project, the Project Proponent shall prepare and submit a Dust Control Plan EXHIBIT 2
1297

CEQA FINDINGS
26 CEQA Findings – LeBaron Ranch
that meets all of the applicable requirements of APCD Rule 8021, Section 6.3, for the review and approval of the APCD Air Pollution Control Officer.

Mitigation Measure 3.3-5: During all construction activities, the Project Proponent shall implement dust control measures, as required by APCD Rules 8011-8081, to limit Visible Dust Emissions to 20% opacity or less. Dust control measures shall include application of water or chemical dust suppressants to unpaved roads and graded areas, covering or stabilization of transported bulk materials, prevention of carryout or trackout of soil materials to public roads, limiting the area subject to soil disturbance, construction of wind barriers, access restrictions to inactive sites as required by the applicable rules.

Mitigation Measure 3.3-6: During all construction activities, the Project proponent shall implement the following dust control practices identified in Tables 6-2 and 6-3 of the GAMAQI (2002).
a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover.
b. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant.
c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall control fugitive dust emissions by application of water or by presoaking.
d. When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained. e. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. f. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.
g. Limit traffic speeds on unpaved roads to 5 mph.
h. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.

Mitigation Measure 3.3-7: Asphalt paving shall be applied in accordance with APCD Rule 4641, the purpose of which is to limit VOC emissions by restricting the application and manufacturing of certain types of asphalt for paving and maintenance operations. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance EXHIBIT 2
1298

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 27
operations. The Project Applicant shall coordinate with the APCD, prior to Project asphalt paving activities, to ensure all Project asphalt paving would comply with this rule. The Project Applicant shall provide the City of Stockton with evidence of consultation with the APCD, including confirmation of compliance with APCD Rule 4641.
(c) Findings. Emissions from construction activities represent temporary impacts that are typically short in duration, depending on the size, phasing, and type of project. Air quality impacts can nevertheless be acute during construction periods, resulting in significant localized impacts to air quality. Construction-related activities would result in Project-generated emissions from demolition, site preparation, grading, paving, building construction, and architectural coatings. CalEEModTM (v.2022.1) was used to estimate construction emissions for the proposed Project. Table 3.3-12 in Section 3.3 of the Draft EIR provides the construction criteria pollutant emissions associated with implementation of the proposed Project.

Project maximum construction emissions would not exceed the SJVAPCD thresholds of significance. Nevertheless, regardless of emission quantities, the SJVAPCD requires construction related mitigation in accordance with their rules and regulations.

Nevertheless, implementation of the Mitigation Measure 3.3-4 through 3.3-7 would further reduce proposed Project construction related emissions to the extent possible.

The proposed Project would comply with pre-existing requisite federal, State, SJVAPCD, and other local regulations and requirements, as well as implement the mitigation measures provided by the SJVAPCD for construction-related PM10 emissions, including those provided in Mitigation Measure 3.3-4 through 3.3-7. Therefore, the Project’s criteria pollutant emissions would be considered to have a less than significant impact and the Project would not impede or conflict with the Clean Air Plan.

B. BIOLOGICAL RESOURCES

1. IMPACT 3.4-2: THE PROPOSED PROJECT HAS THE POTENTIAL TO HAVE DIRECT OR INDIRECT EFFECTS ON SPECIAL-STATUS REPTILE AND AMPHIBIAN SPECIES. (a) Potential Impact. The potential for the Project to have direct or indirect effects on special-status reptile and amphibian species is discussed on page 3.4-29 through 3.4-31 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures

3.4-1.

CEQA FINDINGS
28 CEQA Findings – LeBaron Ranch
for projects that initiate grading activities during the avian breeding season (March 1 – August 31). When active nests are identified, the biologists develop buffer zones around the active nests as deemed appropriate until the young have fledged. SJCOG also uses the fees to purchase habitat as compensation for the loss of foraging habitat. Coverage involves compensation for habitat impacts on covered species through implementation of incidental take and minimization measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered special status species. These fees are used to preserve and/or create habitat in preserves to be managed in perpetuity. Obtaining coverage for a Project includes incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the Migratory Bird Treaty Act (MBTA).

Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.
(c) Findings. There are two (2) special-status amphibians and two (2) special-status reptiles that are documented within the nine (9)-quadrangle area for the Project site according to the CNDDB, including: Giant garter snake (Thamnophis couchi gigas), Northern California legless lizard (Anniella pulchra), California tiger salamander (Ambystoma californiense), and western spadefoot (Spea hammondii). The Giant garter snake, California tiger salamander, and western spadefoot are covered species under the SJMCP; the Northern California legless lizard is not covered.

The Bear Creek located to the south contains adequate habitat for giant garter snake.

There is also some limited habitat for this species within the irrigation ditches located on the Project site. It is noted that this species was not observed during the field surveys and has not been documented on the Project site. It is noted that the project is subject to the SJMSCP which will require obtaining coverage for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species. Therefore, with full coverage under the SJMSCP (Mitigation Measure 3.4-1), the proposed Project would have a less than significant impact on this special-status species.

Additionally, the Project site does not contain adequate estivation habitat for California tiger salamander because of the frequency of disturbance associated with the agricultural activities. The Bear Creek could be aquatic breeding or movement habitat for this species, although the likelihood is low considering the number of predators (i.e., fish) that live within this water feature. The irrigation ditches have limited water during the non-irrigation season, which coincides with the breeding season. This means that the irrigation ditches have very limited potential to serve as aquatic habitat for this species. This species was not observed and has not been documented on the Project site. This species is not anticipated to be present due to the lack of adequate habitat. It is noted that the project is subject to the SJMSCP which will require obtaining coverage EXHIBIT 2
1300

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 29
for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species. Therefore, with full coverage under the SJMSCP (Mitigation Measure 3.4-1), the proposed Project would have a less than significant impact on this special-status species
In accordance with Public Resources Code, § 21081, Mitigation Measure 3.4-1 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoids or substantially lessens the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to have direct or indirect effects on specialstatus reptile and amphibian species will be mitigated to a less than significant level.

2. IMPACT 3.4-3: THE PROPOSED PROJECT HAS THE POTENTIAL TO HAVE DIRECT OR INDIRECT EFFECTS ON SPECIAL-STATUS BIRD SPECIES.
(a) Potential Impact. The potential for the Project to have direct or indirect effects on special-status bird species is discussed on pages 3.4-31 and 3.4-32 of the Draft EIR. (b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.4-1.

Mitigation Measure 3.4-1: Prior to commencement of any grading activities, the Project proponent shall seek coverage under the San Joaquin County Multi-Species Habitat Conservation Plan (SJMSCP) to mitigate for habitat impacts to covered special status species. As part of the SJMSCP, SJCOG requires preconstruction surveys for projects that initiate grading activities during the avian breeding season (March 1 – August 31). When active nests are identified, the biologists develop buffer zones around the active nests as deemed appropriate until the young have fledged. SJCOG also uses the fees to purchase habitat as compensation for the loss of foraging habitat. Coverage involves compensation for habitat impacts on covered species through implementation of incidental take and minimization measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered special status species. These fees are used to preserve and/or create habitat in preserves to be managed in perpetuity. Obtaining coverage for a Project includes incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the Migratory Bird Treaty Act (MBTA).

Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.
(c) Findings. There are eight (8) special-status birds that are documented in the CNDDB within the nine (9)-quadrangle area for the Project site according to the CNDDB, EXHIBIT 2
1301

CEQA FINDINGS
30 CEQA Findings – LeBaron Ranch
including: Burrowing owl (Athene cunicularia), California black rail (Laterallus jamaicensis coturniculus), Least Bell's vireo (Vireo bellii pusillus), Song sparrow (Modesto Population) (Melospiza melodia), Swainson’s hawk (Buteo swainsoni), Tricolored blackbird (Agelaius tricolor), White-tailed kite (Elanus leucurus), and Yellowheaded blackbird (Xanthocephalus xanthocephalus). All of these bird species, except for Least bell’s vireo, are covered species under the SJMSCP.

Potential nesting habitat is present in a variety of trees located within the Project site and in the vicinity. There is also the potential for other special-status birds that do not nest in this region and represent migrants or winter visitants to forage on the Project site.

Powerlines and trees located in the region represent potentially suitable nesting habitat for a variety of special-status birds. Additionally, the agricultural land represents potentially suitable nesting habitat for some ground-nesting birds. In general, most nesting occurs from late February and early March through late July and early August, depending on various environmental conditions. The CNDDB currently contains records for Swainson's hawk, burrowing owl, and tricolored blackbird in the vicinity of the Project site. In addition to the species described above, common raptors, may nest in or adjacent to the Project site.

New sources of noise and light during the construction and operational phases of the project could adversely affect nesters if they located adjacent to the Project site in any given year. Additionally, the proposed Project would eliminate the agricultural areas on the Project site, which serve as potential foraging habitat for birds throughout the year.

Mitigation Measure 3.4-1 requires participation in the SJMSCP. As part of the SJMSCP, SJCOG requires preconstruction surveys for projects that initiate grading activities during the avian breeding season (March 1 – August 31). When active nests are identified, the biologists develop buffer zones around the active nests as deemed appropriate until the young have fledged. SJCOG also uses the fees to purchase habitat as compensation for the loss of foraging habitat. Implementation of the proposed Project, with the Mitigation Measure 3.4-1, would ensure that potential impacts to special status birds are reduced to a less than significant level.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.4-1 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoids or substantially lessens the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to have direct or indirect effects on specialstatus bird species will be mitigated to a less than significant level.

EXHIBIT 2
1302

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 31

3. IMPACT 3.4-4: THE PROPOSED PROJECT WOULD NOT RESULT IN DIRECT OR INDIRECT EFFECTS

ON SPECIAL-STATUS MAMMAL SPECIES
(a) Potential Impact. The potential for the Project to result in direct or indirect effects on special-status mammal species is discussed on page 3.4-32 through 3.4-33 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.4-1.

Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species.
(c) Findings. There are two (2) special-status mammals that are documented within the nine (9)-quadrangle area for the Project site, including: Riparian brush rabbit (Sylvilagus bachmani riparius) and Pallid bat (Antrozous pallidus). Riparian brush rabbit is a covered species under the SJMSCP, while Pallid bat is not.

The Project site does not contain appropriate habitat for riparian brush rabbit. This species was not observed during the field surveys and has not been documented on the Project site (De Novo Planning Group, 2023). The nearest CNDDB occurrence for this species is located approximately 10.3 miles northwest of the Project site. Regardless, the project is subject to the SJMSCP which will require obtaining coverage for the Project. This would mean that the SJCOG, under authorization from the USFWS and CNDDB would review the project and issue incidental take authorization (permits) under the Endangered Species Act Section 10(a), California Fish and Game Code Section 2081, and the MBTA. Coverage under the SJMSCP would fully mitigate all habitat impacts on covered special-status species. Therefore, with full coverage under the SJMSCP EXHIBIT 2
1303

CEQA FINDINGS
32 CEQA Findings – LeBaron Ranch
(Mitigation Measure 3.4-1), the proposed Project would have a less than significant impact on this special-status species.

Additionally, development of the Project site would eliminate foraging habitat for special status bats by removing the open agricultural areas. With the exception of Pallid bat, these bat species are covered species under the SJMCP and participation in the SJMSCP will provide the coverage for the incidental take of a species if it were to occur.

SJCOG, Inc. as administrator of the SJMSCP will impose appropriate avoidance and minimization measures as part of the incidental take permit. Mitigation Measure 3.4-1, previously listed, will ensure coverage under the SJMSCP. Therefore, this impact would be less than significant.

4. IMPACT 3.4-11: THE PROPOSED PROJECT HAS THE POTENTIAL TO CONFLICT WITH LOCAL

POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES, SUCH AS A TREE PRESERVATION POLICY OR ORDINANCE.
(a) Potential Impact. The potential for the Project to conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance is discussed on page 3.4-36 through 3.4-38 of the Draft EIR. (b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.4-2.

Mitigation Measure 3.4-2: If removal of any oak tree on the project site is required, a certified arborist shall survey the oak trees proposed for removal to determine if they are Heritage Trees as defined in Stockton Municipal Code Chapter 16.130. The arborist report with its findings shall be submitted to the City’s Community Development Department. If Heritage Trees are determined to exist on the property, removal of any such tree shall require a permit to be issued by the City in accordance with Stockton Municipal Code Chapter 16.130.

The permittee shall comply with all permit conditions, including tree replacement at specified ratios.
(c) Findings. The Development Area contains numerous shade trees along the agricultural parcel boundaries, near the center of the Development Area, and near the southwestern corner of the Development Area. It may be possible for specific trees to be incorporated into the final design of the development once the more detailed EXHIBIT 2
1304

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 33
engineering effort begins. However, it is likely that removal of the majority of the onsite trees would be required. Any Heritage Trees that cannot remain in the final design must be replaced in accordance with Chapter 16.130 of the Municipal Code if deemed applicable at the time of removal. A “Heritage Tree” is defined as: “Any Quercus lobata (commonly known as “Valley Oak”), Quercus agrifolia (Coast Live Oak), and Quercus wislizenii (Interior Live Oak) tree which is located on public or private property within the limits of the City, and which has a trunk diameter of 16 inches or more, measured at 24 inches above actual grade. For Oak trees of the species mentioned above, with multiple trunks, the combined total trunk diameter shall be used for all trunks measuring six (6) inches or greater measured at 24 inches above actual grade.” Mitigation Measure 3.4-2 would require compliance with the Stockton Municipal Code for removal and replacement of Heritage Oak Trees. With the implementation of the following mitigation measures, the proposed Project would have a less than significant impact relative to this topic.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.4-2 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoids or substantially lessens the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance will be mitigated to a less than significant level.

C. CULTURAL AND TRIBAL RESOURCES

1. IMPACT 3.5-2: PROJECT IMPLEMENTATION HAS THE POTENTIAL TO CAUSE A SUBSTANTIAL

ADVERSE CHANGE TO A SIGNIFICANT ARCHAEOLOGICAL RESOURCE, AS DEFINED IN CEQA GUIDELINES §15064.5, OR A SIGNIFICANT TRIBAL CULTURAL RESOURCE, AS DEFINED IN PUBLIC RESOURCES CODE §21074.
(a) Potential Impact. The potential for the Project to cause a substantial adverse change to a significant archaeological resource, as defined in CEQA Guidelines §15064.5, or a significant tribal cultural resource, as defined in Public Resources Code §21074 is discussed on pages 3.5-12 and 3.5-13 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measures are hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures 3.5-1 and 3.5-2.

Mitigation Measure 3.5-1: Prior to any ground-disturbing activities on the Project site, the Developer shall a qualified archaeologist and native American monitor to conduct pre-construction worker cultural resources sensitivity training. The training session shall focus on the recognition of the types of historical and cultural, including Native American, resources that could be EXHIBIT 2
1305

CEQA FINDINGS
34 CEQA Findings – LeBaron Ranch
encountered; procedures to be followed if resources are found, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and pertinent laws protecting these resources. Training shall be scheduled at the discretion of the Project applicant in consultation with the City.

The Developer shall be responsible for ensuring that all workers requiring training are in attendance. Those in attendance shall be recorded, with records maintained on-site. Any new workers that were not part of the initial training shall be required to undergo a new training session.

Mitigation Measure 3.5-2: If any cultural resources, including prehistoric or historic artifacts, or other indications of archaeological resources, are found during grading and construction activities during any phase of the Project, all work shall be halted immediately within a 200-foot radius of the discovery until an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, has evaluated the find(s).

Work shall not continue at the discovery site until the archaeologist conducts sufficient research and data collection to make a determination that the resource is either 1) not cultural in origin; or 2) not potentially significant or eligible for listing on the NRHP or CRHR; or 3) not a significant Public Trust Resource.

If Native American resources are identified, a Native American monitor, following the Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites established by the Native American Heritage Commission, may also be required and, if required, shall be retained at the Project applicant’s expense.

If the discovery proves to be significant under CEQA and cannot be avoided by the Project, additional work such as data recovery excavation may be warranted to mitigate any significant impacts. Mitigation could include avoidance, preservation in place, or the scientific removal, analysis, reporting, and curation of any recovered cultural materials. Construction shall not resume in the area until appropriate protection and preservation measures are in place and have been approved by the Community Development Director or designee, and the qualified archaeologist states in writing that the proposed construction activities would not significantly damage any archaeological or tribal cultural resources. (c) Findings. The Project site is located in an area known to have archaeological, cultural, and tribal cultural resources. As noted above, a CHRIS search was requested from the CCIC, which included the Project site and a 0.25-mile radius. According to the CCIC CHRIS results, no cultural resources have been reported within the Project site; however, several resources have been found within the 0.25-mile search radius. A letter was sent to the NAHC requesting a records search of the Sacred Lands files for the Project site, as EXHIBIT 2
1306

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 35
well as a list of Native American tribes that may have knowledge of cultural resources in the Project site. On August 24, 2023, the NAHC responded indicating that results were negative for Sacred Lands. The NAHC provided a list of individuals and groups to contact regarding potential cultural resources within the Project site. Letters were sent to the groups and individuals listed on July 29, 2023, in compliance with AB 52 and SB 18; refer to Appendix D for tribal consultation communications. The consultation letters provided information regarding the proposed Project and contact information for the Project Planner. Under AB 52, Native American tribes have 30 days to respond and request further project information and formal consultation. No tribal organizations responded requesting formal consultation with the City.

Although no archeological resources or Native American tribal cultural resources are known to occur within the Project site, as with most projects in the region that involve ground-disturbing activities, there is the potential for discovery of previously unknown archaeological resources and/or tribal cultural resources. Implementation of Mitigation Measures 3.5-1 through 3.5-2 would ensure that the potential impact to archaeological and tribal cultural resources is less than significant.

In accordance with Public Resources Code, § 21081, Mitigation Measures 3.5-1 and 3.5- 2 are appropriate changes or alterations that have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to cause a substantial adverse change to a significant archaeological or tribal cultural resource will be mitigated to a less than significant level.

D. GEOLOGY AND SOILS

1. IMPACT 3.6-5: THE PROPOSED PROJECT HAS THE POTENTIAL TO DIRECTLY OR INDIRECTLY DESTROY A UNIQUE GEOLOGICAL FEATURE OR PALEONTOLOGICAL RESOURCE. (a) Potential Impact. The potential to directly or indirectly destroy a unique geological feature or paleontological resource is discussed on page 3.6-20 of the Draft EIR. (b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.6-1.

Mitigation Measure 3.6-1: If any paleontological resources are found during grading and construction activities of the Project, all work shall be halted immediately within a 200-foot radius of the discovery, the City of Stockton Community Development Director shall be notified, and a professional vertebrate paleontologist (as defined by the Society for Vertebrate Paleontology) shall be contacted immediately to evaluate the find. The paleontologist shall have the authority to stop or divert construction, as necessary. Documentation and treatment EXHIBIT 2
1307

CEQA FINDINGS
36 CEQA Findings – LeBaron Ranch
of the discovery shall occur in accordance with Society of Vertebrate Paleontology standards.

Work shall not continue at the discovery site until the professional vertebrate paleontologist evaluates the find pursuant to the CEQA Guidelines and makes a determination regarding the significance of the resource and identifies recommendations for conservation of the resource, including, but not limited to, preserving in place or relocating on the Project site, if feasible, or collecting the resource to the extent feasible and documenting the find with the University of California Museum of Paleontology.
(c) Findings. The Project site is located in an area known to have paleontological resources.

As previously mentioned, the Envision Stockton 2040 General Plan Update EIR included a search of the database of the UC Museum of Paleontology at Berkeley, which identified over 800 documented fossil localities within San Joaquin County. While only a handful were identified within the Stockton Planning Area, it is possible that undiscovered paleontological resources could be encountered during ground-disturbing activities from development of the Project site.

Damage to or destruction of a paleontological resource would be considered a potentially significant impact under local, State, or federal criteria. Implementation of Mitigation Measure 3.6-1 would ensure steps would be taken to reduce impacts to paleontological resources in the event that they are discovered during construction, including stopping work in the event potential resources are found, evaluation of the resource by a qualified paleontologist and appropriate handling of any potential resource, including, but not limited to, preserving in place or relocating on the Project site, if feasible, or collecting the resource to the extent feasible and documenting the find with the University of California Museum of Paleontology. This mitigation measure would reduce this impact to a less-than-significant level.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.6-1 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoids or substantially lessens the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to directly or indirectly destroy a unique geological feature or paleontological resource will be mitigated to a less than significant level.

EXHIBIT 2
1308

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 37
E. HAZARDS AND HAZARDOUS MATERIALS

1. IMPACT 3.8-1: PROJECT IMPLEMENTATION HAS THE POTENTIAL TO CREATE A SIGNIFICANT

HAZARD THROUGH THE ROUTINE TRANSPORT, USE, OR DISPOSAL OF HAZARDOUS MATERIALS OR

THROUGH THE REASONABLY FORESEEABLE UPSET AND ACCIDENT CONDITIONS INVOLVING THE RELEASE OF HAZARDOUS MATERIALS INTO THE ENVIRONMENT.
(a) Potential Impact. The potential to create a significant hazard through the routine transport, use, or disposal of hazardous materials or through the reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment is discussed on pages 3.8-16 through 3.8-19 of the Draft EIR. (b) Mitigation Measures. The following mitigation measures are hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures 3.8-1 and 3.8-2.

Mitigation Measure 3.8-1: Prior to initiating construction or grading activities, the construction contractor shall be provided with project-specific training regarding the identification and handling of hazardous materials and agency notification procedures. In the event that contaminated soils are encountered during construction, the Project applicant shall prepare and implement a Soils Management Plan (SMP) to provide guidance for the proper handling, onsite management, and disposal of impacted soil that might be encountered during construction activities. The SMP shall establish management practices for handling of contaminated soils and other hazardous materials during construction. The SMP would include, but is not limited to, an outline of how Project construction crews would identify, handle, and dispose of potentially contaminated soil; the qualifications of the appropriately trained professionals that would monitor soil conditions and conduct soil sampling during construction; laboratory testing; anticipated field screening methods and appropriate regulatory limits to be applied to determine proper handling and disposal; and requirements for documenting and reporting incidents of encountered contaminants, such as documenting locations of occurrence, sampling results, and reporting actions taken to dispose of contaminated materials. In the event that potentially contaminated soils were encountered within the footprint of construction, soils would be tested and stockpiled. The SMP shall be submitted to the San Joaquin County Department of Environmental Health for review and approval. The approved SMP shall be posted and maintained onsite during construction activities and all construction personnel shall acknowledge that they have reviewed and understand the plan.

Mitigation Measure 3.8-2: Prior to initiation of any ground disturbance activities, a soil sampling and analysis workplan shall be submitted to the San Joaquin County Department of Environmental Health for approval. The sampling and analysis plan shall meet the requirements of the Department of Toxic Substances Control Interim Guidance for Sampling Agricultural Properties (2008), and the County Department EXHIBIT 2
1309

CEQA FINDINGS
38 CEQA Findings – LeBaron Ranch
of Environmental Resources Recommended Soil and Groundwater Sampling for Underground Tank Investigations (2013). Evenly distributed soil samples shall be conducted throughout the Development Area for analysis of pesticides and heavy metals. The samples shall be submitted for laboratory analysis of pesticides and heavy metals per DTSC and EPA protocols. The results of the soil sampling shall be submitted to the City of Stockton for review.

If the sampling results indicate the presence of agrichemicals that exceed commercial screening levels, a removal action workplan shall be prepared in coordination with San Joaquin County Environmental Health Department. The removal action workplan shall include a detailed engineering plan for conducting the removal action, a description of the onsite contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection. A no further action letter shall be issued by San Joaquin County Environmental Health Department upon completion of the removal action. The removal action shall be deemed complete when the confirmation samples exhibit concentrations below the commercial screening levels, which will be established by the agencies.
(c) Findings. Construction workers and the general public could be exposed to hazards and hazardous materials because of improper handling or use during construction activities (particularly by untrained personnel); transportation accidents; or fires, or other emergencies. Construction workers could also be exposed to hazards associated with accidental releases of hazardous materials, which could result in significant impacts to the health and welfare of people and/or wildlife. Additionally, an accidental release into the environment could result in the contamination of water, soil, habitat, and other resources. Existing regulatory requirements of the Regional Water Quality Control Board require the preparation a project-specific Stormwater Pollution Prevention Plan (SWPPP). The SWPPP requires project applicants to include project-specific best management practices (BMPs) that the Regional Water Quality Control Board (RWQCB) has deemed effective in controlling erosion, sedimentation, and runoff during construction activities. The Project would be required to prepare and implement a Project-specific SWPPP.

Contractors would be required to comply with CalEPA’s Unified Program; regulated activities would be managed by San Joaquin County Department of Environmental Health, the designated Certified Unified Program Agency for San Joaquin County, in accordance with the regulations included in the Unified Program (e.g., hazardous materials release response plans and inventories, California hazardous material management plans and inventories). Additionally, if hazardous materials are discovered during Project construction activities, a Soils Management Plan (SMP) would be submitted and approved by the San Joaquin County Department of Environmental Health, as required by Mitigation Measure 3.8-1. The SMP would establish management practices for handling hazardous materials, including fuels, paints, cleaners, solvents, EXHIBIT 2
1310

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 39
etc., during construction. Such compliance would reduce the potential for accidental release of hazardous materials during construction of the proposed Project. As a result, it would lessen the risk of exposure of construction workers and the public to accidental release of hazardous materials, as well as the demand for incident emergency response.

The Project site consists of the Development Area (236.3 acres), Non-development Area (56.03 acres), and Right-of-Way Annexation Area (13.7 acres). The Development Area is predominantly comprised of agricultural and undeveloped uses. The Project proposes to construct a primarily residential development comprised of up to 1,411 residential units, parks/open space, and a school site within the Development Area, as well as circulation and infrastructure improvements. Future development within the Development Area would involve the conversion of active agricultural land into residential, public facility, and/or open space uses. Site grading, excavation for utilities, trenching, backfilling, and the construction of proposed structures could result in the exposure of construction workers and the general public to hazardous materials, such as pesticides and herbicides. Like most agricultural and farming operations in the Central Valley, agricultural practices in the area have used agricultural chemicals including pesticides and herbicides as a standard practice. Although no contaminated soils have been identified on the Project site or the vicinity above applicable levels, residual concentrations of pesticides may be present in soil because of historic agricultural application and storage. Continuous spraying of crops over many years can potentially result in a residual buildup of pesticides, in farm soils. Of highest concern relative to agrichemicals are chlorinated herbicides, organophosphate pesticides, and organochlorine pesticides (OCPs), such as such as Mecoprop (MCPP), Dinoseb, chlordane, dichloro-diphenyltrichloroethane (DDT), and dichloro-diphenyldichloroethylene (DDE).

Mitigation Measure 3.8-2 requires evenly distributed soil samples to be conducted within the Development Area for analysis of pesticides and heavy metals prior to initiation of any ground disturbance activities. If elevated levels of pesticides or heavy metals are detected during the laboratory analysis of the soils, the Project applicant would be required to prepare and implement a soil cleanup and remediation plan prior to the commencement of grading activities. Implementation of Mitigation Measure 3.8- 2 would ensure that redevelopment of the active agricultural land would not result in accidental release of or exposure to hazardous materials.

Implementation of the mitigation measures in Section 3.8 will ensure that these potential impacts are reduced to a less than significant level. In accordance with Public Resources Code, § 21081, Measures 3.8-1 and 3.8-2 are appropriate changes or alterations that have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to create a significant hazard through the routine transport, use, or disposal of hazardous materials or through the reasonably foreseeable upset and EXHIBIT 2
1311

CEQA FINDINGS
40 CEQA Findings – LeBaron Ranch
accident conditions involving the release of hazardous materials into the environment will be mitigated to a less than significant level.

F. HYDROLOGY AND WATER QUALITY

2. IMPACT 3.9-4: THE PROPOSED PROJECT HAS THE POTENTIAL TO, IN A FLOOD HAZARD, TSUNAMI, OR SEICHE ZONES, RISK RELEASE OF POLLUTANTS DUE TO PROJECT INUNDATION. (a) Potential Impact. The potential to, in a flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation is discussed on pages 3.9-27 through 3.9- 29 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.9-1.

Mitigation Measure 3.9-1: All residential and non-residential structures within the Project site shall meet the urban level of flood protection, as required by the State of California Central Valley Flood Protection Act of 2008 (Senate Bill 5). Finished floor elevations of proposed residential structures shall be elevated to or above the prescribed 200-year floodplain elevation, or proposed nonresidential structures shall be floodproofed, consistent with the City of Stockton’s Criteria for Development in 200-year Floodplains and City of Stockton Municipal Code. Code compliance shall be documented in materials prepared by licensed professionals and submitted to the Community Development Director.
(c) Findings. According to the FEMA FIRM, the Project site is located within Zone X (areas of 0.2 percent annual chance [500-year] flood; and areas protected by levees from the one percent annual chance [100-year] flood), as shown in Figure 3.9-2. According to the State DWR Levee Flood Protection Zone maps, the Project site is located within a Levee Flood Protection Zone protected by Bear Creek, with an unknown flood depth. There are several relatively small areas within the Project site that are potentially subject to flood depths of three feet or more during a 200-year storm event, as shown on Figure

3.9-4. Additionally, the entire Project site is located within the Camanche Dam and Salt Springs inundation area, as shown in Figure 3.9-3.

According to the City’s established criteria, the Project site would be considered an urban area, as it is located within the City’s corporate limits. Thus, the Project may be approved provided that all properties within the Project site would meet the urban level of flood protection.

As described in the City’s established criteria for development in 200-year floodplains, the urban level of flood protection could be achieved for proposed residential EXHIBIT 2
1312

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 41
development by elevating proposed residential structures such that the lowest floor of the habitable area of a building is or will be no lower than three feet from the 200-year base flood elevation. Non-residential structures can be flood-proofed by other means (i.e., dry floodproofing). In any event, compliance with the requirements of the Stockton Municipal Code must be certified by a licensed land surveyor or civil engineer, verified by the Building Division, and submitted to the Director. Project exposure to 200-year flooding is considered a potentially significant impact, which would be reduced to a less than significant level with implementation of Mitigation Measure 3.9-1.

Following implementation of Mitigation Measure 3.9-1, which would require conforming with the urban level of flood protection, as required by the SB 5, and compliance with other applicable existing regulations, including the City of Stockton’s Criteria for Development in 200-year Floodplains and City of Stockton Municipal Code, the Project would not result in a flood hazard or result in the release of pollutants due to on- or off-site flooding due to implementation of the proposed Project and impacts would be less than significant in this regard.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.9-1 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential to, in a flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation will be mitigated to a less than significant level.

G. NOISE

1. IMPACT 3.11-1: THE PROPOSED PROJECT HAS THE POTENTIAL TO GENERATE A SUBSTANTIAL

TEMPORARY OR PERMANENT INCREASE IN AMBIENT NOISE LEVELS IN THE VICINITY OF THE

PROJECT IN EXCESS OF STANDARDS ESTABLISHED IN THE LOCAL GENERAL PLAN OR NOISE ORDINANCE, OR APPLICABLE STANDARDS OF OTHER AGENCIES.
(a) Potential Impact. The potential for the Project to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies is discussed on pages 3.11-14 through 3.11-17 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measures

3.11-1.

Mitigation Measure 3.11-1: To reduce potential construction noise impacts during Project construction, the following multi-part mitigation measure shall be implemented for the Project:

EXHIBIT 2
1313

CEQA FINDINGS
42 CEQA Findings – LeBaron Ranch
• All construction equipment powered by internal combustion engines shall be properly muffled and maintained.
• Quiet construction equipment, particularly air compressors, shall be selected whenever possible.
• All stationery noise-generating construction equipment such as generators or air compressors shall be located as far as is practical from existing residences.

In addition, the Project contractor shall place such stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the Project site.
• Unnecessary idling of internal combustion engines shall be prohibited. • The construction contractor shall, to the maximum extent practical, locate on-site equipment staging areas so as to maximize the distance between construction-related noise sources and noise-sensitive receptors nearest the Project site during all Project construction.
• Construction shall be limited to 7:00 a.m. to 10:00 p.m. • Staging areas on the Project site shall be located in areas that maximize, to the extent feasible, the distance between staging activity and sensitive receptors.

These requirements shall be noted on the Project improvement plans as part of the submittal for grading or building permit, whichever shall occur first, to the City of Stockton Building and Life Safety Division.
(c) Findings. Noise would also be generated during the construction phase by increased truck traffic on area roadways. A project-generated noise source would be truck traffic associated with transport of heavy materials and equipment to and from the construction site. This noise increase would be of short duration and would occur during daytime hours.

Although construction activities are temporary in nature and would occur during normal daytime working hours, construction-related noise could result in sleep interference at existing noise-sensitive land uses in the vicinity of the construction if construction activities were to occur outside the normal daytime hours. Therefore, impacts resulting from noise levels temporarily exceeding the threshold of significance due to construction would be considered potentially significant. Compliance with the City’s permissible hours of construction, as well as implementing the best management noise reduction techniques and practices (both outlined in Mitigation Measure 3.11-1), would ensure that construction noise would not result in a substantial temporary increase in ambient noise levels that would result in annoyance or sleep disturbance of nearby sensitive receptors. For example, all stationery noise-generating construction equipment such as generators or air compressors shall be located as far as is practical from existing residences. In addition, the Project contractor shall place such stationary construction equipment so that emitted noise is directed away from sensitive receptors EXHIBIT 2
1314

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 43
nearest the Project site. Therefore, with implementation of Mitigation Measure 3.11-1, temporary construction noise impacts would be less-than-significant.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.11-1 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential for the Project to generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies will be mitigated to a less than significant level.

H. UTILITIES

1. IMPACT 3.14-2: THE PROPOSED PROJECT HAS THE POTENTIAL TO RESULT IN A

DETERMINATION BY THE WASTEWATER TREATMENT AND/OR COLLECTION PROVIDER WHICH

SERVES OR MAY SERVE THE PROJECT THAT IS DOES NOT HAVE ADEQUATE CAPACITY TO SERVE THE PROJECT’S PROJECTED DEMAND IN ADDITION TO THE PROVIDER’S EXISTING COMMITMENTS.
(a) Potential Impact. The potential for the proposed Project to result in a determination by the wastewater treatment and/or collection provider which serves or may serve the Project that is does not have adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments is discussed on pages 3.14-9 and

3.14-10 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.14-1.

Mitigation Measure 3.14-1: Prior to occupancy of any building that would require wastewater treatment services, the Project proponent shall secure from the City of Stockton Municipal Utilities Department with a request for utility service adequate wastewater treatment capacity/allocation.
(c) Findings. Municipal wastewater collection and treatment will be provided by the City of Stockton. The site is within the City Urban Service Area and has been included in the City’s Wastewater Collection System Master Plan. The proposed Project would be located within System 10 sub-area of the City of Stockton wastewater collection system.

This plan has anticipated the extension of municipal wastewater collection and treatment service for the Project site. Certain unit processes within the City’s wastewater treatment facility are approaching their functional capacity, and expansion of the treatment facility to meet anticipated demands resulting from growth in Stockton is the subject of an ongoing planning and engineering effort. The treatment plant has adequate capacity to serve anticipated short-term development within the City, and EXHIBIT 2
1315

CEQA FINDINGS
44 CEQA Findings – LeBaron Ranch
expansion plans provide for creation of additional capacity over time to meet anticipated demands generated from the annexation area and other growth areas of the City.

Occupancy of the proposed Project would be prohibited without sewer allocation, as required by section 13.12.100, Mandatory Sanitary Service Required, of the City’s Municipal Code. An issuance of sewer allocation from the City’s available capacity would ensure that there would be a final determination by the wastewater treatment and/or collection provider that there is adequate capacity to serve the proposed Project’s projected demand in addition to the provider’s existing commitments. Additionally, any planned expansion to the RWCF with a subsequent allocation of capacity to the proposed Project would ensure that there would not be a determination by the wastewater treatment and/or collection provider that there is inadequate capacity to serve the proposed Project’s projected demand in addition to the provider’s existing commitments. Mitigation Measure 3.14-1 requires the Project proponent to secure adequate wastewater treatment capacity/allocation prior to occupancy of any building which would require wastewater treatment services. Implementation of Mitigation Measure 3.14-1 would reduce this potential impact to a less than significant level.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.14-1 is an appropriate change or alteration that has been required in, or incorporated into, the Project which avoids or substantially lessens the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential for the proposed Project to result in a determination by the wastewater treatment and/or collection provider which serves or may serve the Project that is does not have adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments will be mitigated to a less than significant level.

2. IMPACT 3.14-6: THE PROPOSED PROJECT WOULD NOT REQUIRE OR RESULT IN THE

CONSTRUCTION OF NEW STORM WATER DRAINAGE FACILITIES OR EXPANSION OF EXISTING

FACILITIES, THE CONSTRUCTION OF WHICH COULD CAUSE SIGNIFICANT ENVIRONMENTAL EFFECTS.
(a) Potential Impact. The potential for the proposed Project to require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects is discussed on pages 3.14-39 through 3.14-41 of the Draft EIR.
(b) Mitigation Measures. The following mitigation measure is hereby adopted and will be implemented as provided by the Mitigation Monitoring Program: Mitigation Measure

3.14-2.

Mitigation Measure 3.14-2: Prior to the issuance of a building or grading permit, the project applicant shall submit a drainage plan to the City of Stockton for review EXHIBIT 2
1316

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 45
and approval. The plan shall include an engineered Storm Water Quality Control Criteria Plan (SWQCCP) that demonstrates attainment of pre-project runoff requirements prior to release at the Bear Creek outfall. The plan shall describe the volume reduction measures and treatment controls, which may include, but not limited to vegetated swale, infiltration basin, rain garden, or bioretention, consistent with the Federal Clean Water Act, the City’s Stormwater Quality Control Criteria Plan, the adopted municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit and the City's corresponding Stormwater Management Plan.
(c) Findings. According to the City of Stockton and San Joaquin County Stormwater Quality Control Criteria Plan (SWQCCP), the Project would be considered both a Priority Project and a PLU Project, as the Project includes a residential subdivision of 10 housing units or more (Priority Project) and contains land uses with at least 10 developed dwelling units per acre (PLU Project). Priority projects are required to prepare and submit a Project Stormwater Quality Control Plan with the initial building permit submittal, that demonstrates the Project incorporates site design measures, landscape features, and engineered treatment facilities (typically bioretention facilities) that will minimize imperviousness, retain or detain stormwater, slow runoff rates, and reduce pollutants in post-development runoff. In particular, the Project Stormwater Quality Control Plan would specify BMPs required to be implemented by the Project and design specifications for selected BMPs. The Project Stormwater Quality Control Plan must be submitted for review and approval by the City of Stockton Department of Municipal Utilities.

The proposed Project includes development of a new storm drainage system to serve the proposed uses as described above. The potential environmental effects resulting from construction of the storm drainage system are analyzed throughout this Draft EIR, and in some cases, there are potentially significant impacts associated with construction of this infrastructure. Where impacts are identified for each environmental topic, mitigation measures are developed to avoid, minimize, or compensate for the impact to the extent practicable. All mitigation measures presented throughout this EIR will be implemented to reduce impacts to the extent practicable. There will not be any significant impacts beyond what is disclosed in the other chapters of this document. In addition to the other mitigation measures presented throughout this document, the following mitigation measure is intended to ensure that the drainage system is designed and constructed to meet the City’s performance standards. With the implementation of mitigation measures presented throughout the Draft EIR, and Mitigation Measure 3.14- 2, impacts would be less than significant, as adequate utility services and wastewater treatment, as well as submission of a drainage plan to the City of Stockton, would be reviewed and approved prior to approval.

In accordance with Public Resources Code, § 21081, Mitigation Measure 3.14-2 is an appropriate change or alteration that has been required in, or incorporated into, the EXHIBIT 2
1317

CEQA FINDINGS
46 CEQA Findings – LeBaron Ranch
Project which avoids or substantially lessens the significant environmental effect as identified in the EIR. Based upon the EIR and the entire record before this City Council, this City Council finds that the potential for the proposed Project to require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects will be mitigated to a less than significant level.

V. FINDINGS AND RECOMMENDATIONS REGARDING THOSE IMPACTS

WHICH ARE LESS THAN SIGNIFICANT OR LESS THAN

CUMULATIVELY CONSIDERABLE
Specific impacts within the following categories of environmental effects were found to be less than significant as set forth in more detail in the Draft EIR.

Aesthetics and Visual Resources: The following specific impacts were found to be less than significant:

Impact 3.1-2: Project implementation would not substantially damage scenic resources within a State Scenic Highway.

Impact 3.1-3: Project implementation may result in light and glare impacts.

Agricultural Resources: The following specific impact was found to be less than significant:

Impact 3.2-3: The proposed Project may involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use.

Air Quality: The following specific impacts were found to be less than significant:

Impact: 3.3-3: The proposed Project would not generate carbon monoxide hotspot impacts.

Impact 3.3-4: The proposed Project has the potential for public exposure to toxic air contaminants.

Impact 3.3-5: The proposed Project would not cause exposure to other emissions (such as those leading to odors) adversely affecting a substantial number of people.

Biological Resources: The following specific impacts were found to be less than significant:

Impact 3.4-1: The proposed Project would not have a direct or indirect effect on specialstatus invertebrate species.

Impact 3.4-5: The proposed Project would not result in direct or indirect effects on candidate, sensitive, or special-status plant species.

EXHIBIT 2
1318

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 47
Impact 3.4-6: The proposed Project would not result in direct or indirect effects on candidate, sensitive, or special-status fish species.

Impact 3.4-7: The proposed Project would not affect protected wetlands and jurisdictional waters.

Impact: 3.4-8: The proposed Project would not result in adverse effects on riparian habitat or a sensitive natural community.

Impact 3.4-9: The proposed Project would not result in interference with the movement of native fish or wildlife species or with established wildlife corridors, or impede the use of native wildlife nursery sites.

Impact 3.4-10: The proposed Project would not conflict with an adopted Habitat Conservation Plan.

Cultural and Tribal Resources: The following specific impacts were found to be less than significant:

Impact 3.5-1: Project implementation would not cause a substantial adverse change to a significant historical resource, as defined in CEQA Guidelines §15064.5.

Impact 3.5-3: Project implementation has the potential to disturb human remains, including those interred outside of formal cemeteries.

Geology and Soils: The following specific impacts were found to be less than significant:

Impact: 3.6-1: The proposed Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault, strong seismic ground shaking, seismic related ground failure, or landslides.

Impact 3.6-2: Implementation and construction of the proposed Project may result in substantial soil erosion or the loss of topsoil.

Impact 3.6-3: The proposed Project has the potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of Project implementation, and potentially result in landslide, lateral spreading, subsidence, liquefaction or collapse.

Impact 3.6-4: The proposed Project has the potential for expansive soils to create substantial risks to life or property.

Greenhouse Gases, Climate Change, and Energy: The following specific impacts were found to be less than significant:

Impact 3.7-1: Project implementation would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment and EXHIBIT 2
1319

CEQA FINDINGS
48 CEQA Findings – LeBaron Ranch
would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Impact 3.7-2: Project implementation would not result in the inefficient, wasteful, or unnecessary use of energy resources, and would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Hazards and Hazardous Materials: The following specific impacts were found to be less than significant:

Impact 3.8-2: Project implementation has the potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school.

Impact 3.8-3: Project implementation has the potential to result in impacts from being included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

Impact 3.8-4: Project implementation has the potential to result in a safety hazard for people residing or working on the Project site as a result of public airport or public use airport.

Impact 3.8-5: Project implementation has the potential to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

Impact 3.8-6: Project implementation has the potential to expose people or structures to a risk of loss, injury or death from wildland fires.

Hydrology and Water Quality: The following specific impacts were found to be less than significant:

Impact 3.9-1: The proposed Project has the potential to violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality.

Impact 3.9-2: The proposed Project has the potential to substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin.

Impact 3.9-3: The proposed Project would not alter the existing drainage pattern of the site or area, including the alteration of the course of a river or through the addition of impervious surfaces, in a manner which would result in substantial erosion, siltation, surface runoff, flooding, or polluted runoff.

EXHIBIT 2
1320

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 49
Impact 3.9-5: The proposed Project has the potential to conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

Land Use and Population: The following specific impacts were found to be less than significant:

Impact 3.10-1: The proposed Project would not physically divide an established community.

Impact 3.10-2: The proposed Project would not conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project adopted to avoid or mitigate an environmental effect.

Impact 3.10-3: The proposed Project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure).

Impact 3.10-4: The proposed Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.

Noise: The following specific impacts were found to be less than significant:

Impact 3.11-2: The proposed Project would not generate excessive groundborne vibration or groundborne noise levels.

Impact 3.11-3: The proposed Project would not expose people residing or working in the Project area to excessive noise levels.

Public Services and Recreation: The following specific impacts were found to be less than significant:

Impact 3.12-1: The proposed Project would not require the construction of police department facilities which may cause substantial adverse physical environmental impacts.

Impact 3.12-2: The proposed Project would not require the construction of fire department facilities which may cause substantial adverse physical environmental impacts.

Impact 3.12-3: The proposed Project would not require the construction of school facilities which may cause substantial adverse physical environmental impacts.

Impact 3.12-4: The proposed Project would not have effects on other public facilities.

EXHIBIT 2
1321

CEQA FINDINGS
50 CEQA Findings – LeBaron Ranch
Impact 3.12-5: The proposed Project would not require the construction of park and recreational facilities which may cause substantial adverse physical environmental impacts.

Impact 3.12-6: The proposed Project would not increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated.

Transportation and Circulation: The following specific impacts were found to be less than significant:

Impact 3.13-2: Project implementation would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.

Impact 3.13-3: Project implementation would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).

Impact 3.13-4: Project implementation would not result in inadequate emergency access.

Impact 3.13-5: Project implementation would not cause impacts due to construction.

Utilities: The following specific impacts were found to be less than significant:

Impact 3.14-1: The proposed Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board.

Impact 3.14-3: The proposed Project would not require or result in the construction of new wastewater treatment or collection facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.

Impact 3.14-4: The proposed Project would not require construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.

Impact 3.14-5: The proposed Project would not have insufficient water supplies available to serve the Project from existing entitlements and resources.

Impact 3.14-7: The proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project’s solid waste disposal needs and comply with federal, State, and local statutes and regulations related to solid waste.

The Project was found to have a less than cumulatively considerable contribution to specific impacts within the following categories of environmental effects as set forth in more detail in the Draft EIR.

EXHIBIT 2
1322

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 51
Aesthetics and Visual Resources: The following specific impact was found to be less than cumulatively considerable:

Impact 4.1: Cumulative Damage to Scenic Resources within a State Scenic Highway Impact 4.3: Cumulative Impact on Light and Glare
Biological Resources: The following specific impact was found to be less than cumulatively considerable:

Impact 4.6: Cumulative Loss of Biological Resources Including Habitats and Special Status Species
Cultural and Tribal Resources: The following specific impact was found to be less than cumulatively considerable:

Impact 4.7: Cumulative Impacts on Known and Undiscovered Cultural and Tribal Resources
Geology and Soils: The following specific impact was found to be less than cumulatively considerable:

Impact 4.8: Cumulative Impacts on Known and Undiscovered Cultural and Tribal Resources
Greenhouse Gases, Climate Change, and Energy: The following specific impact was found to be less than cumulatively considerable:

Impact 4.9: Cumulative Impact on Climate Change from Increased Project-Related Greenhouse Gas Emissions
Hazards and Hazardous Materials: The following specific impact was found to be less than cumulatively considerable:

Impact 4.10: Cumulative Impact Related to Hazards and Hazardous Materials Hydrology and Water Quality: The following specific impacts were found to be less than cumulatively considerable:

Impact 4.11: Cumulative Increases in Peak Stormwater Runoff from the Project Site Impact 4.12: Cumulative Impacts Related to Degradation of Water Quality Impact 4.13: Cumulative Impacts Related to Degradation of Groundwater Supply or Recharge
Impact 4.14: Cumulative Impacts Related to Flooding
EXHIBIT 2
1323

CEQA FINDINGS
52 CEQA Findings – LeBaron Ranch
Land Use and Population: The following specific impact was found to be less than cumulatively considerable:

Impact 4.15: Cumulative Impact on Communities and Local Land Uses and Population Noise: The following specific impact was found to be less than cumulatively considerable:

Impact 4.16: Cumulative Exposure of Existing and Future Noise-Sensitive Land Uses to Increased Noise Resulting from Cumulative Development
Public Services and Recreation: The following specific impact was found to be less than cumulatively considerable:

Impact 4.17: Cumulative Impact on Public Services
Transportation and Circulation: The following specific impacts were found to be less than cumulatively considerable:

Impact 4.19: Under Cumulative conditions, the proposed Project would not adversely affect pedestrian and bicycle facilities
Impact 4.20: Under Cumulative conditions, the proposed Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) Impact 4.21:

Utilities: The following specific impacts were found to be less than cumulatively considerable:

Impact 4.22: Under Cumulative conditions, the proposed Project would not cause impacts due to construction
Impact 4.23: Cumulative Impact on Wastewater Utilities
Impact 4.24: Cumulative Impact on Water Utilities
Impact 4.25: Cumulative Impact on Stormwater Facilities Impact 4.26: Cumulative Impact on Solid Waste Facilities The above impacts are less than significant or less than cumulatively considerable for one of the following reasons:
• The EIR determined that the impact is less than significant for the Project; • The EIR determined that the Project would have a less than cumulatively considerable contribution to the cumulative impact; or
• The EIR determined that the impact is beneficial (would be reduced) for the Project.

EXHIBIT 2
1324

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 53
VI. PROJECT ALTERNATIVES
A. IDENTIFICATION OF PROJECT OBJECTIVES
An EIR is required to identify a range of reasonable alternatives to the project. The “range of potential alternatives to the project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one of more of the significant effects.” (CEQA Guidelines Section 15126.6(c).) “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries (projects with a regionally significant impact should consider the regional context), and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site (or the site is already owned by the proponent).” (CEQA Guidelines Section 15126.6(f)(1).) The principal purpose of the proposed Project is the annexation of the Project site into the City of Stockton, and approval and subsequent development of the Development Area for residential and park uses.

The LeBaron Ranch Project identifies the following project objectives as part of the stated purpose:
• Provide residential housing opportunities, with an array of lot sizes and housing types, that are visually attractive and accommodate the future housing demand in Stockton. • Establish a mixture of Low-, Medium-, and High-Density Residential project types that collectively provide for local and regional housing and that take advantage of the area’s high level of accessibility. Ensure that all housing is designed with architectural form that is visually attractive.
• Provide infrastructure, public facilities, and park space that meets City standards, in a centralized setting that is integrated with existing and planned facilities and connections and increases recreation opportunities for existing and future residents of the City. • Provide a site that could accommodate a K-8 school if the Lodi Unified School District desires to build a school within the Project site. Alternatively, if the Lodi Unified School District chooses not to build a school within the Project site, ensure that the design alternative would accommodate single-family residential housing consistent with the form and design of surrounding single-family residential units planned within the Project site. • To incorporate Woodbridge Irrigation District facilities into the Project design, that maintains their purpose while avoiding any conflicts with future residents. • Continue open space improvements along Eight Mile Road, like the Destinations Master Plan Project to the west of the Project Site. This includes preservation of a drainage facility and access to an off-street pedestrian path.
• Establish a logical phasing plan designed to ensure that each phase of development would include necessary public improvements that are required to meet City standards, both onsite and offsite. Internal Phases will basically commence from the eastern portion of the Development Area and move west, allowing infrastructure to be advanced to an upcoming phase.

EXHIBIT 2
1325

CEQA FINDINGS
54 CEQA Findings – LeBaron Ranch
B. ALTERNATIVES ANALYSIS IN EIR
The alternatives analysis provides a summary of the relative impact levels of significance associated with each alternative for each of the environmental issue areas analyzed in the Draft EIR. The environmental analysis for each of the alternatives is included in Chapter 5.0.

The City has found that there are no feasible alternative locations that exist within the City’s Sphere of Influence with the appropriate size and characteristics that would meet the basic Project objectives and avoid or substantially lessen a significant effect. The City has determined that alternative locations outside the Sphere of Influence would not be feasible because an expansion of the Sphere of Influence would induce unplanned growth and cause impacts greater than development on the Project site. Furthermore, itIt was found that much of the undeveloped land located to the west of the Project site is located within a 100-, 200-, or 500-year flood plain. The areas within the 200-year flood plain are severely constrained and are not developable until the City of Stockton is able to design, fund, and construct a solution to protect this area from the 200-year flood plain. For these reasons, the City of Stockton determined that there are no feasible alternative locations.

1. NO PROJECT (NO BUILD) ALTERNATIVE:

The No Project (No Build) Alternative is discussed on pages 5.0-3, and 5.0-5 through 5.0-11 of the Draft EIR. Under the No Project (No Build) Alternative development of the Project site would not occur, and the Project site would remain in its current existing condition. The Development Area is predominantly comprised of agricultural and undeveloped uses; sheds and associated agricultural equipment exist in the center portion of the site. Additionally, two (2) dirt/gravel roadways bisect the Development Area, including one roadway extending north to south from Eight Mile Road to the southern boundary at Marlette Road, and another extending east to west from West Lane connecting to the dirt/gravel roadway in the center of the Development Area. Irrigation canals, operated by the Woodbridge Irrigation District, run along the northern, eastern, and southern borders of the Development Area, separating existing agricultural uses from the respective roadways. It is noted that the No Project (No Build) Alternative would fail to meet the Project objectives identified by the City of Stockton.

Findings: Environmental benefits of this alternative over the proposed Project include the reduction of impacts to Aesthetics and Visual Resources, Agricultural Resources, Air Quality, Biological Resources, Cultural and Tribal Resources, Geology and Soils, Greenhouse Gases, Climate Change and Energy, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services and Recreation, Transportation and Circulation, and Utilities.

While the City recognizes the environmental benefits of the No Project (No Build) Alternative, this alternative would not achieve any of the Project objectives. Specifically, this alternative would not result in: provide residential housing opportunities, with an array of lot sizes and housing types, that are visually attractive and accommodate the future housing demand in Stockton; establish a mixture of Low-, Medium-, and HighEXHIBIT 2 1326

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 55
Density Residential project types that collectively provide for local and regional housing and that take advantage of the area’s high level of accessibility. Ensure that all housing is designed with architectural form that is visually attractive; provide infrastructure, public facilities, and park space that meets City standards, in a centralized setting that is integrated with existing and planned facilities and connections and increases recreation opportunities for existing and future residents of the City; provide a site that could accommodate a K-8 school if the Lodi Unified School District desires to build a school within the Project site. Alternatively, if the Lodi Unified School District chooses not to build a school within the Project site, ensure that the design alternative would accommodate single-family residential housing consistent with the form and design of surrounding single-family residential units planned within the Project site; to incorporate Woodbridge Irrigation District facilities into the Project design, that maintains their purpose while avoiding any conflicts with future residents; continue open space improvements along Eight Mile Road, like the Destinations Master Plan Project to the west of the Project Site. This includes preservation of a drainage facility and access to an off-street pedestrian path; or establish a logical phasing plan designed to ensure that each phase of development would include necessary public improvements that are required to meet City standards, both onsite and offsite.

Internal Phases will basically commence from the eastern portion of the Development Area and move west, allowing infrastructure to be advanced to an upcoming phase.

Additionally, this alternative is also potentially economically infeasible because the alternative would not provide local jobs, or revenue generation for the City of Stockton.

This alternative would not realize the project benefits of increased residential areas, additional construction employment opportunities or new property tax revenue.

Property taxes would not be generated by this alternative as residential development would not occur. It is not a reasonable expectation for the property owner(s) to keep the Project site in the existing condition for the foreseeable future because of previous investments. For all of these foregoing reasons and any one of them individually, the City hereby finds the No Project Alternative is infeasible for specific economic, legal, social, technological, or other considerations and this alternative is rejected. (See CEQA Guidelines Section 15091(a)(3).)

2. REDUCED DENSITY ALTERNATIVE:

The Reduced Density Alternative is discussed on pages 5.0-4 and 5.0-11 through 5.0-17 of the Draft EIR. Under the Reduced Density Alternative, the proposed Project would be developed with the same types of residential, open space, and parks and recreational facility uses as described in the Project Description, but the residential unit count would decrease by 25 percent, the amount of proposed, and the on-site open space would decrease by 25 percent. The school site would not be provided under this alternative, and the high-density residential portion of the Project would be removed. The size of the Development Area and Project site would be equal to the Project. The amount of residential units would decrease from 1,411 dwelling units (du) under the proposed EXHIBIT 2
1327

CEQA FINDINGS
56 CEQA Findings – LeBaron Ranch
Project to 991 units and the park area would decrease from 12.2 acres to 9.2 acres. Because the density of urban development would decrease, the size of the storm basins would also decrease.

Findings: Environmental benefits of this alternative over the proposed Project include the reduction and/or slight reduction of impacts to Aesthetics and Visual Resources, Air Quality, Geology and Soils, Greenhouse Gases, Climate Change and Energy, Hydrology and Water Quality, Land Use and Population, Noise, Transportation and Circulation, and Utilities. The remaining resources areas would have similar impacts to the Project.

On balance, the alternative is less desirable than the Project and does not lessen the overall environmental impacts nor provide the same level of benefits as the proposed Project. While the City recognizes the environmental benefits of this alternative, this alternative would not achieve all of the Project objectives, and some objectives would be achieved but to a lesser extent than the Project. The Reduced Density Alternative would meet Project objective 1, because this alternative would provide residential housing opportunities, with an array of lot sizes and housing types, that are visually attractive and accommodate the future housing demand in Stockton. However, due to the reduction in units under the Reduced Density Alternative, this alternative would meet this objective to a lesser extent than the Project. The Reduced Density Alternative would establish a mixture of Low- and Medium-Density Residential project types that collectively provide for local and regional housing and that take advantage of the area’s high level of accessibility. However, this alternative only partially meets this objective as high-density residential uses would not be provided. Regarding objective number three, the school site would be eliminated and the park area would decrease from 12.2 acres to 9.2 acres. Because the density of urban development would decrease under this alternative, the size of the storm basins would also decrease under this alternative. This alternative would meet the third objective, but to a lesser extent than the proposed Project due to the reduction in park space, reduced storm basins, and eliminated school site. Because a school site would not be provided, this alternative would also not meet the fourth objective. Further, the Reduced Density Alternative would include open space improvements, preservation of drainage facilities, and pedestrian paths.

However, this alternative would reduce the amount of open space by 25 percent; as such, this alternative would not meet this objective to the same extent as the Project.

Further, this alternative would provide less economic growth and development consistent with the policies of the City’s General Plan. On balance, the environmental benefits that might be achieved with this alternative are outweighed, independently and separately, by the reasons described above, and the failure of this alternative to provide the same level of benefits as the Project. In conclusion, this alternative would not provide the same number of new residential opportunities, local construction jobs, or property tax revenue generation for the City of Stockton (reduced by one-half). For these reasons, this alternative is rejected.

EXHIBIT 2
1328

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 57
For all of these foregoing reasons and any one of them individually, the City hereby finds the Reduced Density Alternative is infeasible for specific economic, legal, social, technological, or other considerations and this alternative is rejected. (See CEQA Guidelines Section 15091(a)(3).)

3. AGRICULTURE PROTECTION ALTERNATIVE:

The Agriculture Protection Alternative is discussed on pages 5.0-4 and 5.0-18 through 5.0-24 of the Draft EIR. Under the Agriculture Protection Alternative, the proposed Project would be developed in such a way to protect some of the on-site Important Farmland by reducing the overall footprint of the developed areas. The reasoning behind this alternative is to present an alternative to protect some of the agricultural land on the Project site. Development of the proposed Project would result in the permanent conversion of 23.12 acres of Prime Farmland, 217.79 acres of Farmland of Statewide Importance.

Under the Agriculture Protection Alternative, the total Project area would decrease from 306.03 acres under the proposed Project to 229.7 acres. The Development Area would decrease from 236.30 acres under the proposed Project to 177.25 acres. The remaining 76.6 acres outside of the Agriculture Protection Alternative area would remain in their current condition (agricultural and open space uses). The 76.6 acres, which would not be included in the development area for this alternative, would be in the eastern portion of the site. The area outside of the Development Area but within the Project site would be annexed to the City as part of this Alternative.

Under this alternative, the proposed Project would be developed with the same components as described in the Project Description, but the density of the residential areas would be increased to maintain the number of residential units proposed while also reducing the development footprint.

The 9.5-acre high density residential area with 194 units would be the same size as the proposed Project but with 250 units, the 113.6-acre medium density residential area with 796 units would be decreased to 93.25 acres with 875 units, the 78.0-acre low density residential area with 421 units would be decreased to 42.0 acres with 300 units, the parks and recreation acreage would decrease from 12.2 to 10.0 acres, and the storm basin area would decrease from 4.5 to 4.0 acre. The open space acreage would be equal to the Project.

Table 5.0-1 in Chapter 5.0 of the Draft EIR summarizes the Agriculture Protection Alternative acreages and units compared to the Project.

The remaining resources areas would have equal or similar impacts to the Project.

On balance, the alternative is less desirable than the Project and does not provide the same level of benefits as the proposed Project. While the City recognizes the environmental benefits of this alternative, this alternative would not achieve all of the Project objectives, and some objectives would be achieved but to a lesser extent than EXHIBIT 2
1329

CEQA FINDINGS
58 CEQA Findings – LeBaron Ranch
the Project. For example, under this alternative, parks and recreation acreage would decrease from 12.2 to 10.0 acres, and the storm basin area would decrease from 4.5 to

4.0 acre. The open space acreage under this alternative would be equal to the proposed Project. Because the amount of park and open space uses would be reduced compared to the proposed Project, the Agriculture Protection Alternative would meet the third objective but to a lesser extent than the Project. Additionally, this alternative would not meet the fourth objective because a school site would not be provided. On balance, the minor environmental benefits that might be achieved with this alternative are outweighed, independently and separately, by the reasons described above, and the failure of this alternative to provide the same level of benefits as the Project.

This alternative is also potentially economically infeasible due to the elimination of approximately 76 acres of the Project site. This landowner, or landowners, would be left with fully or partially undeveloped parcels. Additionally, the increased building heights developed under this alternative to accommodate the increased residential densities would likely substantially increase construction costs. For all of these foregoing reasons and any one of them individually, the City hereby finds the Agricultural Protection Alternative is infeasible for specific economic, legal, social, technological, or other considerations and this alternative is rejected. (See CEQA Guidelines Section 15091(a)(3).)

4. ENVIRONMENTALLY SUPERIOR ALTERNATIVE:

CEQA requires that an environmentally superior alternative be identified among the alternatives that are analyzed in the EIR. If the No Project Alternative is the environmentally superior alternative, an EIR must also identify an environmentally superior alternative among the other alternatives (CEQA Guidelines Section 15126.6(e)(2)). The environmentally superior alternative is that alternative with the least adverse environmental impacts when compared to the proposed project.

Identification of the environmentally superior alternative is an informational procedure, and the alternative selected may not be the alternative that best meets the Project Objectives.

As shown on Table 5.0-2 of the Draft EIR (on page 5.0-24), a comparison of alternatives is presented.

The No Project (No Build) Alternative is the environmentally superior alternative. However, as required by CEQA, when the No Project (No Build) Alternative is the environmentally superior alternative, the environmentally superior alternative among the others must be identified.

Therefore, the Reduced Density Alternative and Agriculture Protection Alternative both rank higher than the proposed Project. The Reduced Density Alternative would have equal impacts in five (5) areas, slightly less impacts in five (5) areas, and less impacts in nine (9) areas. The Agriculture Protection Alternative would have equal impacts in nine (9) areas and less impacts in five (5) areas.

Therefore, the Reduced Density Alternative would be the next environmentally superior alternative.

It is noted that neither the Agriculture Protection Alternative nor the Reduced Density Alternative fully meet all the Project objectives.

But for the reasons provided above, this alternative is determined to be infeasible and rejected.

EXHIBIT 2
1330

CEQA FINDINGS
CEQA Findings – LeBaron Ranch 59
VII. STATEMENTS OF OVERRIDING CONSIDERATIONS RELATED TO THE

LEBARON RANCH FINDINGS
As described in detail in Section III of these Findings, the following significant and unavoidable impacts could occur with implementation of the Project:
• Impact 3.1-1: Project implementation may result in substantial adverse effects on scenic vistas and resources or substantial degradation of visual character. • Impact 3.2-1: The proposed Project would result in the conversion of Farmlands, including Prime Farmland and Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses.
• Impact 3.2-2: The proposed Project would conflict with existing zoning for agricultural use, or Williamson Act contracts.
• Impact 3.3-1: Project operation has the potential to result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment, or conflict or obstruct implementation of the District’s air quality plan. • Impact 3.13-1: Project implementation would conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).
• Impact 4.2: Cumulative Degradation of the Existing Visual Character of the Region. • Impact 4.4: Cumulative Impact on Agricultural Resources. • Impact 4.5: Cumulative Impact on the Region's Air Quality. • Impact 4.18: Under Cumulative conditions, the proposed Project would conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).

Section 15093(b) of the CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are not avoided or substantially lessened, the agency must state in writing the reasons to support its actions. See also Public Resources Code Section 21081(b). CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (CEQA Guidelines § 15093.)
The discussion below identifies the reasons why, in the City’s judgment, specific benefits of the proposed Project outweigh the significant and unavoidable effects. The City finds that each of the proposed Project’s benefits discussed below is a separate and independent overriding consideration warranting approval of the proposed Project, independent of the other benefits, despite each and every unavoidable impact. The reasons set forth below are based on the EIR and information contained in the administrative record for the proposed Project.

The adverse effects listed above, and described in detail in Section III, are substantive issues of concern to the City. However, the City of Stockton has a General Plan that provides for an array of land uses throughout the City that are intended to accommodate the City’s needs for growth over EXHIBIT 2
1331

CEQA FINDINGS
60 CEQA Findings – LeBaron Ranch
the foreseeable future. The proposed Project has been designated with land uses that are intended to generate jobs and tax revenue for the City, while providing recreational facilities, a possible school site, and housing opportunities. Implementation of the propose Project would provide construction job growth and potentially school-related job growth to the area. It is anticipated that local employment would be increased to provide administrative, management, and other school service jobs. The proposed Project is expected to require both full-time and part-time employees.

Additionally, development of the Project would provide short-term employment opportunities within the construction, engineering, and design field, among others. The actual number of jobs would depend on whether the proposed school site is developed.

The Project would also provide nearby housing opportunities for current and future residents.

Implementation of the Project would increase the housing supply in the northern portion of the City, which could spur development, economic growth, and tax generation within the area. Additionally, the proposed Project would generate tax revenue that the City would not otherwise benefit from if the Project was not developed. The job-creating uses, additional housing opportunities, and tax benefits discussed above would ultimately improve the overall quality of life in the City of Stockton.

Further, the Project would provide public facilities, including a school site for the school district, parks and recreational facilities, and bicycle/pedestrian facilities.

When compared to the alternatives analyzed in the EIR (including the No Project Alternative), the proposed Project provides the best available balance between maximizing attainment of the project objectives and minimizing significant environmental impacts.

Based on the entire record and the EIR, the legal, technical, economic and social benefits of the Project in Stockton outweigh and override any significant unavoidable environmental effects that would result from future Project implementation as more fully described in Section III, Findings and Recommendations Regarding Significant and Unavoidable Impacts. The City Council has determined that any environmental detriment caused by the proposed Project has been minimized to the extent feasible through the mitigation measures identified herein, and, where mitigation is not feasible, has been outweighed and counterbalanced by the significant social, environmental, and land use benefits to be generated within the region.

EXHIBIT 2
1332
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING A GENERAL PLAN AMENDMENT FOR APNS 084-050- 01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; AND 084-030-04 (P22-0139) Bear Creek Ventures (hereafter “Applicant”), is proposing the annexation and General Plan Amendment for 12 parcels (APNs 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04) having a combined total acreage of 306.03 acres; and The Project entitlements also include a Vesting Tentative Map (VTM) and, a Planned Development request, and a Waiver request for the LeBaron Ranch development area, in addition to other entitlements for the Project site to annex the lands into the City of Stockton; and
On July 23, 2025, public notice for the subject application was published in the local newspaper in accordance with Stockton Municipal Code (SMC) Section 16.88.030; and
On November 18, 2025, the City Council conducted a public hearing on the application, in compliance with SMC Chapter 16.88, at which point all persons wishing to be heard were provided such opportunity; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

1. The foregoing recitals are true and correct and incorporated by reference.

2. Based upon its review of the entire record herein, the City Council makes the following findings:

SECTION I: GENERAL PLAN AMENDMENT

1. Pursuant to SMC Section 16.116.050.B:
a. 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.

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. The proposed General Plan 1333
Amendment would maintain consistency with other applicable General Plan goals and policies, including:
i. Goal LU-6: Provide for orderly, well-planned and balanced development. With the adoption of a companion Zoning Map Amendment, the Project would not create any inconsistencies with the Development Code.
ii. Policy LU-6.3: Ensure that all neighborhoods have access to wellmaintained public facilities and utilities that meet community service needs.
iii. Goal and Policy, HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton.
iv. Policy HE-2.3: The City shall encourage and provide opportunities for a variety of housing types that provide market rate, affordable housing opportunities and promote balanced mixed-income neighborhoods
b. 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.

The proposed development would not result in hazard to the public convenience, health, interest, safety or general welfare for people working or residing in the City. The Project and LeBaron Ranch development will be subject to compliance with City development standards and for provision of all necessary infrastructure. All necessary City services will be provided as part of the Project, including Police and Fire protection services. c. The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

The proposed General Plan Amendment complies with the California Environmental Quality Act (CEQA). An environmental assessment for the LeBaron Ranch project has been prepared in accordance with the provisions of CEQA, resulting in adoption of an Environmental Impact Report (SCH #2023070657), Statement of Overriding Considerations, Findings, and Mitigation and Monitoring Reporting Program. The proposed project is consistent with the adopted Envision Stockton 2040 General Plan land use designation for the Project site and the Project was evaluated in the certified Stockton 2040 General Plan EIR (SCH# 2017052062), with City Council action taken on December 4, 2018. The Project is also consistent with the applicable general plan designation and applicable general plan policies.
1334
SECTION II: CITY COUNCIL ACTION
Based on its review of the entire record herein, including the November 18, 2025, City Council staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby approves a General Plan Amendment to modify the Land Use Map for Assessor’s Parcel Numbers 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04, as shown in Exhibit 1 attached hereto and incorporated by reference.

PASSED, APPROVED, and ADOPTED November 18, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1335

EIGHT MILE ROAD

LOWER SACRAMENTO ROAD MARLETTE ROAD
WEST LANE LeBARON RANCH PROPOSED GENERAL PLAN EXHIBIT STOCKTON, CALIFORNIA PLOTTED: 6/4/2025 10:09 AM PLOTTED BY: Phurban
DWGNAME: F:\21-2911 LeBaron Ranches\Planning\Exhibits\Prezone & GP\LeBaron_ProposedGP Exhibit (2025_05-13).dwg COPYRIGHT © 2025 NORTHSTAR ENGINEERING GROUP, INC 0 1" = 200 100 200 200' JUNE, 2025 LEGENDSTOCKTON GENERAL PLAN LAND USE LOW DENSITY RESIDENTIAL (LDR) MEDIUM DENSITY RESIDENTIAL (MDR) HIGH DENSITY RESIDENTIAL (HDR) PARKS AND RECREATION (P) OPEN SPACE/ AGRICULTURE (OS) INSTITUTIONAL (I) COLOR

EXHIBIT
1 1336
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE PREZONING OF ASSESSOR’S PARCEL NUMBERS APNS 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; AND 084-030-04, AT 900 & 1300 EAST EIGHT MILE ROAD & 10550 & 10600 NORTH LOWER SACRAMENTO ROAD (P22-0139)
On February 16, 2022, the applicant, Bear Creek Ventures, submitted a request to, amongst other requests, Prezoning of Assessor’s Parcel Numbers (APNs) 084-050- 01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04 to a mix of zoning which includes Residential, Low (RL), Residential, Medium (RM), Residential, High (RH) Density and Public Facilities (PF) zoning; and
On November 18, 2025, the City Council held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), to consider the proposed Prezoning, at which all times all interested parties had the opportunity to be heard; and
On November 18, 2025, and prior to acting on this request, the City Council considered, and approved of Prezoning of the parcels; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. PREZONING CLASSIFICATION
The City Council hereby adopts a Prezoning Ordinance, attached hereto as Exhibit 1, and Prezoning map, attached hereto as Exhibit 1a, for the Prezoning of Assessor’s Parcel Numbers 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04, presently located in the County of San Joaquin, State of California, which will be hereby reclassified, upon annexation to the City of Stockton, to a mix of Residential, Low (RL), Residential, Medium (RM), Residential, High (RH) density and Public Facilities (PF) zoning.

Pursuant to SMC Section 16.116.050(B), Mandatory Findings of Fact for All Amendments, all of the following findings of fact, as applicable to this type of amendment, shall be made to approve an amendment:

A. The proposed Prezoning action ensures and maintains internal consistency with the general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance. The 2040 General Plan Land Use Map designates the subject site Residential. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of 1337
the General Plan, the RL, RM and RH Zones are compatible with the General Plan Land Use Map designation of Residential. PF zoning is compatible with residential projects and is used for park and open space zoning.

B. The proposed Prezoning action would not create any inconsistencies with SMC Title 16 (Development Code) since it pertains to the Zoning Map only. The text of Title 16 (Development Code) would remain unchanged under this action.

C. The Project is consistent with the 2040 General Plan Land Use Map designation of Low, Medium and High Density Residential, Public Facilities, and Institutional land uses applicable to the site. The project also furthers General Plan policies such as: Goal LU-6: Provide for orderly, well-planned and balanced development.

With the adoption of a companion Zoning Map Amendment, the Project would not create any inconsistencies with the Development Code; Policy LU-6.3: Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs; Goal, HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton; and Policy HE-2.3: The City shall encourage and provide opportunities for a variety of housing types that provide market rate, affordable housing opportunities and promote balanced mixed-income neighborhoods. All of this is accomplished in a development proposal that is compliant with applicable development standards within SMC Title 16 (Development Code) and the proposed Planned Development Permit request.

D. The proposed Prezoning action 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 because the RL, RM, RH and PF Zoning designations will, as noted above, be compatible with General Plan Land Use Map designation applicable to the site.

E. The proposed Prezoning action complies with the California Environmental Quality Act (CEQA). An environmental assessment for the LeBaron Ranch project has been prepared in accordance with the provisions of CEQA, resulting in adoption of an Environmental Impact Report (SCH #2023070657), Statement of Overriding Considerations, Findings, and Mitigation and Monitoring Reporting Program.The proposed project is consistent with the adopted Envision Stockton 2040 General Plan land use designation for the Project site and the Project was evaluated in the certified Stockton 2040 General Plan EIR (SCH# 2017052062), with City Council action taken on December 4, 2018. The Project is also consistent with the appliable general plan designation and applicable general plan policies.

F. Based on the information included Project plans and staff evaluation of the Project, the subject site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation and anticipated land use development. 1338
//
SECTION II: CITY COUNCIL ACTION
Based on its review of the entire record herein, including the November 18, 2025, City Council staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby approves the Prezoning of the site.

PASSED, APPROVED, and ADOPTED November 18, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1339
EXHIBIT 1
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO THE “ZONING MAP,” IN SECTION 16.16.030 OF THE STOCKTON

MUNICIPAL CODE, TO PREZONE AND ZONE PROPERTIES TO RESIDENTIAL,

LOW (RL), RESIDENTIAL, MEDIUM (RM), RESIDENTIAL, HIGH (RH), AND PUBLIC FACILITIES (PF) ZONING LOCATED AT APNS 084-050-01; -02; -03; -06; -07; -08; - 14; -25; -26; -27; -28; AND 084-030-04 (APPLICATION NO. P23-0125) On February 16, 2022, the applicant, Bear Creek Ventures, submitted a request to Prezone Assessor’s Parcel Numbers (APNs) 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04 to include a combination of Residential, Low (RL), Residential, Medium (RM), Residential, High (RH) Density, and Public Facilities (PF) zoning for the purposes of future residential development with parks and open spaces and school site; and
On August 12, 2024, the City Council held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) chapter 16.88, to consider the proposed Prezoning, at which all times all interested parties had the opportunity to be heard; and At the August 12, 2025, public hearing, and prior to acting on this request, the City Council considered and approved the Prezoning; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION 1. FINDINGS AND INTENT
The City Council of the City of Stockton finds, pursuant to SMC section 16.116.050(B), that:

The attached Ordinance for a Zoning Map Amendment and Proposed Ordinance, attached hereto as Exhibit 1 to Prezoning of Assessor’s Parcel Numbers 084-050-01; - 02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04, presently located in the County of San Joaquin, State of California, which will be hereby reclassified, upon annexation to the City of Stockton, to a mix of Residential, Low (RL), Residential, Medium (RM), Residential, High (RH) density, and Public Facilities (PF) zoning.

A. The proposed Prezoning action ensures and maintains internal consistency with the general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance. The 2040 General Plan Land Use Map designates the subject site Residential. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the RL, RM and RH Zones are compatible with the General Plan Land Use 1340
EXHIBIT 1
Map designation of Residential. PF zoning is compatible with parks and open space.

With the adoption of a companion Zoning Map Amendment, the Project would not create any inconsistencies with the Development Code; Policy LU-6.3: Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs; Goal, HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton; and Policy HE-2.3: The City shall encourage and provide opportunities for a variety of housing types that provide market rate, affordable housing opportunities and promote balanced mixed-income neighborhoods.. All of this is accomplished in a development proposal that is compliant with applicable development standards within SMC Title 16 (Development Code) and the proposed Planned Development Permit request.

F. Based on the information included Project plans and Department evaluation of the Project, the subject site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation and anticipated land use development.

SECTION II. PREZONING AND ZONING CLASSIFICATION
G. That the Zoning Map, particularly referred to in SMC section 16.16.030, and 1341
EXHIBIT 1
by reference made a part hereof, said Code is hereby amended to provide the following zoning designations:

1. APN 084-050-01 to Residential, Medium (RM);

2. APN 084-050-02 to Residential, Medium (RM);

3. APN 084-050-03 to Residential, Medium (RM) and Public Facilities (PF);

4. APN 084-050-06 to Residential, Low (RL) and Public Facilities (PF);

5. APN 084-050-07 to Residential, Low (RL) and Public Facilities (PF);

6. APN 084-050-08 to Residential, Low (RL) and Public Facilities (PF);

7. APN 084-050-14 to Residential, Low (RL) and Residential, High (RH);

8. APN 084-050-25 to Residential, Low (RL);

9. APN 084-050-26 to Residential, Low (RL);

10.APN 084-050-27 to Residential, Low (RL);

11.APN 084-050-28 to Residential, Low (RL), Residential, High (RH) and Public Facilities (PF);

12.APN 084-030-04 to Residential, (RH); immediately.

SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1342
EXHIBIT 1A
1343
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE LOCAL AGENCY FORMATIONCOMMISSION FOR THE ANNEXATION OF ASSESSOR’S PARCEL NUMBERS APNS 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; AND 084-030-04, WITH RELATED CITY SERVICES PLAN
Bear Creek Ventures (hereafter “Applicant”), is proposing the annexation and General Plan Amendment for 12 parcels (APNs 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04) having a combined total acreage of 306.03 acres; and The petition for annexation is a formal request by an applicant to have the identified property incorporated into the City obtaining access to City services; and Pursuant to California Government Code section 56653 of the Cortese/Knox Local Government Reorganization Act of 1985, the San Joaquin County Local Agency Formation Commission (SJLAFCo) requires that any application for a change of organization or reorganization be accompanied by a plan for providing services to the affected property; and
The applicant has proposed that services be provided pursuant to the City Services Plan attached as Exhibit 1; and
In accordance with section 56375(a)(7) of the Cortese/Knox Local Government Reorganization Act of 1985 and the policies of the SJLAFCo, the City Council has concurrently with this resolution adopted an ordinance to prezone Assessor’s Parcel Numbers (APNs) 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030- 04 to a mix of zoning which includes Residential, Low (RL), Residential, Medium (RM), Residential, High (RH) Density and Public Facilities (PF) zoning; and On June 26, 2025, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), to consider the proposed prezoning, at which all interested parties had the opportunity to be heard; and at said meeting the Planning Commission considered, and recommended approval to the City Council for prezoning of the Project parcels; and
On November 18, 2025, the City Council held a duly noticed public hearing pursuant to Stockton Municipal Code Section 16.216.070, at which time all interested parties had the opportunity to be heard. After consideration of the project, the City Council considered and approved all aspects of the Project; now, therefore, //
1344

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

Annexation:

Pursuant to Stockton Municipal Code Sections 16.216.070(H)(2) and 16.216.080, the following findings of fact are made to support the annexation request:

SMC 16.216.070(H)(2)
a) The unincorporated property is within, or will be within, the urban services area of the City.

The subject territory is located within the urban services area of the City, as shown in Exhibit 2: Annexation Map.
b) The property has been prezoned with City of Stockton zoning designations.

Assessor’s Parcel Numbers (APNs) 084-050-01; -02; -03; -06; -07; -08; - 14; -25; -26; -27; -28; and 084-030-04 to a mix of zoning which includes Residential, Low (RL), Residential, Medium (RM), Residential, High (RH) Density and Public Facilities (PF) zoning, as described above. c) The proposal is contiguous to existing City limits.

The subject territory is contiguous to the existing City limits, as shown in Exhibit 2: Annexation Map. The subject territory abuts Eight Mile Road to the north, Marlette Road to the south, West Lane to the east, and Lower Sacramento Road to the west. The subject territory also is directly continuous to parcels running along both east and west boundaries. d) The proposal does not split lines of assessment or ownership.

The proposed annexation does not split a line of assessment and includes a future subdivision map application to ensure property ownership lines align with the City limit boundary established by the annexation. This finding is supported by SJ LAFCo Policy 10 (Definite and Certain Boundaries) which requires: (a) all boundaries shall be and certain and conform to lines of assessment or ownership; and (b) acknowledgement by the City of Stockton that the Commission may impose a condition on the annexation requiring the recordation of a parcel map to avoid creating remnants of legal lots.
e) The proposal does not create islands or areas in which it would be difficult to provide City services.
1345
The proposal does not create islands or areas in which it would not be easy to provide City services. The subject territory includes a parcel immediately adjacent to Lower Sacramento Road and West Lane which have the requisite infrastructure (e.g., water, sewer, stormwater) located within its right-of-way. The proposal utilizes said services without creating a feature that may make their delivery difficult to other areas. f) The proposal is consistent with the land uses, objectives, policies, and programs of the General Plan; any applicable specific plan, precise road plan, or master development plan; and other adopted goals and policies of the City.

The proposed General Plan Amendment would maintain consistency with other applicable General Plan goals and policies, including:
i. Goal LU-6: Provide for orderly, well-planned and balanced development. With the adoption of a companion Zoning Map Amendment, the Project would not create any inconsistencies with the Development Code.
ii. Policy LU-6.3: Ensure that all neighborhoods have access to wellmaintained public facilities and utilities that meet community service needs.
iii. Goal and Policy HE-2: Provide a range of housing types, densities, designs, and meet existing and projected housing needs for all economic segments of Stockton.
iv. Policy HE-2.3: The City shall encourage and provide opportunities for a variety of housing types that provide market rate, affordable housing opportunities and promote balanced mixed-income neighborhoods
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.

Conclusion
As referenced above, per SMC 16.216.070(H)(2) and 16.216.080, all findings of fact can be made to approve the annexation request.

1. The foregoing recitals are true and correct and incorporated here by reference.
1346

2. The City Council considered and certified an Environmental Impact Report, Statement of Overriding Considerations, and Mitigation and Monitoring Reporting Program, for the Project in compliance with the California Environmental Quality Act (CEQA).

3. The City Manager is authorized to file with the San Joaquin County Local Agency Formation Commission, as described in Exhibit 1 (City Services Plan), and Exhibit 2 (Annexation Map).

4. The San Joaquin County Local Agency Formation Commission is hereby requested to approve the above-noted annexation of territory to the City of Stockton as depicted on Exhibit 2, Annexation Map.

5. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED November 18, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1347

ANNEXATION PLAN

FOR THE

LEBARON RANCH PROJECT
JANUARY 2025
Prepared for:

San Joaquin County Local Agency Formation Commission
509 West Weber Avenue, Suite 420
Stockton, CA 95203
(209) 468-3198
and
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 949-3231
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m EXHIBIT 1
1348
EXHIBIT 1
1349

ANNEXATION PLAN

FOR THE

LEBARON RANCH PROJECT
JANUARY 2025
Prepared for:

San Joaquin County Local Agency Formation Commission
509 West Weber Avenue, Suite 420
Stockton, CA 95203
(209) 468-3198
and
City of Stockton
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
(916) 949-3231
EXHIBIT 1
1350
EXHIBIT 1
1351

TABLE OF CONTENTS TOC
City of Stockton – LeBaron Ranch Project TOC-1
Section Page Number
Executive Summary.......................................................................................................................... 1 Annexation Plan Contents ............................................................................................................... 1 Open Space Conversion Statement................................................................................................. 4 Agricultural lands................................................................................................................ 4 Soils..................................................................................................................................... 6 Justification for Approval ................................................................................................... 7 Residential Entitlement Matrix...................................................................................................... 12 City Services Plan ........................................................................................................................... 13 Introduction...................................................................................................................... 13 Discussion ......................................................................................................................... 13 Water................................................................................................................................ 14 Stormwater....................................................................................................................... 18 Wastewater ...................................................................................................................... 22 Solid Waste ....................................................................................................................... 24 Electricity and Natural Gas ............................................................................................... 25 Police Services................................................................................................................... 25 Fire Services...................................................................................................................... 26 School Services ................................................................................................................. 28 Parks and Recreation ........................................................................................................ 29 Other Government Facilities............................................................................................. 29 Findings............................................................................................................................. 29 Timely Availability of Water Supplies............................................................................................ 29 Fair Share Housing Needs.............................................................................................................. 31 EXHIBIT 1
1352

TABLE OF CONTENTS TOC
TOC-2 City of Stockton – LeBaron Ranch Project
Tables Page Number
Table 1: Pipeline Projects Summary .............................................................................................. 12 Table 2: Gross Land Use Summary – Development....................................................................... 14 Table 3: Summary Of Projected Water Supply .............................................................................. 15 Table 4: Total Projected Water Demand ....................................................................................... 29 Table 5: Unit Needs Based On Built And Approved Units.............................................................. 31 EXHIBIT 1
1353

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 1
LEBARON RANCH PROJECT –ANNEXATION PLAN

EXECUTIVE SUMMARY
Introduction
This Annexation Plan is designed to provide important background information to allow for a thorough justification of this annexation proposal and to ensure compliance with all San Joaquin Local Agency Formation Commission (LAFCo) rules and regulations and other all applicable regulatory requirements (including the California Government Code).

The City of Stockton (City) proposes to annex 12 parcels in an unincorporated area of San Joaquin County (County), totaling 306.03 acres, as part of the LeBaron Ranch Project (Project). This includes the Development Area (six parcels totaling 236.30 acres), Non-development Area (six parcels totaling 56.03 acres), and the remaining Right-of-Way Annexation Area (13.7 acres of existing County right-of-way). The proposed annexation would also include detachment from the Lincoln Fire District. The annexation area is within the City of Stockton’s 10-Year planning horizon per the City’s Sphere of Influence (SOI) Map and is a logical extension of the existing City limits. Each of the three components of the annexation proposal (hereinafter “Annexation Project” are described below.

A Notice of Completion was filed with the State Clearinghouse for the LeBaron Ranch Project Draft Environmental Impact Report (SCH 2023070657), on August 16, 2024.

DEVELOPMENT AREA
The Development Area includes six parcels totaling 236.30 acres (APNs 084-050-06, -07, -08, -14, - 27, and -28) which are intended for the development of up to 1,411 residential units, two parks, a potential school site, and public infrastructure. The Project would be served by existing City water, sewer, and storm drainage infrastructure.

NON-DEVELOPMENT AREA
The Non-development Area includes six parcels totaling 56.03 acres, consisting of agricultural uses, a commercial use (one building) and a church, situated in the northwestern portion of the Project site.

RIGHT-OF-WAY ANNEXATION AREA
The Right-of-Way Annexation Area includes 13.7 acres of remaining right-of-way outside of areas of dedication owned by the County and intended to be annexed into the City. The Right-of-Way Annexation Area includes Eight Mile Road, forming the northern border of the Project site.

Annexation Plan Contents
This Annexation Plan includes the following sections:

EXHIBIT 1
1354

ANNEXATION PLAN
2 City of Stockton – LeBaron Ranch Project

OPEN SPACE CONVERSION STATEMENT
The Open Space Conversion Statement provides background on the Annexation Project, describes the existing agricultural characteristics and uses of the annexation area, provides an analysis of the agricultural and conservation-related fees that the City would be required to pay, and provides a description of the type of soils located within the annexation area. This section also discusses the Annexation Project with regard to the following (pursuant California Government Code Section 56377):
a) Development or use of land other than open space uses shall be guided away from existing prime agricultural lands in open space use and towards areas containing non-prime agricultural lands, unless that action would not promote the planned orderly, efficient development of an area.
b) Development of existing vacant or non-prime agricultural land for urban uses within the existing jurisdiction of a local agency or within the SOI of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open space uses which are outside of the existing jurisdiction of the local agency or outside the existing SOI of the local agency.

RESIDENTIAL ENTITLEMENT MATRIX
The Residential Entitlement Matrix provides a discussion of the relationship between the additional population and units proposed as part of this Annexation Plan and the total number of units that the City has planned to accommodate, in order to demonstrate consistency with the California Department of Housing and Community Development’s (HCD) Regional Housing Needs Assessment (RHNA) allocation.

CITY SERVICES PLAN
The City Services Plan has been prepared to fulfill the following requirement:
“Pursuant to California Government Code Section 56653, the San Joaquin Local Agency Formation Commission (LAFCo) requires that any application for a change of organization or reorganization be accompanied by a plan for providing services. In accordance with Section 56653, the plan shall include:
• an enumeration and description of services to be extended to the affected territory; • the level and range of those services;
• an indication of when those services can feasibly be extended to the affected territory; • an indication of any improvements or upgrading of structures, roads, sewer or water facilities, or other conditions that the local agency would impose or require within the affected territory if the change of organization or reorganization is completed; and • information with respect to how those services will be financed.” EXHIBIT 1
1355

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 3
Overall, existing public services, with improvements proposed as a part of the LeBaron Ranch Project, would be adequate to serve the Annexation Project. The LeBaron Ranch Project, including the Annexation Project would require extension of services provided by the City, including public safety and utility services. The level and range of these public services is described in this document and in additional detail in the LeBaron Ranch Draft Environmental Impact Report. The design, engineering, and construction of these services and infrastructure improvements will be financed by the developer, subject to approval by the City of Stockton.

TIMELY AVAILABILITY OF WATER SUPPLIES
The Timely Availability of Water Suppliessection describesthe City’s ability to serve the annexation area with adequate water supplies. Eventual build out of the LeBaron Ranch Project would total approximately 1,411 residential units on approximately 236.30 acres in the Development Area. The total projected water demand for the Project is 424 acre-feet/year (AFY), provided by the City's water supply system. Water supplies were determined to be sufficient to serve the annexation area in a timely manner.

FAIR SHARE HOUSING NEEDS
The Fair Share Housing Needs section describes the extent to which this proposed annexation will affect the City’s ability to achieve its respective fair share of regional housing needs, as determined by the San Joaquin Council of Governments (SJCOG) (consistent with Article 10.6 [starting with Section 65580] of Chapter 3). The City of Stockton has a surplus of sites available to meet its 2023- 2031 RHNA allocation by income category, as the above-moderate income RHNA allocation is satisfied by units that have been previously approved or already built.

Justification and Findings
The Cortese-Knox-Hertzberg (CKH) Local Government Reorganization Act of 2000 is the section of the California Government Code (Section 56000 et seq.) that provides LAFCo with its authority, procedures, and functions. The CKH Act gives LAFCo power to “approve or disapprove with or without amendment, wholly, partially or conditionally” proposals concerning the formation of cities and special districts, annexation or detachment of territory to cities and special districts, and other changes in jurisdiction or organization of local government agencies.

Consistent with the requirement for LAFCo to review the proposed annexation request pursuant to the criteria provided in California Government Code Section 56337, the following justifications and findings are made in support of approval of the annexation request. 1) Lands within the annexation area are planned for urban uses in the Stockton General Plan. 2) The Project is located within the City of Stockton 10-year Planning Horizon. 3) The Project proposes an orderly and logical boundary for annexation and is contiguous to the City limits.
4) The Project creates a logical extension of the City boundaries and can be served by existing infrastructure.

EXHIBIT 1
1356

ANNEXATION PLAN
4 City of Stockton – LeBaron Ranch Project

1. OPEN SPACE CONVERSION STATEMENT
The annexation area is in San Joaquin County, bounded by the limits of the City of Stockton on the west and east. The annexation area is bound by Eight Mile Road to the north; a developed singlefamily subdivision to the west; undeveloped agricultural land to the east that were recently incorporated into the City of Stockton and will be developed with residential and commercial uses as part of the approved Tra Vigne development project; and Marlette Road, agricultural lands, Bear Creek, and McNair High School to the south. The Envision Stockton 2040 General Plan Land Use Map designates the annexation area as LDR (Low Density Residential), MDR (Medium Density Residential), HDR (High Density Residential), Institutional, and Parks and Recreation. The San Joaquin County General Plan designates the annexation area as Low Density (R/L), High Density (R/H), and Office Commercial (C/O).

In reviewing to approve or deny proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open space lands to uses other than open space uses, the San Joaquin County LAFCo shall consider, pursuant to California Government Code Section 56377, the following:
a) Development or use of land other than open space uses shall be guided away from existing prime agricultural lands in open space use and towards areas containing non-prime agricultural lands, unless that action would not promote the planned orderly, efficient development of an area.
b) Development of existing vacant or non-prime agricultural land for urban uses within the existing jurisdiction of a local agency or within the sphere of influence of a local agency should be encouraged before any proposal is approved which would allow for or lead to the development of existing open-space lands for non-open space uses which are outside of the existing jurisdiction of the local agency or outside the existing sphere of influence of the local agency.

Agricultural Lands
The current uses within the Development Area predominately include agricultural land, vacant/undeveloped land, miscellaneous outbuildings (i.e., sheds), agricultural equipment storage areas, and dirt/gravel roadways. The Non-development Area is predominately comprised of agricultural land, an existing residential home, a commercial building, and a church. A parcel located within the northwestern portion of the Project site (APN 084-050-03) is identified as being under Williamson Act contract, but a non-renewal has been filed. This parcel is located within the Project’s Non-development Area. The County Assessor parcel maps also identify several parcels to the south of the Project site that are under Williamson Act contract. No parcels within the Development Area are currently under Williamson Act contract.

The State of California Department of Conservation Farmland Mapping and Monitoring Program and San Joaquin County GIS data were used to determine the farmland characteristics within the Annexation Project. The farmland classifications present within the LeBaron Ranch Development Project area include Farmland of Statewide Importance (204.24 acres), Prime Farmland (23.12 acre), EXHIBIT 1
1357

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 5
and Farmland of Local Importance (5.64 acres). The Non-development Area includes Urban and Built-Up Land (0.44 acre), Farmland of Local Importance (27.86 acres), and Farmland of Statewide Importance (29.86 acres).

The LeBaron Ranch Project is surrounded by a variety of designated undeveloped and existing developed land uses. Immediately north of the Project site is Eight Mile Road. North of Eight Mile Road are existing agricultural lands; immediately east of the site is West Lane. East of West Lane are existing agricultural lands. The existing agricultural lands were recently incorporated into the City of Stockton and will be developed with residential and commercial uses as part of the approved Tra Vigne development project; immediately south of the site is Marlette Road. South of Marlette Road are agricultural lands, Bear Creek, and McNair High School; immediately west of the site is Lower Sacramento Road. West of Lower Sacramento Road is a City of Stockton residential neighborhood called “Destinations.” Thus, the LeBaron Ranch Project annexation area is experiencing development pressure and is not a good candidate property for long-term, permanent agricultural land protection.

The City of Stockton adopted the Agricultural Land Mitigation Program in 2007, which applies to projects that would convert agricultural lands, as defined by the most-recent Important Farmland Maps published by the California Department of Conservation. Projects may provide “agricultural mitigation land” on a 1:1 basis for each acre of land converted or pay the established Agricultural Land Mitigation Fee of $19,255 per acre (SJCOG San Joaquin County Multi-Species Habitat Conservation and Open Space Plan [SJMSCP] Habitat Fees, 2023).

The Agricultural Land Mitigation Program provides that agricultural mitigation lands will be dedicated to a qualifying management entity, such as the Central Valley Farmland Trust. The fees would be collected by the City, held in a dedicated account, and then expended by the City to acquire agricultural mitigation land or pay for the monitoring and administrative costs of the program. The fees may also be transferred to a qualifying entity for the same purpose. The Project applicant would be required to participate in the City’s Agricultural Lands Mitigation Program and contribute agricultural mitigation land or pay the established Agricultural Land Mitigation Fee. As such, the Project fees paid to SJCOG as administrator of the SJMSCP before issuance of a building permit, would result in the preservation of agricultural lands in perpetuity. The purchase of conservation easements and/or deed restrictions through the City’s Agricultural Land Mitigation Program and the SJMSCP allows the agricultural landowner to retain ownership of the land and continue agricultural operations, preserving such lands in perpetuity. Additionally, while the Project does not propose development within the Non-development Area of the Project site, this area would be annexed into the City of Stockton and would be zoned RL (Residential, Low Density) District, and RM (Residential, Medium Density) District.

In addition to the agricultural mitigation fee, the City has adopted Municipal Code Chapter 16.36, which establishes the City's "Right-to-Farm" ordinance. The intent of this ordinance is to protect agricultural uses in the City. Specifically, Section Municipal Code Chapter 16.36.040 establishes the City’s policy to preserve the City and County’s agricultural operations while minimizing conflicts to new urban development. The City’s "Right-to-Farm" ordinance serves to protect farmers from nuisance complaints. The ordinance requires owners and builders to notify their successors-inEXHIBIT 1 1358

ANNEXATION PLAN
6 City of Stockton – LeBaron Ranch Project
interest of the potential conflicts and effects of agricultural activities, and the ordinance specifies that typical agricultural practices shall not be considered a nuisance.

In addition, prior to issuance of a City building permit for construction of a residential building, the owner of the property upon which the building is to be constructed is required to file a disclosure statement acknowledging the proximity of agricultural operations and the potential for inconvenience or nuisance associated with those uses. The disclosure statement notifies the purchaser that the property being purchased may be located close to agricultural lands and operations and that the purchaser may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemical and pesticides and from other agricultural activities, including, without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation, and other activities which occasionally generate dust, smoke, noise and odor.

The City of Stockton is a participant in the SJMSCP, which provides comprehensive measures for compensation and avoidance of impacts on various biological resources, including ancillary benefits to agricultural resources. For instance, many of the habitat easements that are purchased or facilitated by the SJMSCP are targeted for the protection of Swainson's hawk or other sensitive species habitat that are dependent on agricultural lands. The biological mitigation for these species through the SJMSCP includes the purchase of certain conservation easements for habitat purposes; however, the conservation easements are placed over agricultural land, such as alfalfa fields and row crops (not vines or orchards).

Areas located within SJMSCP “No Pay Zones” are exempt from the agricultural land mitigation fee program. Lands in the No Pay Zones are lands that are largely developed. The vast majority of the Project site is designated as Category C/Pay Zone B zone, consisting of “Agricultural Habitat Lands,” as described in Chapter 2.2 of the SJMSCP. Portions of the Project site located along French Camp Slough are designated as Category A/No Pay Zone, consisting of “Urban Lands,” as described in Chapter 2.2 of the SJMSCP.

Soils
There are several methods for classifying soil quality for agricultural uses. One method involves a soil capability rating provided the National Resources Conservation Service (NRCS). This classification shows, in a general way, the suitability of soils for most kinds of field crops. Crops that require special management are excluded. The soils are grouped according to their limitations for field crops, the risk of damage if they are used for crops, and the way they respond to management.

The criteria used in grouping the soils do not include major and generally expensive landforming that would change slope, depth, or other characteristics of the soils; nor do they include possible but unlikely major reclamation projects. In the soil capability system rating, soils are generally grouped at three levels, which are capability class, subclass, and unit. Capability classes, the broadest groups, are designated by the numbers 1 through 8. The numbers indicate progressively greater limitations and narrower choices for practical use.
• Class 1 soils have slight limitations that restrict their use.

EXHIBIT 1
1359

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 7
• Class 2 soils have moderate limitations that restrict the choice of plants or that require moderate conservation practices.
• Class 3 soils have severe limitations that reduce the choice of plants or that require special conservation practices, or both.
• Class 4 soils have severe limitations that restrict the choice of plants or that require special very careful management, or both.

Based on this classification system, the entirety of Annexation Project soils fall under Class 2 (irrigated), Class 3 (irrigated), or Class 4 soils (non-irrigated).

Justification for Approval
The annexation area is planned for urban uses in the Stockton General Plan. The Project is also located within the City of Stockton 10-year Planning Horizon. Despite the impacts to agricultural land in San Joaquin County, the Project will promote planned, orderly, and efficient development.

Lastly, the Project proposes and orderly and logical boundary for annexation and is contiguous to the City limits. Consistent with the requirement that LAFCo review the proposed annexation request pursuant to the criteria provided in California Government Code Section 56337, the following justification and findings are made in support of approval of the annexation request:
1) Lands within the annexation area are planned for urban uses in the Stockton General Plan. 2) The Project is located within the City of Stockton 10-year Planning Horizon. 3) The Project proposes an orderly and logical boundary for annexation and is contiguous to the City limits.
4) The Project creates a logical extension of the City boundaries and can be served by existing infrastructure.

EXHIBIT 1
1360

ANNEXATION PLAN
8 City of Stockton – LeBaron Ranch Project
EXHIBIT 1
1361

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 9
EXHIBIT 1
1362

ANNEXATION PLAN
10 City of Stockton – LeBaron Ranch Project
EXHIBIT 1
1363

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 11
EXHIBIT 1
1364

ANNEXATION PLAN
12 City of Stockton – LeBaron Ranch Project

2. RESIDENTIAL ENTITLEMENT MATRIX
The City’s approach to meeting its RHNA allocation relies on pending/under application (pipeline projects), vacant sites, and anticipated development of accessory dwelling units (ADU) and junior ADUs (JADU). Using this approach, the City has a surplus of sites available to meet its 2023-2031 RHNA allocation by income category. The City currently has 17 pipeline projects, for a total of 14,388 units that can be built. Anticipated units are based on the project design as approved by the City of Stockton or as submitted by the applicant. Of the 17 pipeline projects, five are 100 percent affordable. Of the total 14,388 units, 394 are in the lower-income category, 353 are in the moderateincome category, and the remaining 13,641 are in the above moderate-income category. Table 1 provides the City’s list of pipeline projects.

TABLE 1 - PIPELINE PROJECTS SUMMARY

PIPELINE PROJECTS
TOTAL
ACRES

LOWER INCOME

CAPACITY

MODERATE INCOME

CAPACITY

ABOVE MODERATE

INCOME CAPACITY
TOTAL

CAPACITY
Calaveras Quarters Motel
Conversion 2.14 68 1 0 69
Cannery Park 291.82 0 3,267 490 522
Crystal Bay 174 0 67 1,276 1,343
Delta Cove 359.52 0 77 1,468 1,545
Elderberry Residential
Project 18.8 0 0 42 42
Grand View Village 0.79 75 0 0 75
Harding Apartments 1.02 0 4 18 22
Hunter House New
Apartments 0.69 120 0 0 120
La Passeggiata Affordable
Housing Project

0.83 94 0 0 94
Mobile Homes on El
Dorado 7.06 0 18 104 122
Sanctuary 1,950.46 0 0 5,758 5,758
Sonora Square
Apartments

0.92 37 0 37
Swain Crossing
Apartments 1.58 0 5 31 36
Tra Vigne 318.05 0 1,503 1,503
Trinity Parkway
Apartments

4.32 0 18 102 120
University Park 103.47 0 359 359
Westlake at Spanos Park 361.31 0 131 2,490 2,621
Total 3,621.10 394 353 13,641 14,374
SOURCE: CITY OF STOCKTON, 2023
The LeBaron Ranch Project includes the addition of 1,411 new residential units to the City of Stockton. The annexation area within the 10-year planning horizon of Stockton's SOI. The 10-year EXHIBIT 1
1365

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 13
planning horizon projects a build out of approximately 306.03 acres which could accommodate up to 4,416 people. 1
The current annexation area is adjacent to existing infrastructure and could serve the local demand, as well as providing the connection for other pending and entitled projects to develop subsequently.

It is important to note that although there is a build-out capacity of 1,411 residential units, it is very unlikely this capacity will be reached in full. While the residential entitlement matrix illustrates a large number of housing units on the books or in the pipeline, there are several factors, in addition to market factors, that reduce the City's inventory to a more realistic level. Additional housing units that are pending/under application will be available as the City continues to develop over time.

3. CITY SERVICES PLAN
Introduction
Pursuant to California Government Code Section 56653, the San Joaquin LAFCo requires that any application for a change of organization or reorganization be accompanied by a plan for providing services. In accordance with Section 56653, the plan shall include:
• an enumeration and description of services to be extended to the affected territory; • the level and range of those services;
• an indication of when those services can feasibly be extended to the affected territory; • an indication of any improvements or upgrading of structures, roads, sewer or water facilities, or other conditions that the local agency would impose or require within the affected territory if the change of organization or reorganization is completed; and • information with respect to how those services will be financed.

This Annexation Plan has been prepared to fulfill this requirement.

Discussion
The proposed Project includes an annexation of 12 APNs totaling 306.03 acres. This includes the Development Area (six parcels totaling 236.30 acres), Non-development Area (six parcels totaling

56.03 acres), and the remaining Right-of-Way Annexation Area (13.7 acres of existing County rightof-way). The annexation will also include detachment from the Lincoln Fire District.

The proposed Project includes a Vesting Tentative Subdivision Map for the Development Area. The tentative map would result in the subdivision of 236.3 acres into 1,217 single-family residential units (approximately 179 acres) and 194 high density residential units (9.5 acres), a 12-acre school site, an 8.5-acre central park and 3.47-acre northern park, and approximately 23.3 acres for streets/common areas/easements. Total parkland is approximately 12.2 acres. In addition, there will be a series of streets with an enhanced right-of-way to accommodate a pedestrian “wellness walk.” The development of the 12-acre school site is the discretionary decision of Lodi Unified School 1 POPULATION CALCULATION IS BASED ON 3.13 PERSONS PER DWELLING UNIT.

EXHIBIT 1
1366

ANNEXATION PLAN
14 City of Stockton – LeBaron Ranch Project
District (LUSD). If LUSD decides they do not want to secure a school site, an additional 79 singlefamily residential units would be developed on the school parcel.

The LeBaron Ranch Project is primarily a residential development anticipated to provide up to 1,411 units (assuming school site is developed with single-family residential units). Total parkland and open space areas total 30.7 acres, including a pedestrian “wellness walk.” Other uses to support and complement the proposed residential development include underground wet and dry utility infrastructure, roadways, curb/gutters/sidewalks, bicycle/pedestrian facilities, street lighting, and street signage. Table 2 provides a land use summary of the LeBaron Ranch Project.

TABLE 2: GROSS LAND USE SUMMARY – DEVELOPMENT AREA (PER VESTED TENTATIVE MAP)

PROPOSED LAND USE DESIGNATIONS

PROPOSED
(ACRES)

WITH SCHOOL

PROPOSED
(ACRES)

WITHOUT SCHOOL

PROJECTED

NUMBER OF UNITS
(OR SQUARE
FEET)
Low Density Residential 78.0 78.0 421
Medium Density Residential (1) 100.7 113.6 796(1)
High Density Residential 9.5 9.5 194
Institutional 12.0 -- --
Parks and Recreation 12.0 12.2 --
Storm Basin (Shown as Parks and Recreation
Designation) 4.5 4.5 --
Open Space (“Wellness Walks” and Open Ditch);
and Rights of Way 19.6 18.5 --
TOTAL 236.3 236.3 1,411(1)
NOTE:
1 FOR PURPOSES OF THE ENVIRONMENTAL ANALYSIS, IT IS ASSUMED THAT 79 SINGLE-FAMILY RESIDENTIAL UNITS WOULD BE DEVELOPED ON THE PARCEL RESERVED FOR THE PROPOSED SCHOOL. THESE ADDITIONAL LOTS ARE ADDED TO THE PROJECT LOT COUNT,

UNDER MEDIUM DENSITY DESIGNATION, TO DETERMINE A WORST-CASE SCENARIO IN TERMS OF BUILDOUT OF THE PROJECT SITE SHOULD THE SCHOOL DISTRICT NOT NEED THIS SITE.

The City provides a full range of municipal services, including public safety (fire, police, and building), sanitation (wastewater treatment and collection), libraries, parks, and recreation services. Municipal services would be extended to the annexation area upon development of the annexation area. The following discussion includes a description of existing City public services and utilities (including those to be extended), the level and range of these services (where applicable), when these services can feasibly be extended into the affected territory, improvements, or other conditions that the local agency would improve or require within the affected territory, information on how these services would be financed, and planned improvements.

The construction of on-site infrastructure improvements would be required to accommodate development of the Development Area, as described below.

Water
The City of Stockton will be the water purveyor for the LeBaron Ranch Project. The City’s 2020 Urban Water Management Plan (UWMP) included existing and projected water demands for existing and EXHIBIT 1
1367

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 15
projected future land uses to be developed within the City’s SOI through 2040. The water demand projections in the City’s 2020 UWMP included existing City water demands and future water demands within the service area.

A comparison of the City’s projected water supplies and demands is shown in Table 3 for Normal, Single Dry, and Multiple Dry Years, which shows that there is no supply deficit projected under hydrologic conditions through 2040.

TABLE 3: SUMMARY OF PROJECTED WATER SUPPLY DURING HYDROLOGIC NORMAL, SINGLE-DRY, AND MULTIDRY YEARS FOR CITY OF STOCKTON AT 2040 (AF) NORMAL
YEAR

SINGLE DRY
YEAR

MULTIPLE DRY
YEARS – YEAR 1

MULTIPLE DRY
YEARS – YEAR 3

MULTIPLE DRY
YEARS – YEAR 5
Stockton East
Water District
(SEWD)
24,300 6,700 24,300 6,700 24,300
Woodbridge
Irrigation District
(WID)
13,000 9,000 13,000 9,000 13,000
San Joaquin River 25,000 23,300 22,300 23,300 26,100
Groundwater 23,100 23,100 23,100 23,100 23,100
TOTAL SUPPLY 85,400 62,100 82,700 62,100 86,500
DEMAND TOTAL 48,444 48,444 48,444 48,444 48,444
DIFFERENCE 36,956 13,656 34,256 13,656 38,056
SOURCE: STOCKTON 2020 UWMP (2021), TABLES 7-6, 7-7, AND 7-9.

Based on the analysis described above, the City’s existing and projected potable water supplies are sufficient to meet the City’s existing and projected future potable water demands, including those future water demands associated with the Project, through year 2040, under all hydrologic conditions.

A. GROUND WATER
The City of Stockton Municipal Utilities Department (COSMUD) operates groundwater wells in both the North and South Stockton water service areas. Both water service areas generally rely on treated surface water year-round for their primary supply, but it is supplemented with groundwater to meet increased water demands primarily in the summer months or during dry years when available surface water supplies may be limited. Wells are also depended on for emergency supply in the event of surface water supply interruptions. The two water service areas are connected to one another by the Stockton Aqueduct; however, water supplies in the two water service areas do not currently comingle due to the higher pressure from SEWD in South Stockton, which prevents water from North Stockton from flowing into the South Stockton area.

COSMUD has 12 operational (i.e., active or standby) groundwater wells in North Stockton with design capacities ranging from 800 to 3,200 gallons per minute (gpm). The 10 active wells have a total production capacity of 29.1 million gallons per day (mgd) and the two standby wells have a total production capacity of 4.5 mgd, for a total available capacity of approximately 33.6 mgd.

EXHIBIT 1
1368

ANNEXATION PLAN
16 City of Stockton – LeBaron Ranch Project
Inactive wells are currently not permitted by the Division of Drinking Water (DDW). Although the total active well capacity is 29.1 mgd, actual groundwater production is less due the fact that the Delta Water Treatment Plant (DWTP) provides the majority of the supply in North Stockton.

COSMUD also has four operational (i.e., active or standby) groundwater wells in South Stockton. The design capacities range from 1,010 to 2,800 gpm. The two active wells have a total production capacity of 6.9 mgd, and the two standby wells have a production capacity of 3.3 mgd. Similar to North Stockton, although the total active well capacity is 6.9 mgd, actual groundwater production is less due to the fact that the SEWD’s Dr. Joe Waidhofer Water Treatment Plant (DJWWTP) provides the majority of the supply in South Stockton.

B.SURFACE WATER
The City’s surface water supply is from three primary sources: surface water diverted from the San Joaquin River treated at the City’s DWTP; surface water from the Mokelumne River diverted and conveyed by the WID and treated at the City’s DWTP; and treated surface water from SEWD.

The City exercises its water rights to the Sacramento-San Joaquin River Delta (Delta), using an intake facility on the San Joaquin River. Under the in-direct potable reuse program, the City may take as much water from the San Joaquin River as the City’s wastewater treatment plant discharges into the San Joaquin River. When water pumping is curtailed from the Delta due to environmental restrictions, the City purchases raw water from WID. Raw water is treated at the City’s DWTP. The City also purchases treated water from SEWD and pumps groundwater to supplement its supplies.

Due to differing disinfection processes that present water quality issues related to low chlorine residual and the potential for formation of disinfection byproducts, COSMUD provides water from the DWTP only in its North Stockton water distribution system. Water from SEWD can be conveyed to both the North Stockton and South Stockton distribution systems. SEWD also supplies the City’s Walnut Plant service area in Central Stockton. Cal Water conveys SEWD supply to the Walnut Plant service area via a wheeling agreement with COSMUD. Water supplies from local groundwater wells are used to supply both the COSMUD North Stockton and South Stockton water service areas.

At time of preparation of the City’s 2020 UWMP, COSMUD was in the process of implementing the North Stockton Pipeline Hypochlorite Facility that will allow SEWD supplies to be conveyed to the North Stockton system and combined with the DWTP-produced water supply.

The San Joaquin River provides the largest portion of the City’s potable water supply. When the City received its water right permit in 2006, the City implemented the Delta Water Supply Project to construct its DWTP north of Stockton, the Intake Pump Station (IPS) at the southwest tip of Empire Tract, and associated water supply infrastructure. The DWTP was completed in 2012. Since that time, the COSMUD has diverted water from the San Joaquin River via the IPS and treats the water at the DWTP for an increasing portion of its water supply.

The DWTP has a current treatment capacity of 30 mgd. In 2020, it produced approximately 55 percent of the COSMUD water supply. The treatment process includes ozone oxidation and disinfection and membrane filtration with free chlorine added as a residual disinfectant. Treated EXHIBIT 1
1369

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 17
water is stored in a four-million-gallon storage tank before being pumped to the North Stockton water service area.

The City’s water supply from the San Joaquin River is curtailed annually from February 15th to June 15th, due to U.S. Department of Fish and Wildlife Service, California Department of Fish and Wildlife, and National Marine Fisheries Service (NMFS) environmental restrictions. During that period, the City obtains raw water from WID to supplement its water supply.

The DWTP, located just north of Stockton, was completed in 2012, and currently has the capacity to treat up to 33,600 AFY of raw water from the Delta and WID. The DWTP is planned to be expanded as needed by the City and as permitted by the State Water Board. Water from DWTP is provided primarily to the COSMUD North Stockton water system and supplemented by groundwater.

C. EXISTING TRANSMISSION AND DISTRIBUTION SYSTEM
The COSMUD water transmission system consists of pipelines that are 16 to 48 inches in diameter.

The North Stockton water service area is connected to the SEWD DJWWTP via a 48-inch diameter pipeline and connected to the DWTP via a 42-inch-diameter pipeline. The South Stockton water service area is connected to the SEWD DJWWTP via the 42-inch-diameter pipeline. The COSMUD water distribution system consists of pipelines with diameters less than 16 inches. Most of the service laterals branch off of eight-- and 12-inch-diameter pipelines.

D. WATER CONSERVATION
Consistent with California Water Code Sections 11950 – 11954, the City has implemented various water conservation efforts, as well as a Water Shortage Contingency Plan which identifies actions that can be taken to respond to catastrophic interruption of water supply.

The City Council adopted a Water Conservation Ordinance in 1988, enacted in the Stockton Municipal Code, Sections 13.28 and 13.32, which include both voluntary and mandatory conservation stages. From 1990 to 1992, mandatory water reduction stages were in force due to the prolonged years of drought. The City initiated a voluntary reduction stage in 1993 and has maintained a voluntary reduction stage since that time.

E. GENERAL PLAN
The City's General Plan includes policies and implementation programs related to maintaining an adequate water supply for the City's population. Following adoption of the General Plan, the City updated its Water Management Plan based on the growth projections of the General Plan. Based on existing water use patterns, the water supply is projected to be available through 2040. The area served would include all potential development within the 10-year planning horizon which includes the Annexation Project location.

F. TIMING AND EXTENSION OF WATER SUPPLY TO THE ANNEXATION AREA The Development Area would be served by a new potable water distribution system. The Project proposes two 18-inch lines along Marlette Road and Lower Sacramento Road. The proposed 18-inch EXHIBIT 1
1370

ANNEXATION PLAN
18 City of Stockton – LeBaron Ranch Project
water line along Marlette Road will connect to a water main in West Lane that will be constructed as part of the Tra Vigne project and travel west along the proposed Marlette Road, connecting to the existing City of Stockton water main on Lower Sacramento Road. The Project would extend the existing City of Stockton water main on Lower Sacramento Road north, by constructing a second 18- inch line along Lower Sacramento Road to connect with the existing water main in Eight Mile Road.

The Project proposes a network of 12-inch lines located within the Project site to connect to the proposed 18-inch water line along Marlette Road and the 24-inch water line along West Lane. Water supply would be provided to the annexation area based on the timing of the development of the annexation area. Water service will be provided to each new development area as they are constructed.

The developer's contribution to water connection and supply as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $11,467,413 for domestic water supply and $2,755,786 for domestic water connection. This development impact fee is allocated proportionately at a rate of $9,422 and $2,264 per residential unit, respectively2.

Stormwater
The City provides and maintains a system of storm drains, detention basins, and pumping facilities, as well as monitoring and operational control of the storm drain system. Additionally, the City enforces storm drain regulations established by the U.S. Environmental Protection Agency and the State of California.

Urban stormwater drainage in the City is provided by a storm drain system that is separate from the municipal sewer system. COSMUD operates and maintains approximately 620 miles of pipe, 72 pump stations, and more than 100 discharge pipes. The local storm drain facilities collect and route runoff from the streets and gutters through surface canals and stormwater retention basins, as well as a through a network of underground gravity and force mains (pipelines), pump stations, and outfalls into rivers, creeks, and the Delta, including outfalls to the San Joaquin River, Bear Creek, Pixley Slough, Mosher Slough, Five Mile Slough, Fourteen Mile Slough, Calaveras River and Stockton Diverting Canal, Smith Canal, French Camp Slough, Walker Slough, Weber Slough, North Littlejohns Creek, and Duck Creek (City of Stockton, 2018).

Currently, the City operates two small basins located near Eight Mile Road and Highway 99 (Cannery Park Northeast and Northwest basins), in cooperation with WID, as dual function facilities for stormwater detention and groundwater recharge. Water from WID is supplied to the basins during the summer months. In addition, the City is planning to complete feasibility analysis and preliminary design plans to upgrade the La Morada stormwater detention basin number 2, in northeast Stockton, into a dual function facility for groundwater recharge using recovered stormwater during the winter and WID supply in the summer months (City of Stockton, 2021). 2 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024.

EXHIBIT 1
1371

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 19
The City operates under Municipal Stormwater Permit Requirements Order No. R5- 2016-0040. The Stormwater Utility Division also manages the City’s National Pollutant Discharge Elimination Permit (NPDES) and all the monitoring, testing, education, and programs required under the permit.

The NPDES Stormwater Program regulates stormwater discharges from three potential sources:
• construction activities;
• industrial activities; and
• the municipal stormwater system.

A. EXISTING STORMWATER DRAINAGE SYSTEM
The City of Stockton SOI is situated just east of the Delta, a low-lying region of sloughs and channels connecting local waterways with the Suisun Bay and the San Francisco Bay. The City and surrounding areas within the SOI depend on creeks, rivers, and sloughs to collect and convey storm runoff to the San Joaquin River and the Delta. The primary watercourses that drain the SOI include the San Joaquin River, Bear Creek, Mosher Slough, Five Mile Slough, Fourteen Mile Slough, Calaveras River and Stockton Diverting Canal, Smith Canal, and French Camp and Walker Sloughs. Most storm drains and pump stations within the service area have adequate capacity to collect stormwater drainage (City of Stockton, 2020).

Stormwater runoff occurs when precipitation from rain and snow melts and does not absorb into the ground. As the runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment, and other pollutants that could adversely affect water quality. Stockton’s stormwater is collected in catch basins and transported untreated directly into our local rivers, creeks, and sloughs, and eventually to the Delta. Best management practices (BMPs) are the primary method to stop contaminants from entering the system.

Municipal Separate Storm Sewer System (MS4) permits are required under the Clean Water Act and require the discharger to develop and implement a Storm Water Management Plan to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP). The management plans specify what BMPs will be used to address certain program areas: such as public education and outreach, illicit discharge detection and elimination, construction and post-construction, and good housekeeping for municipal operations.

Each year, the City is required to provide an annual report to the State on their stormwater program and BMPs.

B. FUTURE STORMWATER DRAINAGE DEMANDS AND SYSTEM IMPROVEMENTS 200-Year Flood Protection in the Central Valley
Portions of the City of Stockton lie within the 200-year flood hazard area; however, the annexation area is not located within the 200-year flood hazard area. State floodplain legislation (Senate Bill [SB] 5) for the San Joaquin River region has resulted in stricter development standards that began in early 2016. Urban areas that depend on levee protection are required to have a 200-year level of EXHIBIT 1
1372

ANNEXATION PLAN
20 City of Stockton – LeBaron Ranch Project
flood protection. SB 5 prohibits a city or county within the Central Valley Flood Protection Plan area from approving a development agreement, discretionary permit or entitlement, tentative map, or parcel map for any property within a flood hazard zone unless they can demonstrate any of the following:
• the project has already achieved the applicable level of flood protection, • conditions have been imposed on the project approval that will eventually result in the applicable level of flood protection, or
• adequate progress is being made towards achievement of the applicable level of flood protection.

Adequate progress is defined as meeting all the following:
• The project scope, cost and schedule have been developed; • In any given year, at least 90 percent of the revenues scheduled for that year have been appropriated and expended consistent with the schedule; • Construction of critical features is progressing as indicated by the actual expenditure of budget funds;
• The city or county has not been responsible for any significant delay in completion of the system; and
• The above information has been provided to the Department of Water Resources (DWR) and the Central Valley Flood Protection Board and the local flood management agency shall annually report on the efforts to complete the project.

Section 16.90.020(B) requires the review authority’s decision to approve a project in accordance with the City’s established criteria for development in 200-year floodplains, which are consistent with accepted State and federal floodplain management practices. According to the City’s established criteria, the annexation area would be considered an urban area, as it is located within the City’s corporate limits. Thus, the Annexation Project may be approved provided that all properties within the annexation area would meet the urban level of flood protection.

C. TIMING
Drainage improvements will be constructed in to maintain the service level standard. This is accomplished by constructing the storm drainage and flood protection facilities for each new area that is developed, and by ensuring that necessary facilities are developed efficiently prior to and during construction activities.

D.STORM DRAINAGE WITHIN THE ANNEXATION AREA
Development of the LeBaron Ranch Project would include construction of a new storm basin near Eight Mile Road, and two options for connecting to offsite drainage facilities are being considered and evaluated. Option 1 would connect to a new outfall structure to the north of the basin and pump storm water into the WID drainage ditch that is located south of, and parallel to, Eight Mile EXHIBIT 1
1373

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 21
Road. Option 2 is construction of a force main to Pixley Slough to an existing outfall structure. The force main would be located south of, and parallel to, Eight Mile Road.

Option 1 (Direct Discharge to WID Drainage Facility): The new basin will collect storm water from the annexation area to be pumped through a force main system to a new outfall structure located north of the basin and discharge flows into an existing WID drainage facility that parallels Eight Mile Road.

Option 2 (Force Main to Existing Pixley Slough Outfall): The new basin will collect storm water from the Project site to be pumped through a force main system to the existing Pixley Slough Outfall Facility, located at the northwest corner of the existing Destinations residential master plan community. Storm water from the new basin will be pumped following peak flows to avoid impacting the existing storm drainage system built as part of the Destinations residential master plan community. The force main pipe will be in a drainage easement adjacent to the Eight Mile Road right of way, travel west to the existing Pixley Slough Outfall facility.

It is noted that the location of the proposed basin is conceptual and will be finalized during the design of Improvement Plans.

Currently, runoff from within the annexation area is collected in a system of shallow agricultural and roadside ditches. Irrigation canals, operated by WID, run along the northern, eastern, and southern borders of the Development Area, separating existing agricultural uses from the respective roadways. The Project would alter the existing drainage through grading and development of urban uses within the Development Area of the site. Additionally, the Project would result in increased impervious surfaces and result in an incremental reduction in the amount of natural soil surfaces available for infiltration of rainfall and runoff, with the potential to generate additional runoff during storm events. Additional runoff could contribute to increased erosion, siltation, and pollution, as well as an increase in flood potential or runoff that could exceed the capacity of the City’s drainage system.

The overall design of Project’s drainage infrastructure, including the storm basin, would be required to comply with the City of Stockton NPDES Stormwater Management Plan, which includes existing and enhanced program control measures for controlling the discharge of pollutants to the municipal storm drain system to the maximum extent practicable. In addition, General Plan Action SAF-3.2B requires new development to employ low impact development (LID) approaches that conserve natural areas and reduce impervious areas. The term LID means a storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect predevelopment hydrologic functions. The Annexation Project would be required to integrate LID measures throughout the Development Area to provide stormwater quality treatment. These LID measures would likely include both volume-based BMPs (i.e., bioretention, infiltration features, pervious pavement, etc.) and flow-based BMPs (i.e., vegetated swales, stormwater planter, etc.). The use of these features would be dependent upon the location and setting within the annexation area.

EXHIBIT 1
1374

ANNEXATION PLAN
22 City of Stockton – LeBaron Ranch Project
According to the City of Stockton and San Joaquin County Stormwater Quality Control Criteria Plan (SWQCCP), the Project would be considered both a Priority Project and a PLU Project, as the Project includes a residential subdivision of 10 housing units or more (Priority Project) and contains land uses with at least 10 developed dwelling units per acre (Priority Land Use [PLU] Project). Priority projects are required to prepare and submit a Project Stormwater Quality Control Plan with the initial building permit submittal, that demonstrates the Project incorporates site design measures, landscape features, and engineered treatment facilities (typically, bioretention facilities) that will minimize imperviousness, retain or detain stormwater, slow runoff rates, and reduce pollutants in post-development runoff. In particular, the Project Stormwater Quality Control Plan would specify BMPs required to be implemented by the Project and design specifications for selected BMPs. The Project Stormwater Quality Control Plan must be submitted for review and approval by the City of Stockton Department of Municipal Utilities.

Wastewater
Wastewater services would be provided by existing and planned City of Stockton collection and treatment system. Wastewater treatment would be provided at the City’s existing Regional Wastewater Control Facility (RWCF). The RWCF provides secondary and tertiary treatment of municipal wastewater throughout the City. The remainder of the City is served by on-site private septic systems or lie outside the urban service area. The existing wastewater collection system service area includes residential, commercial, industrial, municipal, and mixed-use areas within the City, as well as 17 unincorporated County areas.

A. WASTEWATER COLLECTION
Municipal wastewater treatment and collection services in the Stockton City limits are provided by COSMUD. The existing City of Stockton wastewater collection system is divided into 10 designated sub-areas or “systems.” The City’s wastewater collection system comprises of just over 1,000 miles of gravity mains ranging from four to 84 inches in diameter, as well as 35 pump stations and approximately 37 miles of active force mains ranging from two to 42 inches in diameter. The Project site is located within Collection Service Area No. 10 (City of Stockton, 2022).

Current City standards call for all gravity sewers to be designed for full-pipe gravity flow. Surcharging results in sewers that do not meet this criterion under a given flow condition. For planning purposes, the available capacity is zero in gravity sewers, with a predicted peak flow equal to or greater than the full-pipe gravity flow capacity. The following standards are used in the design of gravity sewers.

Pipes must be sloped to produce a minimum of two feet per second (fps) at peak flow. Flatter slopes (as low as 0.0006 foot per foot) have been allowed for some designs in Stockton to accommodate project-specific constraints. It can be difficult to maintain the desired grade during construction of pipelines at slopes less than 0.001 foot per foot. Initial flows during the early years will be lower than the design flows, causing velocities to be lower. During design, steeper slopes should be considered where feasible. Additional maintenance or other measures may be required to control odors in sewers with initially low velocities.

Force mains convey flow from pump stations to a downstream gravity sewer. There are approximately 158,000 lineal feet of force mains in the City’s model, representing all City-owned EXHIBIT 1
1375

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 23
force mains of significant length, as well as some private pumping and force main systems. City design standards recommend that force main velocities should be limited to “around seven (7) fps” for lengths up to 300 feet, and “around five (5) fps” for lengths in excess of 1,000 feet.

Wastewater pumping stations are located throughout the City and are integral to the wastewater collection system. Most of the pump stations discharge to pressure sewers (force mains) that convey flow under pressure either directly to the RWCF or to a downstream gravity sewer. An existing sewer pump station is located to the south of the annexation area at Thorton Road and Davis Road.

B. WASTEWATER TREATMENT PLANT PERMITTING AND CAPACITY
Wastewater from the City is currently treated at the City of Stockton RWCF, which is owned and operated by the City. The City’s Wastewater Master Plan Update (City of Stockton, 2022), City of Stockton Sphere of Influence Plan/Municipal Service Review, San Joaquin Local Agency Formation Commission Final Draft (City of Stockton, 2020), and CRWQCB Central Valley Waste Discharge Requirements for the City of Stockton Regional Wastewater Control Facility are the primary documents that outline the City’s long term strategy for meeting future discharge and capacity requirements for a planning horizon that extends to build-out of the General Plan. The RWCF effluent is currently regulated by Central Valley Regional Water Quality Control Board (CVRWQCB) Order No. R5-2020-007, NPDES CA0079138. Currently, RWCF is designed to treat and provide a discharge of up to 55 mgd of tertiary treated wastewater to the San Joaquin River, within the Delta.

RWCF collects and treats an average of 33 mgd of wastewater, from approximately 116,000 sewer connections in the City and nearby San Joaquin County areas. The City of Stockton RWCF sewer treatment plant is undergoing the Modifications Project to modernize the facility and accommodate growth initially through 2035, with the ability to expand through 2045 and beyond. All existing and planned development areas and the unincorporated islands are expected to be served by the RWCF under the Envision Stockton 2040 General Plan buildout development conditions, regardless of water source, as a prudent planning assumption for the purposes of the City’s Wastewater Master Plan Update (City of Stockton, 2023).

RWCF provides tertiary level wastewater treatment. After primary and secondly treatment, the wastewater undergoes tertiary treatment in facultative lagoons, constructed wetlands, two nitrifying biotowers, dissolved air floatation, mixed-media filters, and is disinfected using chlorination/dechlorination facilities. It should be noted that an amendment to RWCF’s waste discharge requirements was provided in 2014, under Order R5-2020-007, in which effluent limitations for electrical conductivity are removed.

C. WASTEWATER QUALITY
The City’s wastewater treatment plant is governed by a federal NPDES permit. The City is required by law to have its permit reviewed every five years by the Regional Water Quality Control Board (the State’s regulating agency for the NPDES permit program). On February 20, 2020, the Central Valley CVRWQCB issued a wastewater discharge permit to the City of Stockton for the operation of its regional wastewater treatment facility.

EXHIBIT 1
1376

ANNEXATION PLAN
24 City of Stockton – LeBaron Ranch Project
D. WASTEWATER SYSTEM WITHIN THE LEBARON RANCH ANNEXATION AREA Wastewater collection would be provided by the City’s existing Wastewater Collection System No. 10 (System 10). The Project proposes an 18-inch sewer line in Marlette Road that would connect with a sewer trunk main in West Lane that will be constructed as part of the Tra Vigne project. The alignment of the sewer main was established as part of the approved Tra Vigne project. If the Tra Vigne project does not construct the sewer main as approved, the applicants for the proposed Project would move forward with construction of the sewer main needed to facilitate the proposed Project.

City’s wastewater treatment facility is approaching its functional capacity, and expansion of RWCF to meet anticipated demands resulting from growth in Stockton is the subject of an ongoing planning and engineering effort. RWCF has adequate capacity to serve anticipated short-term development within the City, and expansion plans provide for creation of additional capacity over time to meet anticipated demands generated from the annexation area and other growth areas of the City.

Occupancy of the LeBaron Ranch Project would be prohibited without sewer allocation, as required by Stockton Municipal Code Section 13.12.100, Mandatory Sanitary Service Required. An issuance of sewer allocation from the City’s available capacity would ensure that there would be a final determination by the wastewater treatment and/or collection provider that there is adequate capacity to serve the proposed Project’s projected demand, in addition to the provider’s existing commitments. Additionally, any planned expansion to the RWCF with a subsequent allocation of capacity to the proposed Project would ensure that there would not be a determination by the wastewater treatment and/or collection provider that there is inadequate capacity to serve the proposed Project’s projected demand in addition to the provider’s existing commitments.

Solid Waste
The City of Stockton Public Works Department (Solid Waste & Recycling Division) provides solid waste hauling service for the City and would serve the proposed Project. Waste collection services are provided weekly, as specified by the waste haulers that serve the City, which include Republic Services and Waste Management.

Solid waste from Stockton is taken to Forward Landfill in Manteca or the North County Landfill in Lodi. During inclement weather, occasional loads are taken to the Lovelace Material Recovery Facility in Manteca. Solid waste from Lovelace is disposed at Foothill Landfill in Linden. Construction and demolition materials and some commercial loads are processed at the East Stockton Transfer Station. Residuals from the East Stockton Transfer Station are disposed at Forward Landfill.

The permitted daily maximum disposal at the Forward Landfill is 8,668 tons per day. The total permitted capacity of the Forward Landfill is 59.16 million cubic yards, which was expected to accommodate an operational life until January 1, 2036. The remaining capacity of Forward Landfill is 24.7 million cubic yards.

The permitted daily maximum disposal at the Foothill Landfill is 1,500 tons per day. The remaining capacity is 125,000,000 cubic yards with an anticipated closure year of 2082. The permitted daily EXHIBIT 1
1377

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 25
maximum disposal at the North County Landfill is 825 tons per day. The remaining capacity is 35,400,000 cubic yards with an anticipated closure year of 2048.

The addition of solid waste associated with the Annexation Project, approximately 7.11 tons per day at total buildout, to the Forward Landfill would not exceed the landfill’s remaining capacity through its operational life. Should additional solid waste disposal needs become necessary, there would be available capacity at both Foothill Landfill and North County Landfill to accommodate the additional waste generated. Solid waste collection services would continue to be made available to new residents, owners, and tenants of the Project as units begin to become occupied.

The developer's contribution to sanitary connection as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $2,555,700 for combined fees and $3,894,400 for project fees. This development impact fee is allocated proportionately at a rate of $2,100 and $3,200 per residential unit, respectively3.

Electricity and Natural Gas
Pacific Gas and Electric Company (PG&E) is responsible for provision of electricity and natural gas to the City and the annexation area. PG&E delivers approximately 86,179 million kilowatt-hours (kWh) of electricity to its 15 million customers throughout the 70,000-square-mile service area in northern and central California. The PG&E service area is divided into seven distribution areas, with Stockton located in the Stockton Division of PG&E's Operations, Maintenance, and Construction Area 5.

PG&E is also responsible for the provision of natural gas to the City. Gas is delivered to the City and the City Planning Area through portions of PG&E's 48,198 miles of natural gas pipelines. Residents, owners, and/or tenants would be responsible for paying for electricity and natural gas services, based on the amount of energy used.

Police Services
Law enforcement services for the City of Stockton are provided by the Stockton Police Department (SPD). The SPD service area covers over 65 square miles. The average response time to in-progress life threatening emergencies is between three and five minutes. Depending on the nature of the call, the time of day, the location, and the number of on-duty personnel, response times to nonemergency calls can exceed 25 minutes. SPD serves the area to the City limits, while the San Joaquin County Sheriff’s Department serves all adjacent unincorporated areas within the Stockton SOI (City of Stockton, 2020). Through a mutual aid agreement, SPD and the County Sheriff’s Department can call upon each other to provide service when requested.

SPD consists of 485 sworn police officers and 227 civilian staff. Stockton’s 2019 population was approximately 316,400, which resulted in a ratio of 1.533 sworn staff per 1,000 residents (City of Stockton, 2020). This ratio exceeds the City’s General Plan Safety Element minimum standard of 1.5 sworn officers per 1,000 residents.4 Although the Stockton General Plan states that the City strives 3 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024. 4 City of Stockton General Plan, Public Facilities and Services Element, PFS-7.2.

EXHIBIT 1
1378

ANNEXATION PLAN
26 City of Stockton – LeBaron Ranch Project
to achieve a ratio of 1.5 sworn officers per 1,000 population, staffing levels in the City of Stockton ultimately are determined each year by the City Council in consultation with the City Manager and Chief of Police based on the needs of the City. Additional officers are planned to be hired, as the City population grows. The City’s goal is to respond to all priority one emergency calls within an average of five minutes or less.

SPD is organized into two bureaus, Logistics and Operations, and five divisions, including Administrative Services, Field Operations Investigations, Special Operations, and Technical Services.

Divisions are coordinated out of two facilities: the Headquarters, located at 22 E. Weber Avenue, and Operations, located at 22 E. Market Street (City of Stockton, 2020).

The SPD management team consists of the Chief of Police, who oversees Professional Standards, Fiscal Affairs and Planning, and Public Information Sections, an Assistant Chief of Police (currently vacant), and two Deputy Chiefs of Police, each overseeing a bureau, and five Police Captains, each overseeing a division (City of Stockton, 2020).

SPD has both traditional and specialized transportation equipment that it uses to conduct patrols, respond to emergencies, and provide programs. The transportation types include bicycles(16 units), marked vehicles (217 units), unmarked vehicles (208 units), motorcycles (27 units), animal control (8 units), and miscellaneous (9 units) (City of Stockton, 2020).

The City of Stockton General Plan includes policies and actions to ensure that SPD continues to provide adequate facilities and staffing levels. Below is a list of relevant policies and actions:
• Carefully plan for future development and proactively mitigate potential impacts (Policy LU-6.1).
• Maintain adequate staffing levels to support achieving the City’s service level goals for police and fire protection (Action LU-6.1.G).
• Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs (Policy LU-6.3). • Require development to mitigate any impacts to existing sewer, water, stormwater, street, fire station, park, or library infrastructure that would reduce service levels (Action LU-6.3.A).

The Fiscal Year 2024-2025 budget for SPD is $16,453,310. The need for additional personnel in the future will be addressed by the Chief of Police, the City Manager, and the City Council as response times are reassessed annually and as budget allows. The budget for SPD is expected to increase, as development of the City of Stockton continues. Development of the area to be added to the 10-year planning horizon as part of the annexation to the SOI would provide additional revenues to SPD.

SPD has sufficient resources to serve the annexation area. Staffing levels at the SPD are adjusted based on Police Department response times and new hiring is expected to occur as the population of Stockton grows. Additional revenue would be provided directly to SPD, through the payment of development fees, by the applicants of the LeBaron Ranch Project. Furthermore, the proposed developments would be more easily accessible by improved road infrastructure that would be EXHIBIT 1
1379

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 27
developed in the future. This extension of services would occur concurrently with the development of the annexation area.

The developer's contribution to police services as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $719,247. This development impact fee is allocated proportionately at a rate of $591 per residential unit5.

Fire Services
The Stockton Fire Department (SFD) is responsible for the primary provision of fire services and emergency medical response for the City and its residents, including the surrounding unincorporated areas. SFD provides service to a 91-square-mile area, serving a population of approximately 336,000 people within the City and the County’s Boggs Tract, Lincoln, Eastside, and Tuxedo-Country Club Fire Protection Districts. SFD is comprised of 187 sworn fire personnel and 46 civilian personnel (City of Stockton, 2023).

SFD consists of six operational divisions: Administration, Operations, Fire Prevention, Training, Communications/Dispatch, and Emergency Medical Services. SFD is led by a Fire Chief, who reports to the City Manager's Office (City of Stockton, 2022A). Each division is managed by a Deputy Chief or Division Chief (City of Stockton, 2022B).

SFD has 13 fire stations located throughout the City, with daily staffing levels of three-person fire engine companies, three four-person truck companies, two battalion chiefs and one chief’s operator (City of Stockton, 2023). In addition, SFD has access to 7,000 hydrants in key locations providing adequate water for the surrounding areas (City of Stockton, 2020). Each fire station has one fire engine, and the truck companies are located at SFD Stations 2, 3, and 4. The Training Division and Communications Division are located at Station 2, the central fire station. The Hazardous Material Team is staffed by Station 3, and Urban Search and Rescue Team is staffed by Station 2 (City of Stockton, 2022B). The annexation area is expected to be served primarily by Station 13, which is located approximately 13 miles east of the annexation area. It is noted that fire service is currently provided by the Lincoln Rural County Fire Protection District. The proposed Project includes a detachment from that Lincoln Rural County Fire Protection District during the annexation process.

The City of Stockton provides contractual fire services to the County’s Boggs, Tract Eastside, Lincoln, and Tuxedo-Country Club Fire Protection Districts. These districts cover unincorporated areas in Stockton’s SOI, and Boggs tract and Country Club are entirely within Stockton’s SOI. These districts pay for services based on the proportion of the cost for fire services, as calculated by the ratio of assessed property value in the districts to the total assessed property value in the City (City of Stockton, 2020). In addition, SFD also provides emergency response services within the City limits and to the four adjoining County fire districts (Boggs, Tract, Tuxedo-Country Club, Eastside, and Lincoln Fire Protections Districts). In 2022, SFD received 168,000 calls for services and responded to 44,665 emergency incidents, including 17,935 EMS emergencies and 4,658 fire incidents (City of Stockton, 2023). The Project site is located within the Lincoln Rural County Fire Protection District, 5 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024.

EXHIBIT 1
1380

ANNEXATION PLAN
28 City of Stockton – LeBaron Ranch Project
which provides fire service to several unincorporated islands within the City, to the area north of Eight Mile Road. The total service area of the District is approximately 8,083 acres (San Joaquin County LAFCO, 2023).

The SFD has 13 fire stations located throughout the City with daily staffing levels of three-person fire engine companies, three four-person truck companies, two battalion chiefs and one chief’s operator (City of Stockton, 2023). In addition, the SFD has access to 7,000 hydrants located in key places to provide adequate water for the surrounding development (City of Stockton, 2020). Each fire station has one fire engine and the truck companies are located at Stations 2, 3, and 4. Training Division and Communications Division are located at Station 2, the central fire station. Hazardous Material Team is staffed by Station 3, and Urban Search and Rescue Team is staffed by Station 2 (City of Stockton, 2022B). The annexation area is expected to be served primarily by Station 13, which is located approximately 13 miles east of the annexation area. It is noted that fire service is currently provided by the Lincoln Rural Fire District. The proposed Project includes a detachment from that district during the annexation process.

The Insurance Services Office (ISO) Public Protection Classification Program currently rates the Fire Department as 2 on a scale of 1 to 10, with 1 being the highest possible protection rating and 10 being the lowest. The ISO rating measures individual fire protection agencies against a Fire Suppression Rating Schedule, which includes such criteria as facilities and support for handling and dispatching fire alarms, first-alarm response and initial attack, and adequacy of local water supply for fire-suppression purposes. As of 2019, the Stockton’s Fire Department ISO rating is a level 2 (City of Stockton, 2020).

The City of Stockton General Plan includes policies and actions to ensure that the SFD continues to provide adequate facilities and staffing levels. Below is a list of relevant policies and actions:
• Carefully plan for future development and proactively mitigate potential impacts (Policy LU-6.1).
• Monitor the rate of growth to ensure that it does not overburden the City’s infrastructure and services and does not exceed the amounts analyzed in the General Plan EIR (Action LU-6.1.B).
• Maintain adequate staffing levels to support achieving the City’s service level goals for police and fire protection (Action LU-6.1.G).
• Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs (Policy LU-6.3). • Require development to mitigate any impacts to existing sewer, water, stormwater, street, fire station, park, or library infrastructure that would reduce service levels (Action LU-6.3.A).

The average response time for all types of calls between the years 2015 and 2016 (the most recent data available), was five (5) minutes and 47 seconds.

The FY 2024-2025 budget for the SFD is $24,126,011. The need for additional firefighters in the future will be addressed as warranted. Development of the annexation area would provide EXHIBIT 1
1381

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 29
additional revenues to the SFD, which would help to ensure that adequate fire service is extended to the annexation area.

The developer's contribution to fire services as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $950,477. This development impact fee is allocated proportionately at a rate of $781 per residential unit6.

School Services
The annexation area is located within the boundaries of the Lodi Unified School District (LUSD). The developer will be required to pay the school fees to the applicable school district to mitigate any impacts.

The LUSD enrolled 26,966 K-12 non-charter students for the 2022-2023 school year. The LUSD operates 48 school sites, including 33 elementary schools, six middle schools, four comprehensive high schools, and two continuation schools. The district boundary encompasses 350 square miles and spans the City of Lodi, the community of north Stockton, and the communities of Acampo, Clements, Lockeford, Victor, and Woodbridge. With the payment of school fees to the applicable school districts, timely extension of school services to the annexation area is expected. The developer's contribution to the school services as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $12,267,360. This development impact fee is allocated proportionately at a rate of $10,080 per residential unit7.

Parks and Recreation
Under the park standards outlined in the City’s General Plan, the City aims to provide 2 acres of neighborhood parkland, 3 acres of community parkland, and 3 acres of regional parkland per 1,000 residents. With the existing population of 319,731 residents, the City is currently deficient in meeting its park service standards in all categories. Based on the City’s adopted standard of 2 acres of neighborhood park per 1,000 residents, the increase in population due to implementation of the Project would require approximately 8.83 acres of additional neighborhood parks. The Project would provide approximately 12 acres of neighborhood parkland, to serve the additional residents. It should be noted that Project would be required to fund its fair share for required parkland but would not make up for existing system deficiencies. The Project would be subject to Municipal Code, Section 16.72.060(C), Park Land Dedications and Fees, which required for the dedication of land and/or the payment of fees to the City for park and recreational purposes and/or the construction of park and recreational facilities. The developer's contribution to the Parks and Recreation fee as part of the Annexation Plan has been estimated based on an approximate total development impact 6 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024. 7 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024.

EXHIBIT 1
1382

ANNEXATION PLAN
30 City of Stockton – LeBaron Ranch Project
fee of $3,405,166. This development impact fee is allocated proportionately at a rate of $2,798 per residential unit8.

Other Government Facilities
The Project would be subject to Stockton Municipal Code Section 16.72.260, Public Facilities Fee (PFF), which requires payment of a PFF fee on issuance of building permits for development in the City to pay for municipally owned facilities, including but not limited to City office space, libraries, and community recreation centers. Payment of the fee is required to implement the goals and objectives of the General Plan and to mitigate the impacts caused by future development in the City.

The payment of fees has been identified to finance public facilities and/or compensation measures, and to pay for each development’s fair share of the construction costs of these improvements, and/or the costs of the compensation measures.

In total, the developer's contribution to developmental impact fees as part of the Annexation Plan has been estimated based on an approximate total development impact fee of $87,045,194. This development impact fee is allocated proportionately at a rate of $71,524 per residential unit9.

Findings
Overall, existing public services, with improvements proposed as a part of the Project, would be adequate to serve the Project and its future residents. The Project would require the extension of services provided by the City, including public safety and utility services. The level and range of these public services is described in this document and in additional detail in the LeBaron Ranch Project Draft Environmental Impact Report. The design, engineering, and construction of these services and infrastructure improvements will be financed by the developer subject to approval by the City of Stockton.

4. TIMELY AVAILABILITY OF WATER SUPPLIES
The Development Area of the Project will include 421 low density residential dwelling units, 796 medium density residential dwelling units, and 194 high density residential dwelling units, for a total of 1,411 residential dwelling units. Approximately 12.2 acres of parklands will also be included as part of the Project.

There is a second Project scenario where a portion of the Development Area that is currently scoped for 79 of the proposed medium density residential dwelling units would instead be used for a new K-8 school to be developed by LUSD. This would result in 717 medium density residential dwelling units, for a reduction in total units to 1,332 residential dwelling units. This scenario is dependent on whether LUSD decides they would like to build a school in that area. However, for the purposes of this analysis, the 79 medium density residential units are assumed to be built instead of the school, 8 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024. 9 NorthStar Engineering Group, Inc. LeBaron Ranch Cost Estimates, Prepared December 20th, 2024.

EXHIBIT 1
1383

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 31
thereby representing a more conservative analysis, including greater assumptions for Project water demand, thus representing the worst-case scenario.

To determine the projected water demand for the Project, the updated water use factors from the City’s 2021 Water Master Plan Update were used. These water use factors are based on recent water consumption trends within the COSMUD service area. The total projected water demand for the Project is 424 AFY, as shown in Table 4. The Proposed Project’s water supplies are anticipated to be provided by the COSMUD North Stockton water system.

TABLE 4: TOTAL PROJECTED WATER DEMAND

LAND USE TYPE

DWELLING

UNITS (DU)

GROSS AREA,
ACRES

WATER USE

FACTOR (A)

NON-REVENUE

WATER(B)

PROJECTED
WATER

DEMAND(C), AFY
Low Density
Residential 421 -
242 gdp/DU

0.27 AFY/DU 8% 124
Medium Density
Residential 796 -
242 gdp/DU

0.27 AFY/DU 8% 235
High Density
Residential 194 -
175 gdp/DU

0.20 AFY/DU 8% 41
Parks - 12.2 1.85 AFY/acre 8% 25
TOTALS 1,411 12.2 - - 242
(A) WATER USE FACTORS ARE FROM THE CITY OF STOCKTON 2021 WATER MASTER PLAN UPDATE. (B) NON-REVENUE WATER IS 8 PERCENT OF THE TOTAL WATER DEMAND, WITH THE TOTAL WATER DEMAND INCLUDING THE NONREVENUE WATER ITSELF. THIS ASSUMPTION IS BASED ON THE CITY OF STOCKTON 2021 WATER MASTER PLAN UPDATE. (C) THE PROJECTED WATER DEMAND WAS DETERMINED BY MULTIPLYING THE DWELLING UNITS OR GROSS ACRES BY THE WATER USE FACTOR FOR EACH LAND USE TYPE AND THEN ADDING 8 PERCENT OF THE NON-REVENUE WATER.

SOURCE: LEBARON RANCH PROJECT WATER SUPPLY ASSESSMENT (2023).

The most recent COSMUD UWMP (2020 UWMP) was adopted by City Council in June 2021. The 2020 UWMP included water demand projections for current water demands within the COSMUD water service area (baseline demand) and anticipated water demands associated with future development projects and planning areas within the COSMUD water service area through 2045, including projected water demand for the Project.

As shown in Table 4, projected future water demands presented in the 2020 UWMP used land-use based water demand projections developed for the City’s 2021 Water Master Plan Update. Water demand projections were based on the anticipated growth within the COSMUD water service area as defined by Envision Stockton 2040 General Plan; the Annexation Project, which is consistent with the 2040 General Plan, is included in these projections. Projected water demands for 2045 are assumed to be the same as projected water demands in 2040, since the implementation of future planned developments beyond 2040 is not defined in the Envision Stockton 2040 General Plan.

The Project is anticipated to be served from the COSMUD’s existing and future portfolio of water supplies. The water supply for the Project would have the same water supply reliability and water quality as the water supply available to existing and future COSMUD water customers. The Project Applicant would provide their proportionate share of required funding to COSMUD for the acquisition and delivery of treated potable water supplies to the Project site.

EXHIBIT 1
1384

ANNEXATION PLAN
32 City of Stockton – LeBaron Ranch Project
Table 3 summarizes the projected availability of COSMUD’s existing and planned future potable water supplies compared with projected water demands in normal, single dry and multiple dry years through buildout. As stated above, the Project’s water demands were included in future water demand projections presented in the 2020 UWMP and in Table 3. As can be seen on Table 3, there is no projected supply deficit under the projected hydrologic conditions through 2040.

As identified above, the Annexation Project would not result in insufficient water supply availability to serve the Project from existing entitlements and resources.

5. FAIR SHARE HOUSING NEEDS
The extent to which the proposal would affect the City in achieving its respective fair share of regional housing needs, as determined by the SJCOG consistent with Article 10.6 (commencing with Section 65580) of Chapter 3, Division 1 of Title 7 is provided below.

The annexation area is currently under San Joaquin County jurisdiction and is not subject to the City of Stockton's Housing Element. The San Joaquin County General Plan currently designates the annexation area for Low Density (R/L), High Density (R/H), and Office Commercial (C/O). The annexation area is within the City's SOI (10-year planning horizon) and is planned in the City of Stockton General Plan for Low Density Residential (maximum density is 6.1 dwelling units per acre [du/ac] based on gross acreage and 8.7 units per acre based on net acreage), Medium Density Residential (6.2 to 13.1 units per gross acre based on gross acreage or 8.8 to 17.4 units per acre based on net acreage), High Density Residential (13.2 to 24 units per acre based on net acreage or

17.5 to 30 units per acre based on net acreage), Institutional, and Parks and Recreation. Additionally, the San Joaquin County Zoning Ordinance currently designates the annexation area for AU-20 (Agriculture-Urban Reserve, 20 Acres).

The Project would develop approximately 1,411 units at full build out (assuming that the school site is developed with single-family residential units). The Annexation Project will provide a variety of housing types and lot sizes. The Development Area would have 1,217 single-family residential units with lot sizes that would range from 3,375 to 6,000 square feet. Additionally, the Development Area would include 194 high density residential units on 9.5 acres to the west of the proposed singlefamily residential area, for a total residential unit count of 1,411 units. It is expected that the units built as part of the LeBaron Ranch Project will be developed at market rate and would therefore be included within the above moderate and/or moderate income categories (as defined by RHNA).

Table 5 shows the City's remaining RHNA allocation based on income category and the need which has already been satisfied during the Housing Element period (i.e., January 1, 2023, to December 31, 2031) by already built and approved units. To ensure that the City has sufficient capacity to accommodate the RHNA allocation throughout the planning period, HCD recommends in its “Housing Element Site Inventory Guidebook” (Government Code Section 65583.2) that the City create a buffer in the sites inventory of 15 to 30 percent more capacity than required, especially for capacity to accommodate the lower-income RHNA allocation. As shown in Table 5, the City has taken this approach and assumed a 30 percent buffer across all income categories.

EXHIBIT 1
1385

ANNEXATION PLAN
City of Stockton – LeBaron Ranch Project 33
TABLE 5 – UNIT NEEDS BASED ON BUILT AND APPROVED UNITS (JAN. 1, 2023 – DEC. 31, 2031)

INCOME CATEGORY RHNA
RHNA
WITH
30%

CUSHION

PIPELINE PROJECTS
VACANT
SITES
TOTAL

CAPACITY

SURPLUS
UNITS

SURPLUS
OF
RHNA
WITH
30%

CUSHION
Extremely Low 1,232 1,602 131 1,543 1,674 442 72
Very Low 1,233 1,603 186 1,544 1,730 497 127
Low 1,548 2,012 77 1,544 1,729 181 (283)
Moderate 2,572 3,344 353 3,112 3,519 947 175
Above Moderate 6,088 7,914 13,641 124 13,783 7,695 5,869 Total 12,673 16,475 14,388 7,867 22,435 9,762 5,960
SOURCE: CITY OF STOCKTON, 2023.

As shown in Table 5, the City has a surplus of sites available to meet its 2023-2031 RHNA allocation by income category. The current Stockton Housing Element, adopted by the City Council and reviewed and approved by HCD, has identified residential land inventory within the Land Use Element of the General Plan to meet the RHNA allocation for the current period.

EXHIBIT 1
1386
EXHIBIT 2
1387

REQUEST FOR ANNEXATION, GENERAL PLAN

AMENDMENT, PREZONING, CERTIFICATION OF

ENVIRONMENTAL IMPACT REPORT, FOR A
PROPOSED 1,411 UNIT RESIDENTIAL
DEVELOPMENT (LEBARON RANCH) AT 900 &
1300 EAST EIGHT MILE ROAD & 10550 & 10600

NORTH LOWER SACRAMENTO ROAD (APNS
084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -
27; -28; 084-030-04) (P22-0139)
Agenda Item 15.1
City Council Meeting
November 18, 2025
1388
Project Location & Aerial Photo
Eight Mile Road
Marlette Road
1389
General Plan Land Use
Low Density Residential
Medium
Density
Residential
Commercial
Parks & Open
Space
Institutional
High
Density
Residential
1390
Zoning Map
Eight Mile Road
Marlette Road
1391
Project Description
• 236.30-acre subdivision comprised of:
– 1,411 lots
• 194 High-Density Units
• 1,217 Low and Medium Density Units
– Common area lots (park, open space, etc.)
– Future LUSD School Site
• New Road Connections
– Internal street network connecting to existing streets at: Lower Sacramento Road, Marlette Road and West Lane.
• Parks & Open Space
– Approximately 28.23 AC of parks and open space areas
1392
Lot Distribution
1393
Project Entitlements
PC Approval 6/26/25
CEQA Determination
Recommendation
Vesting Tentative Map
Planned Development
Permit
Waiver
Recommendation for
GPA & Prezoning
City Council
CEQA Determination
Adoption
General Plan Amendment
Prezoning of Site
Approval of a City Services
Plan
Filing of Annexation
Application to LAFCo
LAFCo
LAFCo Hearing
CEQA Determination
Site Annexation into City of
Stockton
1394
Open Space Areas
1395
Prezoning of Site
• Proposal Prezoning is for Residential, Low, Medium and High Density (RL, RM, RH) and Public Facilities (PF)
Project Site has No Zoning
• Proposes Low, Medium, and High Density Residential,
Open Space and Institutional
• Proposed Prezoning is Consistent with GPA
General Plan Amendments (GPA)
• With the PC’s approval recommendation, City Council can consider Prezoning approval, and the LAFCo application
can be submitted for annexation into the City
6/26/25 PC Approval Recommendation to City Council
1396
• An Environmental Impact Report (EIR) was prepared to
identify potential environmental effects (SCH
#2023070657)
• A scoping and neighborhood meeting was held. Eight (8) comment letters were received during that process.
• The Draft EIR had six (6) comment letters received, one of which was rescinded.
• Comment letters were evaluated, incorporated, and
responded to in the Final EIR.
• The Final EIR includes a Mitigation and Monitoring
Reporting Program, and a Statement of Overriding
Considerations (SOC).

Environmental Review
1397
• The Draft EIR indicated the project would result in 4 Significant and Unavoidable Impacts (SUI).
• Aesthetics & Visual Resources; Agricultural
Resources; Air Quality; and Transportation &
Circulation
• A Statement of Overriding Considerations (SOC) for
these impacts must be approved for consideration of
the Project.

Statement of Overriding Considerations
1398
Staff Recommendation
Staff recommends the City Council adopt:

1. A Resolution to certify the Environmental Impact Report (SCH #2023070657), including a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program;

1. A Resolution to approve a General Plan Land Use Map Amendment to adjust the Land Uses for 12 Assessor Parcel Numbers, including 084-050-01; -02; -03; -06; - 07; -08; -14; -25; -26; -27; -28; and 084-030-04, to a mix of Low Density Residential, Medium Density Residential, High Density Residential, Institutional, and Public Facilities land uses;

1. A Resolution to approve an ordinance for the Prezoning of APNs 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04 to include a combination of Residential, Low (RL), Residential, Medium (RM), and Residential, High (RH) Density as well as Public Facilities (PF) zoning; and

1. A Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission (LAFCo).
1399
City of Stockton
Legislation Text
File #: 25-1240, Version: 1
ADOPTION OF AN ORDINANCE ESTABLISHING TITLE 9, CHAPTER 9.18, OF THE STOCKTON

MUNICIPAL CODE REGULATING USE OF FACIAL COVERINGS

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance establishing Title 9, Chapter 9.18 of the Stockton Municipal Code regulating the use of facial coverings.

2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance adopted by Council.

Summary
On June 16, 2025, the Legislation and Environmental Committee reviewed and considered a proposed ordinance regulating the use of facial coverings in public or private spaces (Attachment A).

By Motion 2025-06-16-0303 the Committee forwarded a recommendation to the full City Council for the adoption of the ordinance, following review and collaboration from the Police Department.

Following review, the Police Department expressed concerns regarding the enforcement of the ordinance. Accordingly, Chair Enriquez and Vice Mayor Lee directed staff to bring the item back to the Committee for review of the Philadelphia face covering regulations and consideration of potential changes to the proposed ordinance.

On October 20, 2025, the Committee reviewed and considered potential changes to the proposed ordinance (Attachment B). By Motion 2025-10-20-0301 the Committee voted to forward both versions of the ordinance to the full City Council for review and consideration.

DISCUSSION
Background
Currently, the Stockton Municipal Code does not address the use of face coverings. On June 16, 2025, the Legislation and Environmental Committee reviewed and considered a proposed ordinance regulating the use of facial covering in public or private spaces. By Motion 2025-06-16-0303 the Committee forwarded a recommendation to the full City Council for the adoption of the ordinance, following review and collaboration from the Police Department.

City of Stockton Page 1 of 3 Printed on 11/13/2025
powered by Legistar™1400
File #: 25-1240, Version: 1
On October 20, 2025, the Committee reviewed and considered potential changes to the proposed ordinance. By Motion 2025-10-20-0301 the Committee voted to forward both versions of the ordinance to the full City Council for review and Consideration.

Present Situation
Following review of the June 16, 2025, proposed ordinance, the Police Department expressed concerns regarding the enforcement of the ordinance. Accordingly, staff updated the ordinance with potential changes as reflected in Attachment B and described in more detail below:

Crime Statistics
First, the Stockton Police Department reviewed robbery data over the past two and a half years to assess the prevalence of suspects using face coverings during the commission of these crimes. The analysis provides insight into how frequently face coverings are involved. This information is reflected in Attachment C and has been broken down below.
· 2023: 31% of all robberies involved a face covering
· 2024: 26% of all robberies involved a face covering
· 2025 (January-June): 28% of all robberies involved a face covering · 2023 through June 2025 (combined): 28% of all robberies involved a face covering This data demonstrates a consistent pattern, with roughly one in four robberies involving the use of a face covering. Accordingly, staff revised the proposed ordinance in Section I, Findings and Intent, and Section 9.18.010, to remove the reference to an observed “increase” in criminal activity. As reflected in the statistics provided, the City has observed criminal activity involving face coverings but has not observed an increase in such activity.

Philadelphia Ordinance
Several cities throughout the United States have implemented regulations limiting or prohibiting the use of face coverings. One notable example is Philadelphia, which introduced Code section 10-616, Concealed Identities, in 2000 and expanded and clarified the code in 2024 (Attachment D).

In reviewing the current Philadelphia Code, staff observed two primary differences between its code and the code considered by the Committee in June: (1) Philadelphia has a monetary fine for violations; and (2) subsection four of the Philadelphia Code identifies specific areas where masks are prohibited. Staff believe that both provisions will help clarify the code and so allow for safer enforcement of the code. Therefore, staff updated the ordinance to introduce these provisions.

Monetary Fine
In addition to a criminal misdemeanor violation, Section 9.18.050 was amended to add an administrative penalty in the amount of $1,000. Additionally, the section references and incorporates appeal provisions under Chapter 1.44 of the SMC for consistency with the City’s standard procedures for administrative fines. Either criminal or administrative enforcement is permissible under the revised code.

City of Stockton Page 2 of 3 Printed on 11/13/2025
powered by Legistar™1401
File #: 25-1240, Version: 1
Specific Locations
Section 9.18.030 was amended to clarify specific locations where masks are prohibited. Specifically, staff added the same locations identified in the Philadelphia code as follows:
“any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways” Given these location restrictions, 9.18.020 was also revised to remove the definitions of “Public Space” and “Private Space” as these terms are no longer necessary.

Additionally, in order to ensure that the City does not run afoul of any right of protected speech, the section maintains the language regarding the mask wearer’s intent to provoke a reasonable apprehension of intimidation, threats, or violence. The title of the ordinance was also updated to better reflect the proposed restrictions.

Next Steps
Consistent with the Committee recommendation, the City Council is asked to review the proposed ordinance reflected in Attachment A and the revisions incorporated into Attachment B. The City Council is further asked to consider the adoption of an ordinance and direct staff regarding which, if any, revisions it would like incorporated into the proposed ordinance.

FINANCIAL SUMMARY
The adoption of this ordinance will have no financial impact.

Attachment A - June 16, 2025, Around the Bench Memo
Attachment B - Redline Ordinance
Attachment C - Crime Statistics Related Masked Robberies Attachment D - Philadelphia Code section 10-616, Concealed Identities City of Stockton Page 3 of 3 Printed on 11/13/2025
powered by Legistar™1402

MEMORANDUM
June 16, 2025
TO: Council Legislation/Environmental Committee Members FROM: Florence Low, AssiStant to the City Manager
SUBJECT: PROPOSED ORDINANCE FOR AGENDA ITEM 3.3 - DISCUSSION ON A

FACE COVERING ORDINANCE
Attached is the Proposed Ordinance for Agenda Item 3.3 - Discussion on a Face Covering Ordinance, which was not a ilable at the time of posting.

FLORENCE LOW

ASSISTANT TO THE CITY MANAGER
Emc: City Manager
City Attorney
City Clerk

ATTACHMENT A
1403
ORDINANCE NO.

AN ORDINANCE REGULATING THE USE OF FACIAL COVERINGS IN PUBLIC SPACES

WHILE ENGAGED IN CRIMINAL ACTMTY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

The City of Stockton has observed an increase in criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity. Such face coverings hinder law enforcement investigations, pose a public safety risk, and contribute to a heightened sense of fear, intimidation, and insecurity among residents, businesses, and schools in the community. Therefore, the City Council recognizes the need to create an ordinance prohibiting the unlawful use of facial coverings in public spaces while balancing public safety with individual rights and ensuring reasonable exceptions for lawful use of face coverings.

SECTION It. AMENDMENT OF CODE.

Title 9, Chapter 9.18, titled, "PROHIBITED USE OF FACIAL COVERINGS IN PUBLIC OR PRIVATE SPACES" is added to the Stockton Municipal Code and shall read as follows:

9.18.010 Purpose.

The City of Stockton has observed an increase in criminal activity involving individuals with Facecovering ski masks and other face coverings intended to conceal their identity, which has hindered law enforcement efforts and created a heightened sense of fear and insecurity in the community. This ordinance is enacted to protect public safety, promote accountability, and ensure the general welfare of Stockton's residents and visitors.

9.18.020 Definitions.

A. "Face-Covering Ski Mask" means any close-fitting garment that covers the head and face, with openings for the eyes, nose, or mouth, or any combination thereof, commonly referred to as ski masks, balaclavas, or similar facial coverings.

B. "Public Space" means any location accessible to the general pubiic, including but not limited to streets, sidewalks, parks, shopping centers, schools, recreational facilities, transit stations, and public transportation.

C. "Private Space" means any private property that is open to the public, including businesses, retail stores, restaurants, offices, parking lots, and any private property where the owner or occupant has not granted express permission for face coverings.

9.18.030 Prohibition on Use of Face Coverings in Public Spaces.

It shall be unlawful for any person to wear a face-covering ski mask in any public or private space within the city limits of Stockton with an intent to conceal their identity where the

ATTACHMENT A
1404
individual knows or reasonably should know that the mask-wearing conduct provokes a reasonable apprehension of intimidation, threats, or violence.

9.18.040 Exceptions.

The prohibitions of this chapter shall not apply to:

A. Religious Garments - Individuals wearing face coverings for religious observance.

B. Medical Necessity - Persons required to wear facial coverings for medical, health, or disability-related reasons, including protection against airborne diseases.

C. Occupational Safety - Employees required to wear masks for workplace safety as part of their uniform or protective gear.

D. Theatrical and Sporting Events - Participants in theatrical productions, official sporting events, or designated winter sports activities.

E. Traditional Holiday Costumes - Costumes worn exciusively for recognized holidays or cultural celebrations.

F. Law Enforcement and Emergency Personnel - Police officers, firefighters, and emergency personnel acting in the scope of their official duties.

9. 18.050 Violations.

Violations of this chapter shall be punishable as misdemeanors as provided in Section 1.08.010 of this code.

9.18.060 Enforcement.

A. Law Enforcement Authority - The Stockton Police Department shall have the authority to issue citations and enforce the provisions of this ordinance.

B. Confiscation - Law enforcement officers may confiscate face-covering ski masks worn in violation of this ordinance.

C. Business and Property Compliance - Business owners and property managers shal! have the authority to deny entry or remove individuals violating this ordinance from their premises.

SECTION Ill. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any other part, thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections

ATTACHMENT A
1405
subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective.

SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty (30) days affer its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

ATTACHMENT A
1406

ATTACHMENT B
ORDINANCE NO. ________________

AN ORDINANCE REGULATING THE USE OF FACIAL COVERINGS IN PUBLIC

SPACES WHICHLE PROVOKE APPREHENSION OF INTIMIDATION, THREATS, OR

VIOLENCEENGAGED IN CRIMINAL ACTIVITY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

The City of Stockton has observed an increase in criminal activity involving individuals with face-covering ski masks and other face coverings intended to conceal their identity.

Such face coverings hinder law enforcement investigations, pose a public safety risk, and contribute to a heightened sense of fear, intimidation, and insecurity among residents, businesses, and schools in the community. Therefore, the City Council recognizes the need to create an ordinance prohibiting the unlawful use of facial coverings in public spaces while balancing public safety with individual rights and ensuring reasonable exceptions for lawful use of face coverings.

SECTION II. AMENDMENT OF CODE.

Title 9, Chapter 9.18, titled, “PROHIBITED USE OF FACIAL COVERINGS IN PUBLIC OR PRIVATE SPACES” is added to the Stockton Municipal Code and shall read as follows:

9.18.010 Purpose.

The City of Stockton has observed an increase in criminal activity involving individuals with face-covering ski masks and other face coverings intended to conceal their identity, which has hindered law enforcement efforts and created a heightened sense of fear and insecurity in the community. This ordinance is enacted to protect public safety, promote accountability, and ensure the general welfare of Stockton’s residents and visitors.

9.18.020 Definitions.

A. “Face-Covering Ski Mask” means any close-fitting garment that covers the head and face, with openings for the eyes, nose, or mouth, or any combination thereof, commonly referred to as ski masks, balaclavas, or similar facial coverings.

B. “Public Space” means any location accessible to the general public, including but not limited to streets, sidewalks, parks, shopping centers, schools, recreational facilities, transit stations, and public transportation.
1407

ATTACHMENT B
C. “Private Space” means any private property that is open to the public, including businesses, retail stores, restaurants, offices, parking lots, and any private property where the owner or occupant has not granted express permission for face coverings.

9.18.030 Prohibition on Use of Face Coverings in Public Spaces.

It shall be unlawful for any person to wear a face-covering ski mask in any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways any public or private space within the city limits of Stockton with an intent to conceal their identity where the individual knows or reasonably should know that the mask-wearing conduct provokes a reasonable apprehension of intimidation, threats, or violence.

9.18.040 Exceptions.

The prohibitions of this chapter shall not apply to:

A. Religious Garments – Individuals wearing face coverings for religious observance.

B. Medical Necessity – Persons required to wear facial coverings for medical, health, or disability-related reasons, including protection against airborne diseases.

C. Occupational Safety – Employees required to wear masks for workplace safety as part of their uniform or protective gear.

D. Theatrical and Sporting Events – Participants in theatrical productions, official sporting events, or designated winter sports activities.

E. Traditional Holiday Costumes – Costumes worn exclusively for recognized holidays or cultural celebrations.

F. Law Enforcement and Emergency Personnel – Police officers, firefighters, and emergency personnel acting in the scope of their official duties.

9.18.050 Violations.

A. In addition to any other remedy allowed by law, any person who violates any provision of this Chapter Violations of this chapter shall be punishable asis guilty of a misdemeanors and subject to criminal sanctions as provided in ChapterSection 1.08.010 of this code.

B. Any person who violates any provision of this Chapter is subject to an administrative penalty in an amount of $1,000.00.
1408

ATTACHMENT B
C. A person charged with an administrative penalty under this chapter may, within 10 calendar days of the date of the notice, appeal in accordance with Chapter 1.44 of this code. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or appeal of the violation.

9.18.060 Enforcement.

A. Law Enforcement Authority – The Stockton Police Department shall have the authority to issue citations and enforce the provisions of this ordinance.

B. Confiscation – Law enforcement officers may confiscate face-covering ski masks worn in violation of this ordinance.

C. Business and Property Compliance – Business owners and property managers shall have the authority to deny entry or remove individuals violating this ordinance from their premises.

SECTION III. SEVERABILITY.

SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1409
Face Covering Robberies
January 1, 2023 - June 30, 2025
Jan-Jun YoY Change
2024 v 2023 -15%
2025 v 2024 -29%
Data Source: Crystal Report: ARS-Narrative Detail Search. Query Filter: 211 | Original Reports. Date Range: 1/1/2023 – 6/30/2025. Narrative Filter: Mask

ATTACHMENT C
1410
§ 10-613. Concealed Identities. 164
(1) No person shall, with the specific intent to intimidate or threaten another person, or with the specific intent to hide one’s identity during the commission of unlawful activity, wear a mask, hood, ski mask, balaclava, or other device or means of hiding, concealing, or covering any portion of the face for the purpose of concealing their identity on public property or private property in this City without the express written permission of the owner or occupier of the property.
(2) This Section shall not be construed to punish constitutionally protected speech. (3) A person who violates subsection (1) of this Section shall be subject to a fine not less than two thousand dollars ($2,000).
(4) No person shall wear a ski mask or balaclava in any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways. For purposes of this Section, a “ski mask or balaclava” means a close-fitting garment covering the whole head and face, with holes for the eyes, mouth, or nose, or any combination of the three. (5) The provisions of subsection 10-613(4) shall not be construed to apply to any person who wears a ski mask or balaclava while:
(a) Wearing a traditional holiday costume;
(b) Worn for a religious purpose;
(c) Engaged in a trade or employment where they are worn for the purpose of ensuring the physical safety of the wearer;
(d) In a theatrical production;
(e) Protecting the wearer from the elements while participating in a winter sport; or (f) Lawfully engaged in First Amendment activities.
(6) Any person who wears a ski mask or balaclava in violation of subsection (4) of this Section, where such violation is not otherwise covered by subsection (1) of this Section, shall be fined two hundred fifty dollars ($250).
(7) If a court of competent jurisdiction declares any part of this Section to be invalid, such judgment shall not affect the validity of this Section as a whole or any remaining part thereof. It is the intention of City Council that the remaining provisions of this Section would have been adopted as if such part found to be invalid had not been enacted.

Notes
164 Added, Bill No. 000164 (approved July 27, 2000). Enrolled bill numbered this as Section 10-612; renumbered by Code editor. Amended, Bill No. 230510 (became law December 14, 2023). 4/12/25, 11:00 AM export.amlegal.com/api/export-requests/35186ee8-6eed-4988-98a0-c809d67fc431/download/ https://export.amlegal.com/api/export-requests/35186ee8-6eed-4988-98a0-c809d67fc431/download/ 1/1

ATTACHMENT D
1411
ORDINANCE NO. ________________

AN ORDINANCE REGULATING THE USE OF FACIAL COVERINGS WHICH

PROVOKE APPREHENSION OF INTIMIDATION, THREATS, OR VIOLENCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

The City of Stockton has observed criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity. Such face coverings hinder law enforcement investigations, pose a public safety risk, and contribute to a heightened sense of fear, intimidation, and insecurity among residents, businesses, and schools in the community. Therefore, the City Council recognizes the need to create an ordinance prohibiting the unlawful use of facial coverings in public spaces while balancing public safety with individual rights and ensuring reasonable exceptions for lawful use of face coverings.

SECTION II. AMENDMENT OF CODE.

Title 9, Chapter 9.18, titled, “PROHIBITED USE OF FACIAL COVERINGS IN PUBLIC OR PRIVATE SPACES” is added to the Stockton Municipal Code and shall read as follows:

9.18.010 Purpose.

The City of Stockton has observed criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity, which has hindered law enforcement efforts and created a heightened sense of fear and insecurity in the community. This ordinance is enacted to protect public safety, promote accountability, and ensure the general welfare of Stockton’s residents and visitors.

9.18.020 Definitions.
“Face-Covering Ski Mask” means any close-fitting garment that covers the head and face, with openings for the eyes, nose, or mouth, or any combination thereof, commonly referred to as ski masks, balaclavas, or similar facial coverings.

9.18.030 Prohibition on Use of Face Coverings in Public Spaces.

It shall be unlawful for any person to wear a face-covering ski mask in any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways within the city limits of Stockton with an intent to conceal their identity where the individual 1412
knows or reasonably should know that the mask-wearing conduct provokes a reasonable apprehension of intimidation, threats, or violence.

9.18.040 Exceptions.

The prohibitions of this chapter shall not apply to:

A. Religious Garments – Individuals wearing face coverings for religious observance.

B. Medical Necessity – Persons required to wear facial coverings for medical, health, or disability-related reasons, including protection against airborne diseases.

C. Occupational Safety – Employees required to wear masks for workplace safety as part of their uniform or protective gear.

D. Theatrical and Sporting Events – Participants in theatrical productions, official sporting events, or designated winter sports activities.

E. Traditional Holiday Costumes – Costumes worn exclusively for recognized holidays or cultural celebrations.

F. Law Enforcement and Emergency Personnel – Police officers, firefighters, and emergency personnel acting in the scope of their official duties.

9.18.050 Violations.

A. In addition to any other remedy allowed by law, any person who violates any provision of this Chapter is guilty of a misdemeanor and subject to criminal sanctions as provided in Chapter 1.08 of this code.

B. Any person who violates any provision of this Chapter is subject to an administrative penalty in an amount of $1,000.00.

C. A person charged with an administrative penalty under this chapter may, within 10 calendar days of the date of the notice, appeal in accordance with Chapter 1.44 of this code. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or appeal of the violation.

9.18.060 Enforcement.

A. Law Enforcement Authority – The Stockton Police Department shall have the authority to issue citations and enforce the provisions of this ordinance. 1413
B. Confiscation – Law enforcement officers may confiscate face-covering ski masks worn in violation of this ordinance.

C. Business and Property Compliance – Business owners and property managers shall have the authority to deny entry or remove individuals violating this ordinance from their premises.

SECTION III. SEVERABILITY.

SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1414

FACE COVERING

ORDINANCE
City Council Meeting
November 18, 2025
Agenda Item 16.1
1415
JUNE 16,
2025
1416
CRIME

STATISTICS
1417
“Findings and Intent” and “Purpose”
1418
Philadelphia Ordinance, § 10-616
• Included as Attachment D
•Two Primary Differences

1. Philadelphia has a monetary fine for violations; and

2. Subsection four of the Philadelphia identifies specific areas where masks are prohibited.
1419
Monetary Fine
1420
Specific Locations
1421
Recommendation
• Review the proposed ordinance reflected in Attachment A and the revisions incorporated into Attachment B.
• Consider the adoption of an ordinance and direct staff regarding which, if any, revisions it would like incorporated into the proposed ordinance.
1422
City of Stockton
Legislation Text
File #: 25-1122, Version: 1
ADOPT ORDINANCES AMENDING MULTIPLE SECTIONS OF CHAPTERS 15.32 AND 15.34 OF

THE STOCKTON MUNICIPAL CODE PERTAINING TO THE IMPLEMENTATION OF THE VACANT

COMMERCIAL PROPERTY AND VACANT LOT REGISTRATION PROGRAM, AND ADOPT A

RESOLUTION ALLOCATING NECESSARY FUNDS TO PAY FOR PROGRAM START-UP COSTS

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance amending the Stockton Municipal Code Section 15.32;

2. Adopt an ordinance amending the Stockton Municipal Code Section 15.34; and

3. Approve a resolution authorizing a budget amendment to appropriate $21,000 from the General Fund Contingency to the Police Department’s Neighborhood Services Division for program implementation.

It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
On July 29, 2025, the City Council adopted Ordinance No. 2025-07-29-1602 (Attachment A) and Resolution No. 2025-07-29-1602 (Attachment B) which collectively established the Vacant Commercial Property and Vacant Lot Registration program, including associated fees. During implementation discussions, the City Manager’s Office (CMO) determined that the registration program implementation and administration would be reassigned from the Police Department (PD) to the Community Development Department (CDD) and program enforcement would remain with PD.

Upon analysis, CDD has identified minor amendments to Sections 15.32 and 15.34 of the Stockton Municipal Code (SMC) that are appropriate and necessary for effective program implementation and ongoing management. Additionally, a one-time General Fund allocation is required to fund program start-up costs.

DISCUSSION
Background
On July 29, 2025, the City Council adopted Ordinance No. 2025-07-29-1602 and Resolution No. 2025-07-29-1602 which collectively established the Vacant Commercial Property and Vacant Lot Registration program and associated fees.

City of Stockton Page 1 of 3 Printed on 11/13/2025
powered by Legistar™1423
File #: 25-1122, Version: 1
After the ordinance adoption by Council, CDD was tasked by the CMO to implement and manage the registration program. After initial analysis, CDD identified tasks necessary for program implementation and met with a cross-departmental team consisting of the CMO, PD, Fire, City Attorney’s Office (CAO) and the Administrative Services Department (ASD).

Tasks identified include proposed amendments to SMC 15.32 and 15.34, acquisition and configuration of software for property identification and registration program management, and development of program administrative guidelines.

The proposed SMC amendments and budget request were presented to the Council Legislation/Environmental Committee at the October 20, 2025, meeting, where direction was provided to bring said proposals forward for full Council consideration.

Present Situation
CDD conducted a detailed review of SMC Sections 15.32 and 15.34, and recommends the following text amendments for effective program implementation:
· 15.32 MAINTENANCE, SECURITY AND REHABILITATION OF ABANDONED AND VACANT PROPERTY - Several amendments recommended to align this section of the SMC with Section 15.34 (See Attachment C - Redline Version)
· 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT REGISTRATION Proposed amendments are summarized below (see Attachment D - Redline Version) o Update the definition of “Vacant commercial building” such that:
§ A building must be vacant for 180 days prior to being considered vacant, vs. the 30 days as originally adopted. The originally adopted ordinance contained a typo that this update is intended to rectify.
§ Remove the registration exemption for buildings conforming to SMC 15.32. As written, the SMC would not require registration for vacant buildings so long as they conform to the maintenance standards outlined in SMC 15.32. The proposed change will require those buildings to register. o Update definition of “Vacant lot” to:
§ Exclude lots zoned for public and semi-public purposes, including the Port zoning designation. The Code as written does not exclude City-owned parcels including parks, right-of-way, Railroad right-of-way properties, etc., school or school district owned properties, or undevelopable properties such as lakes and rivers. As proposed, zoning districts (see Attachment E - Zoning Districts Defined) subject to registration requirements will be all residential, commercial, mixed use, and industrially zoned parcels with the exception of the Port Zoning district. Zoning designations excluded from registration requirements would include PT (Port), PF (Public Facilities), OS (Open Space), and UC City of Stockton Page 2 of 3 Printed on 11/13/2025
powered by Legistar™1424
File #: 25-1122, Version: 1
(University/College).
§ Remove the registration exemption for lots conforming to SMC 15.32. As written, the SMC would not require registration for vacant lots so long as they conform to the maintenance standards outlined in SMC 15.32. The proposed change will require those lots to register.
o Add provision allowing staff, with City Manager approval, to establish Administrative Guidelines for program administration to handle practical details that arise during and after program roll-out, without having to return to Council for approval of administrative details via code amendments. A copy of said Guidelines will be provided to the City Council once developed.

To identify likely vacant commercial buildings and vacant lots, and for registration program management, CDD plans to utilize the Tolemi software platform. Tolemi’s software is already utilized by PD to manage the Residential Rental Inspection Program. The Neighborhood Services Section (NSS) of the PD has initiated a change order with Tolemi, to acquire and implement its “Slate” software module for management of the Vacant Property Registration Program. Because Tolemi’s software is built specifically for these types of registration programs, it represents the most efficient use of resources to manage the Vacant Commercial Property and Vacant Lot Registration Program

FINANCIAL SUMMARY
The purchase of Tolemi’s “Slate” software module for management of the registration program requires up-front payment for the annual license of $13,000. An additional $8,000 is projected to pay for the required mailers for the first year of the program. Funding to support the necessary program start-up costs will include a one-time appropriation of $21,000 from the General Fund Contingency to the Police Department’s Neighborhood Services Division.

Once the program is rolled out, revenue from the established registration fees is projected to cover ongoing administrative costs. This projection is based on an initial preliminary estimate of 1,400 properties with a participation rate of 30%, equating to 420 registered properties paying the fee rate of $826.17. These initial estimates equate to an anticipated annual revenue of $347, 991. Actual property counts and revenues will not be known until after program implementation.

CDD will charge its portion of program management costs to NSS for management of the registration portion of the program. NSS will utilize the rest of the program revenue for related enforcement activities and for the annual software and mailing costs.

Attachment A - Approved 15.34 Vacant Property Reg. Ordinance 2025-07-29-1602 Attachment B - Resolution No. 2025-07-29-1602
Attachment C - Proposed 15.32 Maintenance of Vacant Property - Redline Version Attachment D - Proposed 15.34 Vacant Property Registration - Redline Version Attachment E - Zoning Districts Defined (SMC 16.16.020) City of Stockton Page 3 of 3 Printed on 11/13/2025
powered by Legistar™1425
ORDINANCE NO. 2025-07-29-1602
AN ORDINANCE ADDING TITLE 15, CHAPTER 15.34, TO THE STOCKTON MUNICIPAL

CODE, RELATED TO COMMERCIAL PROPERTY VACANCY AND VACANT LOT

REGISTRATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

Vacant commercial buildings and vacant lots are a major cause and source of blight, especially when the owner fails to actively maintain and manage the building or property. Vacant lots, and buildings, whether boarded, substandard, unkempt, or long-term vacant discourage economic development, hinder the appreciation of property values, and have a detrimental impact on the economic viability of both commercial and residential areas. Vacant commercial buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. The lack of maintenance of vacant lots creates fire hazards, invites squatting and illegal dumping, and negatively impacts the value of surrounding properties.

One (1) vacant commercial building or vacant lot that is not actively well maintained and managed can be the core and cause of spreading blight. A long-term vacant building or vacant lot, even in the absence of code violations, is detrimental to the health, safety, and welfare of the community and contrary to the intended property use. Vacant commercial buildings and lots require more frequent monitoring by code enforcement, police, and Building Department staff. This is a disproportionate use of resources that diverts staff time and resources away from addressing other issues in the community and results in a greater cost to the City. These costs should be borne by the property owner and not the community at large.

The purpose of the vacant commercial building and vacant lot registration and monitoring program is to discourage property owners from allowing buildings and lots to remain vacant, ensure they are properly secured and maintained, help prevent the buildings and lots from becoming a burden to the residents and taxpayers of the City and provide the basis for returning the properties to their intended use.

The provisions of this section are to be supplementary and complementary to all the provisions of the City Code, State and Federal law, and any other statutes or regulations, and nothing in this section shall be read, interpreted, or construed in any manner so as to limit any existing right or power of the City to abate or prosecute any and all violations and nuisances.

SECTION II. AMENDMENT OF CODE.

Title 15, Chapter 15.34 is hereby added to the Stockton Municipal Code as follows:

Chapter 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT REGISTRATION

15.34.010 Title.

This ordinance codified in this chapter shall be known as "Vacant Commercial Property and Vacant

ATTACHMENT A
1426

ATTACHMENT A
1427

ATTACHMENT A
1428

ATTACHMENT A
1429

ATTACHMENT A
1430

ATTACHMENT B
1431
EXHIBIT 1
FY 2025-26 Proposed New Fees

POLICE DEPARTMENT
Neighborhood Services Section
Description Reason Proposed Amount
Vacant Commercial Building and Vacant lot Registration Fees SMC15.34 Registration Fees for Vacant Commercial Buildings and Vacant Lots Vacant Commercial Buildings
Annual Fee
Vacant Lots
Annual Fee
$ 826
$ 826

ATTACHMENT B
1432

ATTACHMENT C
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 15, CHAPTER 15.32, TO THE STOCKTON

MUNICIPAL CODE, RELATED TO MAINTENANCE, SECURITY AND

REHABILITATION OF ABANDONED AND VACANT PROPERTY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

Vacant buildings and properties are a major cause and source of blight, especially when the owner fails to actively maintain and manage the property. Vacant buildings, whether boarded, substandard, unkempt, or long-term vacant discourage economic development, hinder the appreciation of property values, and have a detrimental impact on the economic viability of commercial areas. Vacant buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods.

One (1) vacant building that is not actively and well maintained and managed can be the core and cause of spreading blight. A long-term vacant building, even in the absence of code violations, is detrimental to the health, safety, and welfare of the community and contrary to the intended property use. Vacant buildings require more frequent monitoring by code enforcement, police, fire, and Building Department staff. This is a disproportionate use of resources that diverts staff time and resources away from addressing other issues in the community and results in a greater cost to the City. These costs should be borne by the property owner and not the community at large.

The purpose of these code amendments is to discourage property owners from allowing buildings to remain vacant, ensure they are properly secured and maintained, help prevent the buildings from becoming a burden to the residents and taxpayers of the City and provide the basis for returning the properties to their intended use.

SECTION II. AMENDMENT OF CODE.
1433

ATTACHMENT C
The following sections of Title 15, Chapter 15.32 of the Stockton Municipal Code are hereby amended as follows:

15.32.010 Findings—Declaration of purpose.

Vacant buildings often attract transients and criminals, including drug users and prostitutes. Use of vacant, unsecured buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the building and adjacent properties and presents a dangerous attractive nuisance to children. Vacant properties are often used as dumping grounds for drug paraphernalia, furniture, tires, garbage, junk and debris, and are frequently overgrown with weeds and vegetation. In addition, the presence of vacant buildings that are simply boarded up for long periods of time to prevent entry by transients or vandals very often discourages economic development and encourages graffiti, disrupting neighborhood stability, retarding appreciation of property values, and promoting blight conditions. As a result, neighboring property owners and occupants are denied full use and enjoyment of their property.

B. The City currently expends vast resources monitoring and responding to the numerous health, welfare, safety, and economic problems caused by neglected, vacant properties. Because there is already a significant cost to the City for monitoring these properties, as well as a substantial toll on the citizens who are affected by the nuisance conditions created, the City Council finds there is an urgent need to implement a process by which these buildings are monitored and the costs borne by the owners of these properties, rather than the community. (Prior code § 14-520; Ord. 009-08 C.S. § 2)

15.32.020 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated below.
“Abandoned” means any residential property in the City that is vacant or shows evidence of vacancy and:

1. Is under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale; and/or
1434

ATTACHMENT C

2. Was the subject of a foreclosure sale where the title was retained by the beneficiary or trustee of a deed of trust involved in the foreclosure who is the current owner of the property; and/or

3. Was transferred to the current owner under a deed in lieu of foreclosure or sale.
"Commercial building" means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for commercial purposes.

A "commercial building" also includes any structure, or any portion of a structure, located within the city and designed or intended for occupancy as a hotel or motel. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.
“Dangerous building” means any building or structure that is in violation of any condition referenced in Chapter 15.248, Abatement of Dangerous BuildingsProperty Maintenance Code.
“Default” means the failure to fulfill a contractual obligation, monetary or conditional.
“Evidence of vacancy” means any condition that on its own or combined with other conditions present leads any person authorized to enforce this code, in his or her reasonable discretion, or would lead any other reasonable person to believe that the property is vacant. Such conditions include, but are not limited to: overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers, and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents or government employees that the property is vacant.
“Out of area” means, in the case of a natural person, having a primary residence in excess of 100 miles from the subject property, and in the case of any other person, having a principal place of business in excess of 100 miles from the subject property. “Owner” means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. “Property” means any unimproved or improved real property, or portion thereof, situated in the City and includes the buildings or structures located on the property regardless of condition.
“Residential property” means any improved real property, or portion thereof, situated in the City, designed or permitted to be used for dwelling purposes, and shall 1435

ATTACHMENT C
include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or zoned for such use. “Securing” means such measures as may be directed by the director of planning or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repair or boarding of door, window and/or other openings.

Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
“Vacant” means any building or structure, except for commercial buildings, that is unoccupied or occupied by unauthorized persons whether or not it is secured or boarded.

In the context of commercial buildings, “vacant” means a commercial building where greater than fifty percent (50%) of the commercial units within the building have been unoccupied for more than 180 days.

15.32.030 Classification of nuisances.

The following acts and conditions, when performed or existing upon any lot or parcel within the City, are declared to be unlawful and are defined as and declared to be public nuisances per se that are injurious to the public health, safety, and welfare.

A. Buildings or structures that are under construction or rehabilitation and are not completed during the term of a valid building permit or building permit extension issued by the director of planningcity building official or his or her designee.

B. Unoccupied buildings or structures that have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements.

C. Buildings or structures for human use or occupancy that have been left vacant for more than 180 days, unless one of the following applies:

1. The building or structure is the subject of an active building permit for repair or rehabilitation, excluding standard maintenance and repairs, and the owner is progressing diligently to complete the repair or rehabilitation.

2. The owner or leaseholder has filed an application for required permits for the lawful use and occupancy of the building, where the application is still pending with the applicable review entity.

3. In the case of a structure or portion of a structure designed or intended as a hotel or motel the owner or operator is actively engaged in operating such premises as a hotel or motel. At a minimum, active engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Uniform Transient Occupancy Tax Ordinance of the City of Stockton with respect to such premises. At least 50% of units 1436

ATTACHMENT C
within a hotel or motel must be occupied during the preceding 180 days to fall within this exception.

4. The building or structure complies with all codes adopted by the City, does not otherwise constitute a public nuisance, is ready for use or occupancy and is actively being offered for sale, lease or rent.

35. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and secured pursuant to Sections 15.32.040 and 15.32.050 of this code.

D. Every owner, occupant or person having charge or control of a building, structure, or property is liable for violations of this chapter regardless of any contract or agreement with any third party.

15.32.040 Maintenance requirements.

Every owner, lessee, occupant, or person having charge or control of buildings, structures, or property within the City is required to maintain the building, structure or property subject to the following maintenance requirements.

A. Properties must be maintained in accordance with Chapter 15.24 Property Maintenance Code.

BA. Any condition causing the property to constitute a dangerous building shall be immediately remedied.

CB. Properties must be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by Federal, State or local law, discarded personal items including, but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

DC. The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

ED. Visible front and side yards shall be mowed, landscaped and otherwise to the satisfaction of the director of planning or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf or sod designed specifically for residential installation. Weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar materials are not acceptable landscaping. Maintenance of landscaping includes, but is not limited to, regular watering, 1437

ATTACHMENT C
irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.

FE. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris, or shall be drained and kept dry.

GF. The owner of any vacant building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the City, shall rehabilitate the boarded building for occupancy, in accord with all applicable codes and regulations, within 180 days after the building is boarded, except as provided in Section 15.32.030 of this code.

Adherence to this section does not relieve the property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners’ association rules and regulations which may apply to the property.

15.32.050 Security requirements.

Any property in the City classified as abandoned or vacant shall be subject to the following security requirements.

A. All windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s) shall be secured so as to prevent access by any unauthorized person. In the case of broken windows, securing means the re-glazing or boarding of the window.

B. Pools and spas shall be fenced or otherwise secured to prevent access or use by any unauthorized person.

C. The property shall be posted with name and 24-hour contact phone number of the trustee, beneficiary, owner, realtor, or a local property management company. The posting shall be no less than four (4eighteen (18) inches by six (6twenty-four (24) inches and shall be of a font that is legible from a public right of way and shall contain, along with the name and 24-hour contact number, the words “THIS PROPERTY MANAGED BY_______” and “TO REPORT PROBLEMS OR CONCERNS CALL ________.” The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather-resistant materials.

15.32.060 Inspection.

The ownerA. A city building official or their appointee may inspect or cause to be inspected any premises in the city for the purposes of enforcing and assuring 1438

ATTACHMENT C
compliance with the provisions of this chapter and safeguarding the health, safety, and welfare of the general public. Upon the request of the city building official or a designated appointee, an owner shall provide access to all interior portions of any vacant building and premises or suspected vacant building in order to permit a complete inspection.

B. The Stockton Fire Department Fire Chief or a designated appointee is authorized to enter and inspect, or cause to be inspected, all vacant commercial buildings and premises for the purpose of conducting a fire code compliance inspection.

C. The owner(s) or their local property manager shall inspect the abandoned or vacant property on a monthly basis, or more frequently if required by the director of planningcity building official or his or her designee, to ensure that the property is in compliance with the requirements of this chapter and any other applicable laws.

15.32.070 Additional requirements.

A. The owner shall comply with all applicable laws and codes, including zoning, historic preservation, housing, and building codes.

B. If the owner of a vacant property is a corporation, limited liability company or similar entity or is an "out-of-area" beneficiary, trustee, or owner, the owner shall contract with a property management company to ensure that the requirements of this chapter, and any other applicable laws, are being met.

C. The Chief of Police or his or her designee(s) shall have the authority to require the owner of any property subject to this chapter to implement additional maintenance and/or security measures including, but not limited to: securing any or all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property and prevent the maintenance of an attractive nuisance.
(Prior code § 14-526; Ord. 009-08 C.S. § 2)

15.32.080 Other enforcement.

Nothing in this chapter shall preclude the City from demolishing any building on the property or taking any other action authorized by this chapter, or other provisions of this code, or applicable law.
(Prior code § 14-527; Ord. 009-08 C.S. § 2)

15.32.090 Appeals.

Any person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Section 1.32.040.
(Prior code § 14-528; Ord. 009-08 C.S. § 2)
1439

ATTACHMENT C

15.32.100 Violation—Penalty.

A. A violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm, or corporation that violates any provision of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement, in accordance with the provisions of Title 1 or any other enforcement and legal remedies available to the City under the law.

B. All penalties assessed shall be payable directly to the city.

C. Any and all civil penalties assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the city to pursue any and all available legal remedies for the enforcement and collection of such penalties; including but not limited to, civil actions being filed in any court of competent jurisdiction, abatement of nuisances maintained in violation of this chapter, institution of injunction, mandamus, or other appropriate action or proceedings to enforce the penalty provisions of this chapter.

SECTION III. AMENDMENT OF CODE.

Title 15, Chapter 15.32, Section 15.32.110 of the Stockton Municipal Code is hereby adopted and shall read as follows:

15.32.110 Liability insurance.

The property owner shall maintain liability insurance on vacant commercial buildings subject to this chapter. A certificate of insurance for each vacant commercial building shall be provided to the City upon request of a city designated officer. All insurance policies for vacant commercial buildings shall require notice to the City in the event of cancellation of insurance or a reduction in coverage. The minimum coverage amount shall be $1,000,000.00 dollars of general liability coverage. The City Manager may adjust or waive the coverage amount if insurance coverage in an amount less than the minimum coverage amount is, in the City’s sole discretion, in the public interest. //
//
//
//
//
//
//
//
1440

ATTACHMENT C
SECTION IV. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION V. EFFECTIVE DATE.

This ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC
City Clerk of the City of Stockton
1441
ORDINANCE NO.____________
AN ORDINANCE ADDING AMMENDING TITLE 15, CHAPTER 15.34, TO THE

STOCKTON MUNICIPAL CODE, RELATED TO COMMERCIAL PROPERTY

VACANCY AND VACANT LOT REGISTRATION

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

Vacant commercial buildings and vacant lots are a major cause and source of blight, especially when the owner fails to actively maintain and manage the building or property. Vacant lots, and buildings, whether boarded, substandard, unkempt, or longterm vacant discourage economic development, hinder the appreciation of property values, and have a detrimental impact on the economic viability of both commercial and residential areas. Vacant commercial buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. The lack of maintenance of vacant lots creates fire hazards, invites squatting and illegal dumping, and negatively impacts the value of surrounding properties.

ATTACHMENT D
1442
SECTION II. AMENDMENT OF CODE.

Title 15, Chapter 15.34 is hereby added to the Stockton Municipal Code as follows:

Chapter 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT

REGISTRATION

15.34.010 Title.

This ordinance codified in this chapter shall be known as “Vacant Commercial Property and Vacant Lot Registration Ordinance” and is hereinafter referred to within this Chapter 15.34, as “this chapter.”

15.34.020 Purpose.

Recognizing that abandoned and vacant buildings and lots contribute to blight in the city, discourage economic development, and diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings and vacant lots from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare. The city council finds that vacant buildings and lots result in increased expenditures for police, fire, and code enforcement inspections and calls.

Maintenance of the public health, safety, and welfare thus requires the City to maintain an accurate registration of all vacant commercial buildings and vacant lots and to impose each of the requirements, procedures and penalties set forth herein.

15.34.030 Definitions.

For the purposes of this chapter, the following terms are defined as set out in this section:

A. "Commercial building" means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for commercial purposes. A "commercial building" also includes any structure, or any portion of a structure, located within the city and designed or intended for occupancy as a hotel or motel.

B. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.

C. "Securing" as used in this chapter is the same as defined under Chapter 15.32.

D. "Vacant commercial building" means a commercial building where greater than fifty percent of the non-residential commercial units within the building have been unoccupied for over 30 180 days, unless one of the following

ATTACHMENT D
1443
applies:

1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenance and repairs, of the
commercial building per the requirements of the California Building Code.

2. The owner or leaseholder has filed an application for required permits for the lawful use and occupancy of the commercial building, where the application is still active per the requirements of the Development Code.

3. In the case of a structure intended as a hotel or motel where the owner or operator is actively engaged in operating such premises as a hotel or motel. At a minimum, active
engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Uniform Transient Occupancy Tax Ordinance of the City of Stockton with respect to such premises.

4. Notwithstanding any other provisions of this Chapter, the building conforms to the standards set forth in SMC 15.32 et seq.

E. “Vacant Lot” means a lot within any Residential, Commercial, or Industrial (excluding PT Port) zoning district unless one of the following applies:

1. There is a valid building permit for the improvement of the lot.

2. The owner or leaseholder has filed an application for required permits for the lawful use and improvement of the lot, where the application is still active per the requirements of the Development Code.

3. Notwithstanding any other provisions of this Chapter, the lot conforms to the standards set forth in SMC 15.32 et seq.

15.34.040 Registration.

A. The owner(s) of a vacant commercial building or vacant lot shall, within 30 days after it has become vacant as defined in this chapter, register the commercial building or lot with the City of Stockton.

B. An annual fee, in an amount established by city council resolution, shall accompany the registration form and be paid annually for the duration of vacancy. Funds derived from said fees shall be allocated to Police Department, Neighborhood Services Section and used to offset the City’s

ATTACHMENT D
1444
cost of inspection and enforcement under this chapter.

D. Registered commercial buildings or lots subject to this chapter shall remain registered as long as the properties remain vacant. If the owner, or a lawful tenant of the owner, occupies the premises in a manner that complies with this chapter and with all other applicable provisions of state and local law, a commercial building may be removed from the department's registry. A commercial building may be removed from the registry upon owner’s submission of a de-registration form provided by the department and subject to department approval confirming occupation.

15.34.050 Registration Requirements.

A. The required registration shall be submitted on the form provided by the city and shall include:

1. The name, current mailing address, phone number and any other contact information of the owner and property manager or responsible party as well as the names and addresses of all known lien holders and all other parties with a legal or equitable ownership interest in the building.

2. The addresses of the commercial building and the Assessor Parcel Number(s).

3. Square footage and occupancy rating(s) of the commercial building.

4. State the most recent legal use(s) of the commercial building.

5. The period of time the commercial building or lot is expected to remain vacant, and a plan and timetable for returning the commercial building or lot to appropriate occupancy or use.

6. Statement as to whether there is fire and liability insurance coverage.

7. Methods by which the owner has secured the commercial building against unauthorized entry.

8. Provide such other information as the department may require.

9. Proof of insurance in compliance with section 15.34.100.

ATTACHMENT D
1445
B. Upon registration of a vacant commercial building or vacant lot pursuant to this chapter, the owner shall be required to provide authorization to the City of Stockton Police Department to arrest for trespassing pursuant to California Penal Code Section 602, any persons found on the property without the owner's consent or without lawful purpose.

15.34.060 Signage.

Any vacant commercial building shall be posted with the name and twenty-four-hour contact phone number of the trustee, beneficiary, owner, realtor, or property management company. The posting shall be no less than eighteen by twenty-four (18 x 24) inches and shall be of a font that is legible from a public right of way and shall contain along with the name and twenty-four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materials. Compliance with this section shall satisfy section 15.32.050(C) if applicable.

15.34.070 Inspection by City.

A city designated officer or their appointee may inspect or cause to be inspected any premises in the city for the purposes of enforcing and assuring compliance with the provisions of this chapter, the fire code, and safeguarding the health, safety, and welfare of the general public. Upon the request of a city building official, code enforcement officer, fire marshal, or a designated appointee, an owner shall provide access to all interior portions of any vacant commercial building or suspected vacant commercial building in order to permit inspections.

15.34.080 Owner Inspection Requirements.

The owner(s) or their property manager shall inspect a vacant commercial building or vacant lot on a monthly basis to determine if the building or lot is in compliance with this chapter or if notification of noncompliance is reported to the owner(s) or their local property manager.

15.34.090 Penalties.

A. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Chapter 1.24 of the Stockton Municipal Code or any other enforcement and legal remedies available to the city under

ATTACHMENT D
1446
the law.

B. All penalties assessed shall be payable directly to the city.

D. In addition to all other lawful remedies available to the city to address any violation of this chapter, the code compliance officer or his or her designee may impose an administrative penalty pursuant to Chapter 1.40.

15.34.100 Liability Insurance.

The property owner shall maintain liability insurance on vacant buildings and vacant lots subject to registration. A certificate of insurance for each vacant property shall be provided to the City with the vacant building registration form, whenever an insurance policy has expired, when there is a change of insurance carrier, and upon request from the City. All insurance policies for vacant property shall require notice to the City in the event of cancellation of insurance or a reduction in coverage. The minimum coverage amount shall be $1,000,000.00 of general liability coverage.

15.34.110 Administrative guidelines.

The City Manager may establish and amend administrative guidelines, as needed to administer this chapter, implement the registration process, introduce additional registration requirements not inconsistent with the requirements of this chapter, and to impose appropriate and beneficial conditions of registration acceptance. The administrative guidelines shall have the force of law, and shall be enforceable in the same manner and to the same extent as the provisions of this chapter. //
//
//
//
//
//
//
//
//
//

ATTACHMENT D
1447
SECTION III. SEVERABILITY.

SECTION IV. EFFECTIVE DATE.

This ordinance shall take effect and be in full force 90 days after its passage.

ADOPTED:

EFFECTIVE:

ATTEST:

CHRISTINA FUGAZI
Mayor of the City of Stockton

KATHERINE ROLAND, CMC
City Clerk of the City of Stockton

ATTACHMENT D
1448

ATTACHMENT E
SMC 16.16.020 Zoning districts established.

TABLE 2-1: ZONING DISTRICTS AND EQUIVALENT GENERAL PLAN DESIGNATIONS Zoning District Symbol Zoning District Name General Plan Designation Base Zoning Districts
Residential Districts
RE Residential, Estate Residential Estate
RL Residential, Low Density Low Density Residential
RM Residential, Medium Density Medium Density Residential RH Residential, High Density High Density Residential,
Commercial, Administrative
Professional
Commercial Districts
CO Commercial, Office Administrative Professional
CN Commercial, Neighborhood Commercial
CG Commercial, General Commercial
CH Commercial, Heavy Commercial
CD Commercial, Downtown Commercial
CL Commercial, Large-Scale Commercial
CA Commercial, Auto Commercial
Industrial Districts
IL Industrial, Light Industrial
IG Industrial, General Industrial
PT Port Industrial, Institutional
Public and Semi-Public Districts
PF Public Facilities Institutional, Parks and
Recreation
OS Open Space Open Space/Agriculture
Other Districts
MX Mixed Use Mixed Use
1449

ATTACHMENT E
UC University/College University/College
Overlay Districts
-AIR Aircraft Operations Overlay
District
All
-CHA Channel Area Overlay
District
All
-CI Commercial Industrial
Overlay District
All
-DES Design Review Overlay
District
All
-MHD Magnolia Historic Overlay
District
All
-SP Specific Plan Overlay District All
-TOD Transit Oriented
Development
All
A. Residential Districts. The purpose of the residential districts is to:

1. Provide for a full range of housing types to meet the diverse economic and social needs of residents;

2. Preserve, protect, and enhance the character of the City's neighborhoods;

3. Enhance the quality of life of residents;

4. Ensure that the scale and design of new development and alterations to existing development are appropriate to the physical and aesthetic characteristics of the proposed location; and

5. Provide sites for public and semi-public uses such as parks, schools, day care, and other community uses that serve residents and complement surrounding residential development.

6. Additional purposes of each residential district are:
a. RE (Residential, Estate). The RE District is intended to provide for residential development on large lots and other compatible uses in a semi-rural atmosphere and setting. It is intended to provide a transition from rural to urban areas on the urban fringe. The RE District is consistent with the Residential Estate General Plan land use designation.
b. RL (Residential, Low Density). The RL District is intended to provide for residential development, including single unit dwellings, duplexes, 1450

ATTACHMENT E
triplexes, semi-detached patio homes, town homes, and other residential development types, in a low-density residential neighborhood setting. This district also allows for public uses, quasipublic uses, and similar and compatible uses that may be appropriate in a low-density residential environment. The RL District is consistent with the Low Density Residential General Plan land use designation. c. RM (Residential, Medium Density). The RM District is intended to provide for a variety of housing types, including duplexes, townhouses, apartments, detached single-unit residential development on small lots, and other compatible uses appropriate in a medium density residential environment. This district also allows neighborhoodserving retail, commercial service, and mixed uses in appropriate locations that provide residents with easy access to daily services and necessities within their neighborhood, provided that they are compatible with surrounding uses. The RM District is consistent with the Medium Density Residential General Plan land use designation. d. RH (Residential, High Density). The RH District is intended to provide for a variety of high-density residential development, including high density single-unit dwellings, townhouses, group housing, condominiums, and apartments, and other compatible uses appropriate in a high-density residential environment. This district also allows neighborhood-serving retail, commercial service, and mixed uses in appropriate locations that provide residents with easy access to daily services and necessities within their neighborhood, provided that they are compatible with surrounding uses. The RH District is consistent with the High Density Residential, Commercial, and Administrative Professional General Plan land use designations.

B. Commercial, Districts. The purpose of the commercial districts is to:

1. Provide for the orderly, well-planned, and balanced development of commercial districts;

2. Designate adequate land for a full range of local- and regional-serving commercial and retail services, consistent with the General Plan;

3. Maintain and strengthen the City's economic resources;

4. Increase employment opportunities and expand the economic base of the City;

5. Provide appropriately-located commercial areas that provide a variety of goods and services for residents, employees, and visitors; 1451

ATTACHMENT E

6. Provide opportunities for a mix of complementary uses that may combine residential and nonresidential uses, or a variety of nonresidential uses, on the same site; and

7. Promote pedestrian-oriented, mixed-use commercial centers at appropriate locations.

8. Additional purposes of each commercial districts are:
a. CO (Commercial, Office). The CO District is intended to be a transitional area between residential and general commercial uses.

The primary uses in this district include offices, incidental retail and/or residential in conjunction with an office, and other compatible uses.

The CO District is consistent with the Administrative Professional General Plan land use designation.
b. CN (Commercial, Neighborhood). The CN District is intended to provide for neighborhood centers that provide goods and services to meet the day-to-day needs of residents and visitors. These areas should promote land use types and designs to accommodate pedestrian and bicycle access and avoid auto oriented or auto dominated use types. The CN District is consistent with the Commercial General Plan land use designation.
c. CG (Commercial, General). The CG District is intended to provide areas for a wide variety of general commercial uses, including retail, personal and business services; commercial recreational uses; and a mix of office, commercial, and/or residential uses. The CG District is consistent with the Commercial General Plan land use designation. d. CH (Commercial, Heavy). The CH District is intended to preserve urban industrial land as viable sites of production and employment while buffering heavy industrial activities from existing residential uses.

Allowable uses in this place include light industrial, clean manufacturing, agricultural technologies, food processing, energy resources and technologies, offices, commercial uses to support business endeavors, repurposed buildings with live/work artist studios, and other non-noxious industrial and manufacturing uses. Residential uses are permitted in this zone; however, heavy industrial or other land uses that could negatively impact adjacent sensitive receptors (i.e., housing, school, and civic uses) are prohibited. The CH District is consistent with the Commercial General Plan land use designation. e. CD (Commercial, Downtown). The CD District is applied to the downtown commercial area of the City. The intent of the CD Zoning 1452

ATTACHMENT E
District is to encourage a mixture of high intensity urban uses to create a lively, pedestrian-friendly environment, with high visual quality.

Appropriate uses include large scale commercial offices and office support uses, high-density residential development, tourist and lodging oriented uses, and governmental facilities. The CD District is consistent with the Commercial General Plan land use designation. f. CL (Commercial, Large-Scale). The CL Zoning District is applied to areas appropriate for large-scale integrated commercial retail centers with shared parking facilities. The CL Zoning District is intended to serve a regional market area, and is to be applied to sites of at least 25 acres. The CL zoning district is consistent with the Commercial General Plan land use designation.
g. CA (Commercial, Auto). The CA Zoning District is applied to areas appropriate for new and used automobile dealerships and related uses and is to be applied to sites of at least three acres. The CA zoning district is consistent with the Commercial General Plan land use designation.

C. Industrial Districts. The purpose of the industrial districts is to:

1. Designate adequate land for commercial businesses, professional offices, and industrial growth, consistent with the General Plan;

2. Maintain and strengthen the City's economic resources;

3. Provide a range of employment opportunities to meet the needs of current and future residents; and

4. Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses, and protect areas where such uses now exist.

5. Additional purposes of each industrial district are:
a. IL (Industrial, Limited). The IL District is intended to provide areas for industrial businesses and operations that do not create adverse visual, noise, or other impacts on adjoining public and residential properties.

This district allows for industrial, manufacturing, warehousing, service, retail, public and quasi-public uses, and other similar and compatible uses. Industries that use or produce substantial amounts of hazardous materials or generate noise, odor, or other pollutants are not permitted.

The IL District is consistent with the Industrial General Plan land use designation.
b. IG (Industrial, General). The IG District is intended to allow a wide range of industrial land uses, including uses that may be conducted outdoors or associated with nuisance or hazardous impacts. Includes 1453

ATTACHMENT E
ancillary office uses. The IG District is consistent with the Industrial General Plan land use designation.
c. PT (Port). The PT District is applied to areas of the City that are operated by "port districts" as formed under the Harbors and Navigation Code, Section 6210 et seq., for the operation of port facilities, including wharves, dockage, warehousing, and related port facilities. The PT District is consistent with the Industrial and Institutional General Plan land use designations and the Rough and Ready Island Development Plan for the Port of Stockton (as applicable).

Development and Zoning Code requirements within the PT Zone are subject to the approved Development Agreement (DA) the City has with the Port. Should they expire, be amended, or mutually terminated, existing and future land uses shall utilize the IG (Industrial, General) zoning designations to regulate development.

D. Public and Semi-Public Districts. The purpose of the public and semi-public zoning districts is to:

1. Provide land for the development of public, semi-public, and open space uses that provide services to the community and support existing and new residential, commercial, and industrial land uses;

2. Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, utility and public service needs, and other similar and related supporting uses;

3. Provide opportunities for outdoor recreation and meet the recreational needs of City residents; and

4. Reserve areas for passive recreation, open space, and habitat protection and enhancement.

5. Additional purposes of each Public and Semi-Public Zoning District are:
a. PF (Public Facilities). The PF District is applied to areas appropriate for a variety of public and quasi-public land uses, including facilities and lands owned by the City, County, State, or Federal governments.

Allowable land uses include public and quasi-public uses such as schools, libraries, colleges, water treatment facilities, airports, some governmental offices, Federal installations, City and County parks, pedestrian and bicycle trails, golf courses, marinas, community centers, and other similar and compatible uses. The PF District is consistent with the Institutional and Parks and Recreation General Plan Land Use Designations.
1454

ATTACHMENT E
b. OS (Open Space). The OS District is applied to areas of the City with open space resources, including agricultural lands, wetlands, wildlife reserves, and other sensitive natural resources; passive recreational areas such as golf courses; or natural hazards. Structural uses are limited to those which support the maintenance and/or use of the open space area. The OS District is consistent with the Open Space/Agriculture General Plan land use designation.

E. Other Districts. The purposes of other districts is as follows.

1. MX (Mixed Use). The MX District is intended to apply to large properties that can accommodate a wide range of land uses to promote integrated development addressing land use, design, circulation, recreation, public services, and natural resources and to ensure appropriate coordination of planning and development. The MX District is consistent with the Mixed Use General Plan land use designation.

2. UC (University/College). The UC District is applied to areas of the City that are dedicated to private institutions of higher learning, to enable campus modifications or changes with the minimum, appropriate land use regulations.

The UC District is consistent with the Administrative Professional General Plan land use designation.

F. Overlay Zoning Districts. The purposes of the overlay zoning districts are described in Chapter 16.28 (Overlay Zoning District Land Uses and Development Standards). (Prior code § 16-210.020; Ord. 011-08 C.S. § 1; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2017-12-05-1503 C.S. § 2; Ord. 2020-06-09-1501 C.S. § 3; Ord. 2022-07-12-1601-02 C.S. § 4; Ord. 2025-06-03-1601, 6/3/2025)
1455
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 15, CHAPTER 15.32, TO THE STOCKTON

MUNICIPAL CODE, RELATED TO MAINTENANCE, SECURITY AND

REHABILITATION OF ABANDONED AND VACANT PROPERTY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

SECTION II. AMENDMENT OF CODE.
1456
The following sections of Title 15, Chapter 15.32 of the Stockton Municipal Code are hereby amended as follows:

15.32.010 Findings—Declaration of purpose.

A. The Council finds that neglected, vacant, and abandoned properties are a major source of blight in residential and nonresidential neighborhoods, especially when owners or responsible persons fail to maintain and manage those properties in a manner that ensures they do not become a liability to the surrounding community. Vacant buildings often attract transients and criminals, including drug users and prostitutes. Use of vacant, unsecured buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the building and adjacent properties and presents a dangerous attractive nuisance to children. Vacant properties are often used as dumping grounds for drug paraphernalia, furniture, tires, garbage, junk and debris, and are frequently overgrown with weeds and vegetation. In addition, the presence of vacant buildings that are simply boarded up for long periods of time to prevent entry by transients or vandals very often discourages economic development and encourages graffiti, disrupting neighborhood stability, retarding appreciation of property values, and promoting blight conditions. As a result, neighboring property owners and occupants are denied full use and enjoyment of their property.

15.32.020 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated below.
“Abandoned” means any property in the City that is vacant or shows evidence of vacancy and:

1. Is under a current notice of default and/or notice of trustee’s sale, pending tax assessor’s lien sale; and/or
1457

2. Was the subject of a foreclosure sale where the title was retained by the beneficiary or trustee of a deed of trust involved in the foreclosure who is the current owner of the property; and/or

A "commercial building" also includes any structure, or any portion of a structure, located within the city and designed or intended for occupancy as a hotel or motel. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.
“Dangerous building” means any building or structure that is in violation of any condition referenced in Chapter 15.24, Property Maintenance Code. “Default” means the failure to fulfill a contractual obligation, monetary or conditional.
“Evidence of vacancy” means any condition that on its own or combined with other conditions present leads any person authorized to enforce this code, in his or her reasonable discretion, or would lead any other reasonable person to believe that the property is vacant. Such conditions include, but are not limited to: overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers, and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents or government employees that the property is vacant.
“Out of area” means, in the case of a natural person, having a primary residence in excess of 100 miles from the subject property, and in the case of any other person, having a principal place of business in excess of 100 miles from the subject property. “Owner” means any person, co-partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. “Property” means any unimproved or improved real property, or portion thereof, situated in the City and includes the buildings or structures located on the property regardless of condition.
“Securing” means such measures as may be directed by the director of planning or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or 1458
padlocking of gates, the repair or boarding of door, window and/or other openings.

15.32.030 Classification of nuisances.

B. Unoccupied buildings or structures that have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements.

C. Buildings or structures for human use or occupancy that have been left vacant for more than 180 days, unless one of the following applies:

2. The owner or leaseholder has filed an application for required permits for the lawful use and occupancy of the building, where the application is still pending with the applicable review entity.

5. The building or structure, including the premises on which it is located, does not otherwise constitute a public nuisance and is not likely to become a public nuisance because it is being actively maintained and secured pursuant to Sections 15.32.040 and 15.32.050 of this code.

15.32.040 Maintenance requirements.

A. Properties must be maintained in accordance with Chapter 15.24 Property Maintenance Code.

B. Any condition causing the property to constitute a dangerous building shall be immediately remedied.

C. Properties must be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by Federal, State or local law, discarded personal items including, but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

D. The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

E. Visible front and side yards shall be mowed, landscaped and otherwise to the satisfaction of the director of planning or his or her designee. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf or sod designed specifically for residential installation. Weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any similar materials are not acceptable landscaping. Maintenance of landscaping includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings.

F. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris, or shall be drained and kept dry.

G. The owner of any vacant building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the City, shall rehabilitate the 1460
boarded building for occupancy, in accord with all applicable codes and regulations, within 180 days after the building is boarded, except as provided in Section 15.32.030 of this code.

15.32.050 Security requirements.

Any property in the City classified as abandoned or vacant shall be subject to the following security requirements.

B. Pools and spas shall be fenced or otherwise secured to prevent access or use by any unauthorized person.

C. The property shall be posted with name and 24-hour contact phone number of the trustee, beneficiary, owner, realtor, or a local property management company. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches and shall be of a font that is legible from a public right of way and shall contain, along with the name and 24-hour contact number, the words “THIS PROPERTY MANAGED BY_______” and “TO REPORT PROBLEMS OR CONCERNS CALL ________.” The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather-resistant materials.

15.32.060 Inspection.

A. A city building official or their appointee may inspect or cause to be inspected any premises in the city for the purposes of enforcing and assuring compliance with the provisions of this chapter and safeguarding the health, safety, and welfare of the general public. Upon the request of the city building official or a designated appointee, an owner shall provide access to all interior portions of any vacant building and premises or suspected vacant building in order to permit a complete inspection. 1461
B. The Stockton Fire Department Fire Chief or a designated appointee is authorized to enter and inspect, or cause to be inspected, all vacant commercial buildings and premises for the purpose of conducting a fire code compliance inspection.

C. The owner(s) or their local property manager shall inspect the abandoned or vacant property on a monthly basis, or more frequently if required by the city building official or his or her designee, to ensure that the property is in compliance with the requirements of this chapter and any other applicable laws.

15.32.070 Additional requirements.

A. The owner shall comply with all applicable laws and codes, including zoning, historic preservation, housing, and building codes.

15.32.080 Other enforcement.

15.32.090 Appeals.

Any person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Section 1.32.040.
(Prior code § 14-528; Ord. 009-08 C.S. § 2)

15.32.100 Violation—Penalty.
1462
A. A violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm, or corporation that violates any provision of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement, in accordance with the provisions of Title 1 or any other enforcement and legal remedies available to the City under the law.

B. All penalties assessed shall be payable directly to the city.

SECTION III. AMENDMENT OF CODE.

Title 15, Chapter 15.32, Section 15.32.110 of the Stockton Municipal Code is hereby adopted and shall read as follows:

15.32.110 Liability insurance.

SECTION V. EFFECTIVE DATE.

This ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC
City Clerk of the City of Stockton
1464
ORDINANCE NO.____________
AN ORDINANCE AMMENDING TITLE 15, CHAPTER 15.34, TO THE

STOCKTON MUNICIPAL CODE, RELATED TO COMMERCIAL PROPERTY

VACANCY AND VACANT LOT REGISTRATION

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT.

Vacant commercial buildings and vacant lots are a major cause and source of blight, especially when the owner fails to actively maintain and manage the building or property. Vacant lots, and buildings, whether boarded, substandard, unkempt, or longterm vacant discourage economic development, hinder the appreciation of property values, and have a detrimental impact on the economic viability of both commercial and residential areas. Vacant commercial buildings are an attractive nuisance to children, a harborage for rodents, an increased fire hazard and invite criminal activity, such as squatting, vandalism and dumping. These activities and the eyesore of boarded, substandard, and unkempt vacant buildings deter would-be customers from the area and negatively impact surrounding neighborhoods. The lack of maintenance of vacant lots creates fire hazards, invites squatting and illegal dumping, and negatively impacts the value of surrounding properties.

Title 15, Chapter 15.34 is hereby added to the Stockton Municipal Code as follows:

Chapter 15.34 VACANT COMMERCIAL PROPERTY AND VACANT LOT

REGISTRATION

15.34.010 Title.

15.34.020 Purpose.

15.34.030 Definitions.

For the purposes of this chapter, the following terms are defined as set out in this section:

B. "Commercial unit" means each separate space within a commercial building designed or intended for occupancy.

C. "Securing" as used in this chapter is the same as defined under Chapter 15.32.

1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenance and repairs, of the
commercial building per the requirements of the California Building Code.

E. “Vacant Lot” means a lot within any Residential, Commercial, or Industrial (excluding PT Port) zoning district unless one of the following applies:

1. There is a valid building permit for the improvement of the lot.

15.34.040 Registration.

C. Any subsequent owner of a vacant commercial building or lot must register or re-register the building or lot with the city designated officer within 30 days of any transfer of any ownership interest in the building or lot. 1467
D. Registered commercial buildings or lots subject to this chapter shall remain registered as long as the properties remain vacant. If the owner, or a lawful tenant of the owner, occupies the premises in a manner that complies with this chapter and with all other applicable provisions of state and local law, a commercial building may be removed from the department's registry. A commercial building may be removed from the registry upon owner’s submission of a de-registration form provided by the department and subject to department approval confirming occupation.