title
REQUEST FOR ZONING MAP AMENDMENT (REZONING) OF APPROXIMATELY 0.80-ACRES AT 709 NORTH CENTER STREET (APN 137-180-30) (P23-0251)
recommended action
RECOMMENDATION
It is recommended that City Council adopt an Ordinance approving a Zoning Map Amendment for rezoning approximately 0.80-acres (APN 137-180-30) from Commercial, Neighborhood (CN) to Residential, High Density (RH); based on the findings and subject to the conditions in the proposed resolution.
body
Summary
The applicant, Dillon & Murphy Engineering, on behalf of the property owner (Delta Community Developers Corp. (HACSJ)), is requesting a Zoning Map Amendment for the rezone of a parcel to eliminate the creation of a split zoned parcel through a pending lot merger as required by the Park Center Apartments project approval (P21-1284).
The proposed project consists of rezoning the subject parcel (APN 137-180-30) from Commercial, Neighborhood (CN) to Residential, High Density (RH). The proposed RH zoning is compatible with the existing General Plan land use designation of Commercial. Per Stockton Municipal Code (SMC) Section 16.116.020, this request requires a Zoning Map Amendment to be approved by the City Council based on a recommendation from the Planning Commission.
On April 11, 2024, the Planning Commission held a public hearing to consider the request and there were no public comments received. The Commission unanimously recommended City Council approval of the proposed Zoning Map Amendment.
Staff recommends approval of the proposed Zoning Map Amendment based on the required findings provided herein.
DISCUSSION
Background
The Project site, consisting of three parcels (APN 137-180-30, -31 and -32) as shown in Attachment A - Vicinity Map, is developed with a vacant building, known as Park Center office building, and parking on the north and west sides of the building. The project site is located at the northwest corner of North Center and West Park Streets and is surrounded by:
• Commercial uses to the East - Zoned CN
• Commercial uses to the South - Zoned Commercial, Downtown (CD)
• Residential uses to the North and West - Zoned RH
The 2040 General Plan Land Use Map (Attachment B) designates the project site as Commercial; this designation allows for residential uses. As shown in Attachment C - Zoning Map, one of the project parcels is zoned CN, and two parcels are zoned RH.
Present Situation
On January 11, 2022, the Community Development Director approved a 51-unit affordable housing project (known as Park Center Apartments) consisting of the adaptive reuse of an existing office building, known as Park Center, into 24 dwelling units and construction of a new three-story 27 dwelling unit apartment building with associated site improvements (Attachment D - Approved Plans (P21-1284)). The project site consists of three separate parcels including the subject parcel (APN 137-180-30) as well as two (2) adjacent parcels located at 21 and 39 West Park Street (APNs: 137-180-31 and -32). The proposed new building construction and relocation of vehicle access along the Park Street frontage would result in developing over property lines, which is discouraged by the development and building codes. Therefore, the project approval included a requirement to merge all three parcels into one parcel.
The requirement to merge the parcels would result in a split zoned parcel which is prohibited per SMC Section 16.16.030(F)(3). Split zoning occurs when one single parcel has two different zoning designations over portions of the parcel. The proposed Zoning Map Amendment would eliminate the creation of a split zoned parcel by rezoning the subject parcel to Residential, High Density, consistent with the two other project parcels.
The Planning Commission heard the proposed Zoning Map Amendment on April 11, 2024, and via Resolution, unanimously recommended the City Council adopt an Ordinance approving the Rezoning, see Attachment E.
STAFF ANALYSIS
Zoning Map Amendment (Rezoning)
The project proposes rezoning a 0.80-acre parcel from Commercial Neighborhood (CN) to Residential, High Density (RH), coinciding with the two adjacent parcels that are part of the affordable housing project (P21-1284) lot merger. As reflected in the attached Proposed Ordinance, all necessary findings can be made to support the proposed Zoning Map Amendment action.
The proposed Project was reviewed in accordance with the City’s General Plan and the development standards of Title 16 (Development Code) of the Stockton Municipal Code.
The 2040 General Plan Land Use Map designates the project site as Commercial. The Commercial designation allows RH zoning per Title 16, Table 2-1 (General Plan Relationship to Development Code); therefore, no amendment to the General Plan is required. The surrounding General Plan designation for the adjacent RH zoned parcels is High Density Residential. As the proposed rezoning is consistent with the General Plan and surrounding zoning, the proposed rezoning will not result in any inconsistencies, endanger the public health and safety, or result in an unforeseen environmental impact beyond what was previous envisioned for the area.
Rezoning to RH does not create inconsistencies with the Development standards in Title 16 of the Stockton Municipal Code. The RH and CN zoning districts share the same density requirements as described in Table 2-3.B (Zoning District Density and Floor Area Ratio) in SMC Section 16.24.200. The rezoning will prevent the creation of a split-zoned parcel as a result of the required parcel merger of the Park Center Apartments project approval (P21-1284).
Environmental Clearance
The proposed Zoning Map Amendment (Rezone) is a discretionary “project” under the California Environmental Quality Act (CEQA) and therefore requires analysis. CEQA Guidelines Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified require no further analysis. An EIR was prepared and certified by the City Council as part of the Stockton 2040 General Plan (SCH# 2017052062).
Public Comments
Planning Commission
On April 11, 2024, the Stockton Planning Commission held a public hearing to consider the Project and make a recommendation to Council for a Zoning Map Amendment. The Project applicant spoke on the project and no other public comments were made or received by staff.
The Planning Commission voted 6-0 adopting a resolution recommending that the City Council adopt an Ordinance amending the City of Stockton Zoning Map to Rezone 0.80-acres from Commercial, Neighborhood (CN) to Residential, High Density (RH) (See Attachment E - Planning Commission Resolution).
Legal Notice
A mailed notice of this item was sent to all property owners within 300-feet of the subject site, as well as published in The Record on May 24, 2024. At the time of writing this report, staff has not received any comment from the public on this project.
FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. The proposed Rezone will support the redevelopment of an underutilized site which will also generate revenue through property taxes.
Attachment A - Vicinity Map
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Approved Plans (P21-01284)
Attachment E - Planning Commission Resolution