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TENTATIVE PARCEL MAP FOR CONDOMINIUM PURPOSES AT 3548 GRANGE AVENUE (APN 111-400-27) (APPLICATION NO. P22-0437)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission:
1. Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions) and Section 15332, (In-fill Development Projects); and
2. Adopt a Resolution approving the proposed Tentative Parcel Map for Condominium purposes, Design Review and Administrative Exception based on findings and subject to conditions of approval herein.
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Summary
Wong Engineers, Inc (“Applicant”), on behalf of property owner Jason B. Khan, proposes a Tentative Parcel Map for condominium purposes, at 3548 Grange Avenue, for a proposed 23 residential unit condominium development in the Residential, High Density (RH) zoning district.
Condominiums are unique because the division of legal airspace is reviewed and approved by the State of California Bureau of Real Estate. State regulation, Government Code Section 66410 (commonly known as Subdivision Map Act) provides for a process for local jurisdictions to approve a Tentative Parcel Map subdivision for condominium purposes. Tentative Parcel Maps require public noticing before action is carried out by the Director. In addition to the Tentative Parcel Map, the project requires, Design Review and an Administrative Exception to landscaping requirements for the proposed development. Per the Development Code, these entitlements are staff level reviews with Director approval, but can be referred to the Planning Commission.
On March 7, 2024, a mailed notice of a pending Director action was sent out in accordance with the Stockton Municipal Code to property owners within 300-feet of the project site. During the noticing period, a public hearing may be requested by a community member pursuant Stockton Municipal Code (SMC) Section 16.88.050(B).
Staff received several comments on the project which included public hearing requests. Upon review of the public comments, the Director is referring the Project application to the Planning Commission in accordance with the SMC. Therefore, the entire project is elevated to the Planning Commission for a public hearing review and action.
Staff recommends the Planning Commission approve the proposed Tentative Parcel Map, Design Review, and Administrative Exception application requests based on findings provided herein and subject to conditions shown in the proposed resolution.
DISCUSSION
Background
Located at 3548 Grange Avenue (APN 111-400-27), the project site is a vacant 1.76±-acre through parcel. Through parcels are defined in the SMC Glossary as parcels having frontage on two generally parallel streets. The project site has street frontage on Grange Avenue at the west end and street frontage on Telegraph/Pershing Avenue at the east end. It is surrounded by a mix of single-family dwellings and apartment complexes to the north, single family dwellings to the West and South, and University of the Pacific to the east, as shown in Attachment A (Vicinity Map).
As shown in Attachment B (Zoning Map), the site is zoned Residential, High Density (RH) and is surrounded by
- Low Density, Residential (RL) to the north, west, and south.
- Low Density Residential (RL) and Residential High Density (RH) to the north.
- Public Right-of-way to the east.
The 2040 General Plan Land Use Map designates the subject site as High Density Residential with Low- and High-Density Residential designations surrounding the site as shown in Attachment C (General Plan Land Use Map).
Present Situation
Wong Engineering has applied for all required entitlements for the proposed Project. The Project Plans illustrate the overall proposed multifamily development of 23 residential condominium units.
Per the SMC, the Planning Commission is asked to consider approving a Tentative Parcel Map for Condominium purposes as well as Design Review and Administrative Exception. The proposed uses are described in detail below.
Tentative Parcel Map
The applicant is requesting the subdivision of an existing 1.76±-acre parcel into 23 residential condominium units, consisting of eleven two story buildings comprised of ten (10) duplexes and one (1) triplex, as shown in Exhibit 1 in the proposed Resolution and described below:
- Unit Type A (Triplex): 113± feet x 22± feet pad.
- Unit Type B (Duplexes): 82± feet x 22± feet pads.
A condominium map will allow the property owner to file the Condominium map with the California Bureau of Real Estate to create a common interest map. This would allow for individual ownership of each residential unit; however, the property owner may choose to rent the units instead.
Design Review
Stockton Municipal Code (SMC) Section 16.120.020(A)(2) requires Design Review for all new Multifamily Residential development throughout the City. Design Review requests are evaluated for conformance with the Citywide Design Guidelines. For this project, Citywide Design Guidelines Section 3.03 (Multifamily Residential Design Guidelines) applies for the achievement of quality development, compatibility with surrounding uses, functional site arrangement, safe and convenient parking and circulation, and architectural character.
The project includes 23 dwelling units consisting of two product types: one (1) townhome structure containing three (3) dwellings, ten (10) duplex buildings, and associated site improvements. The structures are two story buildings designed to blend with the neighborhood. The design of the buildings includes stucco, horizontal siding, and stone veneers. Architectural projections and accents such as gable end siding, awnings above exterior doors, and trellis’ are includes to break up long exterior walls.
Each unit will have private an outdoor patio, ranging 40 to 60 square feet in area, and will share ±2,500 square feet of common open space (outside of required setback areas) throughout the site, consistent with multifamily open space requirements (SMC 16.80.220). The Architectural Review Committee reviewed and recommends approval of the proposed project plans, attached as Exhibit 2 to the proposed Resolution.
Administrative Exception
As provided by SMC Section 16.80.220(D), the project includes an Administrative Exception requesting a reduction in the required gross area landscaping standard by 20 percent. SMC Section 16.112.030(A) Table 5-1 allows the Director ability to grant a 20 percent adjustment to setback landscaping standards in the Development Code. The project site is ±75,359 square-feet (1.76 acres) and would require 15,076 square-feet of overall landscaping. The project includes 12,195 square-feet of gross landscaped areas - 80 percent of the landscaping requirement.
Per the SMC, the Director is the Review Authority for Tentative Parcel Maps, Design Review, and Administrative Exceptions. However, the Project was noticed on March 7, 2024, per SMC 16.88.050(B) and requests for a public hearing were received. Therefore, the project is being referred to the Planning Commission for review and action. Discussion of the public concerns is addressed in the Public Comment section of Staff Analysis below.
STAFF ANALYSIS
Tentative Parcel Map for Condominium Purposes
SMC Section 16.188.050(B)(1) provides that, for a Tentative Parcel Map, the Director shall notice and approve, conditionally approve, or disapprove a tentative parcel map for four (4) or less parcels in accordance with Section 16.88.050(B) (Administrative review procedure) and:
a) Consider any agency comments on the map, and any public testimony;
b) Review and evaluate each tentative parcel map as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any specific plan, master development plan, or precise road plan, any master plan, the City’s standard specifications and plans, and the Subdivision Map Act; any initial study or environmental impact report, where applicable;
c) Approve or conditionally approve a tentative parcel map only after all findings required by SMC Section 16.188.060 (Findings and decision) can be made; and
d) If necessary/applicable, impose conditions of approval in compliance with SMC Section 16.188.070 (Conditions of approval).
As part of the Administrative Review Procedure, notice of the project application and pending decision is provided to surrounding property owners located within 300 feet of the subject property, and a 10-day review period is initiated. Per SMC 16.88.050.B.5, upon culmination of the review period, the Director shall either render a decision or refer the application to the Commission. Any decision of the Director shall require a public hearing if a request for a public hearing has been filed (SMC 16.88.050.B.4).
After notification to property owners within 300 feet of the Project site, comments in opposition to the application and requests for a public hearing were received, therefore the Director is referring this review, public hearing, and decision to the Planning Commission. The request for a public hearing generally relates to the proposed development and its impacts to the adjacent neighborhood; comments received are included as Attachment D (Public Comments).
To develop the Project, approval of a Tentative Map, Design Review, and Administrative Exception, subject to conditions, is necessary. Staff’s analysis of each request is provided below.
Required Findings
For project approval, the Planning Commission must make findings as outlined in the SMC. As indicated in the proposed Resolution, the subject uses are allowed by-right in the RH zone per the list of allowable uses in SMC Table 2-2 and shall comply with all applicable provisions of the Development Code. When considering the Tentative Parcel Map to allow the subdivision, the Commission action is guided by the following criteria:
Tentative Parcel Map Findings - SMC 16.188.060(A)(1)
1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Map Act Section 66473.5), and any applicable Specific Plan, Precise Road Plan, or Master Development Plan.
The proposed multifamily residential use of the site is consistent with the 2040 General Plan designation of High Density Residential.
2. None of the eight (8) findings for tentative map or tentative parcel map disapproval listed under SMC Section 16.188.060(B) can be made.
The proposed project is consistent with the General Plan, on a physically suitable site, unlikely to cause substantial environmental damage or serious public health or safety problems, not in conflict with easement(s), and meets all Local, State, and Federal laws.
3. The proposed subdivision is exempt under the California Environmental Quality Act (CEQA).
The proposed subdivision is exempt under CEQA Guidelines Section 15315, Class 15 (Minor Land divisions) as the property is a residential lot in an urbanized area and the proposed land division is for four (4) or fewer parcels and Section 15332 (In-Fill Development) as the project is an urban lot under five (4) acres and will not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.
4. As indicated in the preceding finding, the proposed subdivision is categorically exempt from CEQA and, therefore, would not result in a significant impact, as defined by Water Code Section 85057.5(a)(4).
The proposed subdivision is not considered a covered action within the meaning of California Water Code Section 85057.5(a).
In addition to the above-noted findings required for approval of a Tentative Parcel Map, the Commission shall make the following (supplemental) findings (SMC 16.188.060(A)(2):
5. Construction of Improvements. It is in the interest of public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of improvements within a specified time after recordation of a parcel map of four (4) or fewer parcels where improvements are required.
The project is conditioned to provide the construction of improvements on the parcels.
6. Condominiums. Any applicable findings required by Section 16.196.030 for condominium conversions.
The project is not a condominium conversion; therefore, this finding is not applicable.
7. Dedications or Exactions. Any applicable findings required by Section 16.72.060(A) (Findings required for dedications and exactions), if dedications or exactions are required.
Consistent with SMC Section 16.72.060(B) and as indicated on the proposed subdivision map, there are no existing easements that have been acquired through, or use of, the property within the proposed subdivision of the parcel. A ten (10) foot Public Utility Easement (PUE) will be created along the Grange and Pershing Avenue frontages, and along the north property line.
8. Waiver of Parcel Map. The findings required by Section 16.192.020(A)(1) (Waiver of parcel map), if waiver of a Parcel Map has been requested with the tentative map application.
This is not applicable to the project as no waiver of the map has been requested.
SMC Charter 16.90 (Floodplain Management Findings)
The applicable review authority shall not approve the execution of a development agreement, a tentative map or a parcel map for which a tentative map that would result in the construction of a new residence for property that is located within a flood hazard zone unless the review authority finds, based on substantial evidence in the record, that there is adequate flood protection available.
Based on the effective 200-Year Floodplain Analysis Map, and the Technical Memorandum prepared by Wong Engineers, Inc., dated June 14, 2023, the property is located in an area of potential flooding in excess of three (3) feet from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas; per SMC 16.90.020(A).
The Habitable Structure finished floor elevation will be elevated 2 feet above the 100-year FEMA special flood hazard area base flood elevation where applicable. The finished floor elevation for this project shall be 11.4 feet.
Design Review
Pursuant to SMC Section 16.120.040, with the recommendation of the Architectural Review Committee, the Director is the is the review authority for Design Review projects that accompany Discretionary projects. This Design Review accompanies the Tentative Parcel Map for condominium purposes.
The Architectural Review Committee (ARC) reviewed the proposed project in conformance with SMC Section 16.120.050 and on June 12, 2023, recommended approval of the Design Review. On March 19, 2024, the Director reviewed the proposed Project site plan, elevations, and colors, included as Exhibit 2 to the Resolution, and found them to be substantially in compliance with the applicable provisions in the City’s Design Review Guidelines. The Planning Commission is now asked to consider this project due to a public hearing request made by community members concerned about the impacts of the development to the neighborhood. The Planning Commission must make the following findings per the SMC:
Design Review Findings - SMC Section 16.120.060
1. Multifamily uses are permitted in the RH (Residential, High Density) zoning district.
With the exception of the Administrative Exception in this project, the proposed development is consistent with all applicable development standards for multifamily development and the Development Code.
2. The general design consideration was reviewed by the Architectural Review Committee against the Citywide Design Guidelines and recommended approval of the design.
Staff found that the design program conforms with the multifamily design guidelines as it provides a mix of materials, architectural enhancements, and considers the surrounding neighborhood character.
3. The architectural design of the project structures and their materials and colors are visually compatible with surrounding development in this neighborhood.
The Project is consistent with design and development patterns existing in its surrounding neighborhood.
4. The location and configuration of structures does not block views of other structures or dominates its surroundings as the project is being developed on a midblock through lot.
The structures are two stories and are organized with generous setbacks from the street frontages.
5. The general landscape design has been reviewed, and as proposed the landscaping provides visual relief and complements the proposed structures.
A final comprehensive landscape plan will be reviewed as part of the building permit submittal to ensure compliance with appliable zoning standards in SMC Chapter 15.56 (Landscaping).
6. The design and layout of the proposed project will not interfere with the use and enjoyment of existing or future developments and will not create vehicular or pedestrian hazards.
The project is conditioned to provide additional measures to minimize hazards. These measures include installing a stop sign on site, provide onsite turn around area for vehicles, and restrict access to non-emergency vehicles from the Pershing Ave frontage.
7. The building design and related site plan have been designed and integrated to ensure the intended use will best serve the potential users of the site.
Each dwelling unit will have its dedicated 2-car garages and five (5) additional parking spaces are provided on site to support guests.
8. Special requirements or standards, specifically for meeting Americans with Disabilities Act (ADA) regulations, will be reviewed during the building permit submittal to ensure compliance with applicable laws and CA Building Codes.
Administrative Exception
The requested 20% reduction in the required gross landscaping is subject to an Administrative Exception and, pursuant to SMC Section 16.112.020, the Director is the Review Authority subject to appeal in compliance with Chapter 16.100 (Appeals). The Director may grant the adjustment or may defer action and refer the application to the Commission. Based on public comments received, the Director has deferred action to the Planning Commission. The Planning Commission is asked to make the following findings per the SMC:
Administrative Exception Findings - Section 16.112.050
1. The granting of the exception enables the site to be utilized in a manner to not create hardship in meeting access requirements.
The long and narrow shape of the site does not facilitate on site turnaround for emergency vehicles; therefore, the reduced landscaping allows the site to be developed with a shared continuous drive aisle along the south property line.
2. The site is physically suitable for the proposed exception.
The reduction in landscaping requirement does not interfere with the development of the proposed condominium development and allows the maintenance of adequate access to the site.
3. The granting of the exception, as conditioned, will not be detrimental to the public convenience, health, interest, safety, or general welfare of the city, property or neighborhood.
The granting of this exception will not affect the neighborhood or general welfare of the City as the exception will enable the development of underutilized land prone to blight and nuisance; therefore, increasing the overall quality of life of the neighborhood.
4. Granting the exception, as conditioned, would be consistent with the general land uses, objectives, policies, and programs of the General Plan, and the intent of this Development Code.
The granting of this exception is related to a decrease in the required landscaping requirement only, and upon approval, will be consistent with the General Plan and Development Code.
5. Granting the exception does not result in non-compliance with the provisions of the California Environmental Quality Act (CEQA) as is related to and consistent with the provisions of Section 15332, Class 23 (In-Fill Development Projects).
Section 15323 applies to projects that are urban lot under five (4) acres and will not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. The project complies with these requirements. The granting of the administrative exception for reduced site landscaping does not create non-compliance or affect the exemption requirements.
Public Comments
On March 7, 2024, a 10-day public notice was mailed to property owners within 300-feet of the project site per SMC Section 16.188.050(B)(1) in accordance with the review procedures outlined in Section 16.88.050(B)(3). On March 13, 2024, a request for a public hearing was filed with the Community Development Department by Frank and Barbara Beasley and on March 18, 2024, a subsequent hearing request was received by staff from Amy Sharpnack. The public hearing requests were based on concerns related to access, safety, and traffic. On March 29, 2024, staff met with residents Javier and Jessica Contreras, after receiving a phone call, to review the proposed plans and discuss their concerns. Their main concerns were regarding storm water runoff since the area floods during heavy rains. Comments are shown in Attachment D (Public Comments), and are summarized and responded to as follows:
Infrastructure
Concern 1: The project’s impact to stormwater run-off and seasonal flooding of the area as a result of developing the vacant site.
Response: The project includes an on-site underground storm drainage collection system (pump station), as shown on the Tentative Parcel Map. The pump station will connect a new 12” storm line to the existing stormwater line at the Grange and Telegraph Avenue intersection.
Traffic and Safety
Concern 2: The project’s impact to street parking availability on local streets.
Response: The project includes two-car garages for each dwelling, except for one accessible unit that will have a one-car garage. Five (5) additional guest parking spaces will be provided on-site. The provided parking is consistent with the parking requirements for multifamily uses (SMC Section 16.64.040-Table 3-9) which states a minimum of one (1) parking space per unit and one (1) guest parking space for every four (4) units. 29 total parking spaces are required, and 45 spaces are provided.
Concern 3: The project’s impact to road safety specifically on the east end of the project where Telegraph Ave meets Pershing Ave. This intersection is a busy vehicular and pedestrian section of the road, as it is a major walking route for high school students.
Response: The project is conditioned to restrict vehicular access from the east end of the site (Princeton/Pershing Avenue), except for emergency and service vehicles. Vehicular access to the site will be from Grange Avenue only. Additional traffic control measures include a painted “STOP” sign will be installed for vehicles exiting the site, and a 60-foot onsite vehicle queuing area will be installed so vehicles don’t wait in the street for gate to open.
Concern 4: Does the project have enough fire vehicle access to serve adjacent properties.
Response: The development locates the dwelling units in a continuous row along the north side of the site to facilitate a shared 20-foot drive aisle along the southern property line. A painted red curb will be installed along the south property line so that the shared driveway is maintained free of vehicles to allow emergency vehicle access through the site. As previously mentioned in concern 3 above, emergency vehicles will have access from the east side of the property allowing for the free flow of emergency vehicles on both sides of the project.
Environmental Clearance
The proposed subdivision is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines:
1. Section 15315, Class 15 for Minor Land divisions as the project is (a) in an urbanized area zoned for residential uses, (b) is in conformance with General Plan policies and Zoning regulations, (c) no variances or exceptions are required, (d) all services and access to the proposed parcels are available, (e) the parcel was not involved in a division of a larger parcel within the previous two (2) years, and (f) the parcel does not have an average slope greater than 20 percent.
2. Section 15332, Class 32 for In-fill Development Projects, as the project is (a) consistent with all applicable general plan policies and zoning regulations, (b) under five acres and within the city limits, (c) does not have any apparent value as a habitat for endangered, rear, or threatened species, (d) would not result in any significant effects relating to traffic, noise, air or water quality, and (e) can be adequately served by all required utilities and public services.
Public Noticing
Notice for the Planning Commission public hearing for this request was published in The Record on June 13, 2024, and mailed notice was sent to all property owners within a 300-foot radius at least ten (10) days prior. As of the writing of this staff report, no written comments have been submitted.
Attachment A - Vicinity Map
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Public Comments
This staff report was prepared by Arturo Carrasco, Associate Planner, (209) 937-8955; Arturo.Carrasco@Stocktonca.gov <mailto:Arturo.Carrasco@Stocktonca.gov>.