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ADMINISTRATIVE USE PERMIT FOR A CO-LIVING (DWELLING UNIT FACILITY) AT 512 WEST HARDING WAY (P23-0245) (APN 137-093-04)
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 15301 (Existing Facilities); and
2. Adopt a Resolution approving a Use Permit for the proposed Co-living (Dwelling Unit Faciltity) based on findings and subject to conditions of approval herein.
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Summary
Lauren Klinger, Valley Sober Living (“Applicant”), proposes to establish a Co-Living (Dwelling Unit Facility) at 512 West Harding Way in the Commercial, General (CG) zoning district, herein referred to as the “Project”. The project will be used as an independent sober living residential facility with no treatment services being provided and no required participation in a program.
Co-living Facilities in the CG zoning district are permitted with an Administrative Use Permit (AUP) per Stockton Municipal Code (SMC) allowable land uses (Table 2-2). AUP’s are staff level reviews with Director approval per SMC Chapter 16.168 (Use Permits). If certain factors exist, the Director may refer action to the Planning Commission (SMC Section 16.88.050(B)(2)(b)).
On April 12, 2024, a mailed notice of a pending Director action was sent out in accordance with the SMC 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 to SMC Section 16.88.050(B).
Staff received one comment letter on the project which included a public hearing request. In accordance with the SMC, the Director is referring the Project application to the Planning Commission for a public hearing review and action.
Staff recommends the Planning Commission approve the proposed Administrative Use Permit request based on findings provided herein and subject to conditions included in the proposed resolution.
DISCUSSION
Background
The project site is located at 512 West Harding Way on the southwest corner of West Harding Way and North Lincoln Street, and is surrounded by residential uses to the east, south and west, commercial uses to the north, and a school to the northeast; as shown in Attachment A (Vicinity Map).
As shown in Attachment B (Zoning Map), the site is zoned CG (Commercial, General) and is surrounded by:
- Residential, Low Density (RL) to the south and west
- Commercial, General (CG) to the east
- Commercial, Office (CO) and Public Facilities (PF) to the north.
The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment C - General Plan land use map).
Present Situation
Per the SMC, the Planning Commission is being asked to consider approving the requested Administrative Use Permit for a proposed Co-Living Facility. The proposed use is described in detail below.
Co-Living Facility
Co-Living Facilities in the CG Zone require an Administrative Use Permit (AUP) to be approved by the Community Development Director per SMC Chapter 16.168 (Use Permits) and requires public noticing of a pending action. A Co-Living (Dwelling Unit Facility) is defined as: A permanent housing facility consisting of single-room occupancy units, where each bedroom is considered a separate living quarter to be occupied by permanent residents.
The applicant is proposing to convert a ±3,552 square-foot commercial building (formerly a funeral home) into a Co-Living Facility, as shown in Exhibit 1 to the proposed resolution and described below. The Project will be conditioned to meet all the applicable development standards specified in SMC Section 16.80.225.
The applicant desires to operate the Co-living facility as an independent sober and supportive living facility; no treatment services will be provided. The facility will account for six (6) double-bed bedrooms and one (1) staff unit. Shared spaces include the kitchen, bathrooms, and living areas. Per the applicant, acceptance to reside at this facility does not require participation in any recovery program; however, many of the participants do come as referrals from agencies such as San Joaquin County Behavioral Health and County Court. Occupancy terms at the facility are not fixed; however, the average stay at the proposed Co-Living Facility is an average of 90 days. Participants who self-pay to voluntarily participate can exit at any time. However, participants who were referred by an agency are required to remain at the facility while they complete their prescribed wrap around services.
This facility does not constitute as transitional housing as defined by California Government Code section 65582(j), as it does not operate under a program that requires the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. In addition, transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone, per California Government Code section 65583. The proposed project location is a commercial building in a commercial zone that does not permit single-unit dwellings per the allowable land uses table in the SMC; therefore, the site does not meet transitional housing criteria. The allowable land uses table does allow a Co-Living Facility.
STAFF ANALYSIS
Staff has reviewed the proposed project and is recommending the Planning Commission approve the project subject to conditions of approval. Staff’s analysis and proposed resolution with conditions of approval are provided below.
The project is consistent with the 2040 General Plan Land Use designation of Commercial applicable to the site. The project also furthers General Plan policies aimed at; prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2), encouraging private investment in older neighborhoods (Action CH-2.2A), and encourage and providing diverse housing opportunities for a variety of housing types (HE-2.3). The project is also consistent with the Commercial, General (CG) zoning district and all applicable standards in the Development Code (Title 16).
Environmental Clearance
The proposed subdivision is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15301, Class 1 for Existing Facilities as the project rehabilitates a deteriorating structure by conducting interior and limited exterior alterations to the building. The site has existing infrastructure and access to public utilities.
Public Comments
On April 12, 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 April 23, 2024, a public comment with request for a public hearing was emailed to staff and provided at Attachment D.
Public Comment: The comment included concerns related to the management of the facility and its impact on the immediate surrounding residential and educational facility uses.
Response: The applicant has provided a copy of the proposed facility plan for the maintenance of the property and Standard of conduct that participants will be required to abide by (Attachment E). The standards of conduct include curfew and good neighbor policies.
Notice for the Planning Commission public hearing for this request was published in The Record on August 12, 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 Map
Attachment D - Public Comment
Attachment E - Facility Plan and Standard of Conduct
This staff report was prepared by Arturo Carrasco, Associate Planner, (209) 937-8955; Arturo.Carrasco@Stocktonca.gov <mailto:Arturo.Carrasco@Stocktonca.gov>.