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CONTINUED - MITIGATED NEGATIVE DECLARATION, VESTING TENTATIVE MAP, PLANNED DEVELOPMENT, WAIVER, DESIGN REVIEW, AND HERITAGE TREE REMOVAL REQUESTS FOR A PROPOSED 93 LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT (AGAVE) AT 9473 WEST LANE (APN 084-060-10) (P23-0112)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt:
1. A Resolution adopting a Mitigated Negative Declaration for the Agave Residential Development Project; and
2. A Resolution approving a Vesting Tentative Map, Planned Development, Waiver, Design Review, and Heritage Tree Removal, subject to conditions.
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Summary
Bright Development (“Applicant”) proposes to develop a residential project (Agave) on a vacant parcel located at the southwest corner of West Lane and Ronald E. McNair Way. The project consists of a vesting tentative map subdividing an existing 13.57-acre parcel into 93 parcels ranging approximately between 3,150 and 5,400 square feet (SF) in size, and additional common-area lots for the purposes of a private street system, landscaping, stormwater basins, and open space. The common area space will be for the sole purpose of use by the residents within the subdivision.
To develop the residential project, the Planning Commission is asked to consider approval recommendations of a Mitigated Negative Declaration to address the California Environmental Quality Act (CEQA), as well as approving a Vesting Tentative Map, Planned Development Permit, Waiver, Design Review, and Heritage Tree Removal request, subject to conditions.
The project is consistent with the 2040 General Plan Land Map designation of Low Density Residential applicable to the site. The project also furthers General Plan policies aimed at prioritizing development of vacant, underutilized, and blighted infill areas (Policy LU-6.2). 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.
Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration, and approve a Vesting Tentative Map, Planned Development Permit, Waiver, Design Review, and Heritage Tree Removal request for the Project.
On February 13th, the Planning Commission held a public hearing to consider approval of the proposed project. During the public hearing, there was discussion on the Project’s proximity to a Woodbridge Irrigation District (WID) facility located south of the Project site boundary. The Public Hearing was continued to the February 27th Planning Commission meeting date to allow the applicant to discuss with WID staff to determine if a condition of approval could be placed on the project to avoid any potential conflict or whether the project was clear from any such conflict.
As of the date of publishing this Staff Report, the developer was able to conduct further survey work to determine the location of WID’s infrastructure with respect to the project site. Additionally, while the parties were unable to facilitate a meeting in time to include details in this staff report, a meeting is scheduled to take place before the Commission’s hearing date and City Staff intends to report on the outcome of the meeting in a subsequent Bench Memorandum to the Planning Commission and in a verbal report at the Continued Public Hearing.
DISCUSSION
Background
The subject site consists of one (1) vacant parcel identified as Assessor’s Parcel Number (APN) 084-060-10 which is located just southwest of the intersection of West Lane and Ronald E. McNair Way (Attachment A - Aerial Photo). The parcel surrounds 9441 West Lane (APN 084-060-02) which contains an existing single-family residence and multiple outbuildings. This parcel is not a part of the Project and is not intended for development at this time, however, the existing residents and guests will gain access through the private streets created by this Project.
The site is bound to the:
• North and west by Ronald E. McNair High School which is zoned Public Facilities (PF); and
• South by an established low density single-family neighborhood zoned Residential, Low (RL); and
• East by West Lane and an existing gas station that has a zoning designation of Commercial, Neighborhood (CN); and
• West by vacant land in the County of San Joaquin. The General Plan land use for this land directly adjacent to the site has a mix of Low, Medium and High density residential.
The Zoning Map designation for the parcels is Residential, Low Density (RL) and is shown in Attachment B - Zoning Map. The 2040 General Plan Land Use Map designates the subject site as Low Density Residential (Attachment C - General Plan Land Use Map).
Project Description
Bright Development has applied for all required entitlements to establish a residential development located at the southwest corner of West Lane and Ronald E. McNair Way (Attachment D - Vesting Tentative Map & Project Description/Planned Development).
The Project Plans illustrate the overall proposed subdivision of the existing parcel of 13.57-AC into 93 lots, 93 of those which will be allocated for residential use and are a minimum of 3,000 SF in size with an average size of 3,150 SF. The project achieves a density of 7.2 du/ac dwellings per net acre, which is within the allowable range for the Residential, Low Density (RL) zoning district which permits an allowable density of up to 8.7 net dwelling units per acre. Related to gross density, the code permits up to 6.1 du/ac. The Project is slightly over the allowable gross density at 6.85 du/ac, which requires a Waiver of the standard. The average home size is estimated to be between 1,771 SF to 2,170 SF.
The applicant is also requesting a Planned Development permit which enables flexibility related to site planning, lot sizes, and setbacks, while encouraging innovation and creativity with the home designs. Each of the 93 residential lots will have its own enclosed two-car (2) garage, which satisfies the SMC requirement of two (2) spaces per house in an enclosed garage (SMC 16.64.040(I) Table 3-9). No additional off-street or on-street parking is required in accordance with the Municipal Code. The project proposes private streets which include on-street parking on one side of the street within the community.
While the intent of the Project is to create residential lots, there are several areas that will be utilized to satisfy the open space requirement of the Planned Development Permit. There will be approximately 118,483 SF (2.72 AC) of open space areas, inclusive of a park, infiltration basin areas, open space areas, and Home Owners Association maintained front yards, and a gated landscaped entry, throughout the project. Additionally, each residential lot will be planted with one (1) front yard tree and each residential corner lot will have three (3) front yard trees (Exhibit E - Typical Landscape Exhibit).
Access to the proposed development would be provided from a gated entry to the neighborhood off Ronald E. McNair Way, and a secondary emergency vehicle access (EVA) from the West Lane Frontage Road and future extension of Tam O’Shanter Drive.
Interim and ultimate connections of Sanitary Sewer, Storm Drain, and Water Service exist within West Lane and Ronald E. McNair Way and will be designed in accordance with City standards. Existing electrical, natural gas, and telecommunication lines along these roadways would be utilized as needed to provide these services to the project site.
All proposed buildings shall be designed according to the current California Building Code and City of Stockton requirements.
STAFF ANALYSIS
To develop the project, the Planning Commission is asked to consider approval recommendations pertaining to the Mitigated Negative Declaration, Vesting Tentative Map, Planned Development, and Design Review subject to conditions. Each request and staff analysis are provided below.
Environmental Clearance
An Initial Study/Mitigated Negative Declaration has been prepared for the project, in accordance with the California Environmental Quality Act (CEQA) and is attached as Exhibit 1 to the Approval Resolution. Sections 15070 through 15075 of the CEQA Guidelines outline procedures for decision making by the Lead Agency (the City of Stockton) when an MND has been prepared. A Notice of Availability was published for agency and public review during a 20-day period starting on December 17, 2024, and concluding on January 6, 2025. There were no public or agency comments received.
Prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis.
The MND is intended by CEQA to be an informational document (CEQA Guidelines Section 15071). Decision-making on the project in relation to the MND’s is reserved to the Lead Agency and any Responsible Agencies. Consequently, information in the MND does not limit the Lead Agency's ultimate discretion on the project, but as noted the Lead Agency must address each significant effect identified in the MND before they approve the project, or portions of the project (CEQA Guidelines Section 15072).
The Mitigated Negative Declaration identified potentially significant effects under several topic areas, many of which are discussed below:
Biological Resources: Although no biological resources have been identified on-site, potentially suitable habitat for special status species is present on the site and would be impacted by proposed development. Mitigation is identified to ensure no such resources are significantly impacted by development of the vacant site. The applicant has agreed to participate in the San Joaquin Multi Species Habitat Conservation and Open Space Plan (SJMSCP). Compliance with the SJMSCP ensures potentially significant effects to biological resources are reduced to a less than significant level. Additionally, trees will also be removed outside of bird nesting seasons or, if within the nesting season, a biologist will complete a survey to ensure no protected migratory bird nests are present. The project may involve removal of Heritage Oak Trees, which will be mitigated through the City’s Heritage Tree Permit process (SMC 16.130) permitting program.
Cultural Resources/Tribal Cultural Resources: No archaeological or historical resources were identified on the site, but there is potential for discovery of buried cultural resources, including those related to Native Americans. If cultural resources or human remains are accidentally uncovered, all work will cease until their significance is evaluated and treated in conformance with the City of Stockton SMC and CEQA Guidelines.
Geology and Soils: There are no active or potentially active faults or other geologic hazards within or near the Project site. Construction activities on site have the potential to loosen the soil, leaving it exposed to wind and water erosion, however a Project at the site would be required to obtain a permit from the City of Stockton which will have conditions that will reduce soil erosion impacts. Additionally, if any paleontological resources are encountered during construction, all construction activities within a 50’ radius of the encounter shall be immediately halted until a qualified paleontologist can evaluate them and follow the protocol set forth in the SMC.
Noise: The Project would not result in substantial operational noise. However, Project construction would cause temporary localized increases in ambient noise in the vicinity. With the inclusion of City and County approved mitigation measures, the Project is anticipated to reduce construction noise to acceptable levels.
Mandatory Findings of Significance: Through compliance with applicable City and County codes, regulations, and regulatory permitting, along with the Project-specific mitigation measures noted previously, the Project will not have a significant impact relating to degradation of the quality of the environment, nor have impacts that are individually limited, but cumulatively considerable; nor have environmental effects which would cause substantial adverse effects, either directly or indirectly, on human beings. Therefore, there are no potentially significant determinations for mandatory findings of significance.
Development Review Committee
Per SMC 16.212.050(C)(1) the Development Review Committee (DRC) is required to review the proposed vesting tentative map and planned development permit and forward a recommendation to the Director. On January 30, 2025, the DRC reviewed the project merits and recommended approval of the project to the Director.
Development Requests
By code, the Planning Commission is the Review Authority for the Vesting Tentative Map, Planned Development Permit, Waiver, and Design Review requests.
Vesting Tentative Map
The applicant has prepared a Vesting Tentative Map for the Project. A Tentative Map (TM) is a preliminary plan for a subdivision that outlines the proposed layout of lots, streets, and other features, but does not confer any vested rights. In contrast, a Vesting Tentative Map (VTM) provides developers with protection against changes in land use laws, allowing them to proceed with development under the regulations in place at the time of approval. This means that once a VTM is approved, the developer has a vested right to develop the property according to the approved plan, even if regulations change later.
When evaluating applications for a vesting tentative map, the proposed project must be evaluated for compliance with SMC Section 16.188.080 (Vesting tentative map) and against the standards set forth in SMC 16.188.030 (Preparation and contents) and comply with the findings of fact in SMC 16.188.060 (Findings and decision) which are summarized below.
The proposed Project consists of a Vesting Tentative Map to subdivide the combined 13.57 AC project parcels (APN 084-060-10) into 93 parcels and five (5) Open Space lots as detailed below. (Attachment D - Vesting Tentative Map & Planned Development Standards).
Parcels Parcel Size
93 residential parcels 3,150 SF minimum lot size
Total: 7.82 AC (340,329 SF)
Open Space Area - Lot A 7,224 SF
Open Space Area - Lot B 5,386 SF
Open Space Area - Lot C 4,091 SF
Open Space Area - Lot D 1.15 AC (50,094 SF)
Open Space Area - Lot E 5,331 SF
Total: 1.64 AC (71,576 SF)
Private On-Site Streets 4.11 AC (178,654 SF)
Totals: 93 Parcels + Open Space + Streets 13.57 AC (591,109 SF)
The configuration of the proposed lots is consistent with the proposed planned development described in the following Planned Development Permit section.
With approval of a Waiver for gross density, the proposed single-family homes are consistent with the Low-Density Residential designated on the 2040 General Plan Land Use Map. The maximum gross density is typically 6.1 units per acre and 8.7 units per acre based on net acreage; the 13.57-AC project has a gross density of 6.85 dwelling units per acre and a net density of 7.2 dwelling units per acre. Every lot will have at least one (1) tree while corner lots will have three (3) where space allows. (Attachment E - Typical Landscape Exhibit).
The subject development will also further the following General Plan policies: Policy LU-6.2: Prioritize development and redevelopment of vacant, underutilized, and blighted infill area; and, 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.
The Project will install on-site and off-site improvements, including private streets, sidewalks, curbs, gutters, sidewalk, landscaping, and street lighting. All proposed utilities (e.g., water, sewer, storm drainage) will be extended to the subject site from the existing utility network adjacent to the site and comply with the City’s Standard Plans and Specifications. As reflected by the findings in the attached resolution, staff recommends all findings can be made for approval of the subdivision request.
Planned Development Permit
When evaluating applications for new planned development permits, the proposed project must be evaluated for compliance with the findings of fact identified in SMC Section 16.144.060 (Planned Development Permits, Findings and Decision) and against the standards set forth in SMC Chapter 16.68 (Planned Development (Permit) Standards) which are summarized below. The purpose of Planned Development Permits is to promote and encourage flexibility related to site planning, property development, and the provision of open areas, while encouraging innovation and creativity, ensuring consistency with the General Plan, and protecting the public health, safety, welfare, and character of residential areas of the City.
SMC 16.68.030 provides for development standards for which the project must be evaluated against. The Project meets the minimum requirements in that it is at least two (2) acres in size, meets the open space requirements of providing a minimum of 20% of the gross property area being reserved for and devoted to landscaped areas, is providing several open space amenities (Lots A, B and D), and will establish a Homeowner’s Association and Covenants, Conditions, and Restriction (CC&R’s) which will maintain the private streets, all common areas, walls, and front yards within the project. The project is providing a total of 118,483 SF (2.72 AC), or 20% of the site to satisfy the open space requirement; 118,221 SF or 2.714 AC is required. (Attachment F - Open Space Exhibit)
As allowed in the Planned Development Standards under SMC 16.68.030, the proposed Planned Development standards vary from SMC Section Table 2-3.A (Zoning District Development Standards) and are shown on the vesting tentative map as follows:
RL Zoning Standard Proposed PD Standard
Lot Area 5,000 SF Min. 3,150 SF Min.
Lot Coverage 50% 60%
Lot Width 50’ Min. 45’ Min.
Setbacks
Front/Garage 20’ Min. 15’ Min.
Front/Porch None 12’ Min.
Side 5’ Min. No deviation from the SMC
Corner/Street 10’ Min. No deviation from the SMC
Rear 10’ Min.
Height 35’ No deviation from the SMC
Parking 2 enclosed No deviation from the SMC
Street ROW Public Private
There is one (1) corner lot (Lot 48) that has a lot size of 3,141 SF due to the physical constraints of the site and is the only lot that would be under 3,150 SF.
As detailed further in the Findings for the Projects’ Resolution, the proposed Project is consistent with the General Plan Low Density Residential designation and the zoning designation of Residential, Low (RL) for subdivision design, lot sizes, and lot configurations. Access to the new parcels is proposed to be taken from the existing Ronald E. McNair Way, which has a signalized intersection with West Lane. All necessary services and facilities can be provided. Additionally, the design of the subdivision and its proposed improvements will not cause substantial environmental impacts as shown in the Mitigated Negative Declaration. Therefore, the site is physically suitable for the development as the Project is consistent with the use requirements and has been conditioned to comply with all applicable development standards.
Waiver
The proposed Project is also being evaluated for a Waiver as the proposed gross density is above the City standard established. Per SMC 16.176.010, a Waiver is intended to provide a procedure by which the Director or Commission may consider the appropriateness of a request to waive certain requirements of a project as provided in the Development Code.
The Project proposes a gross density of 6.85 dwelling units per acre, and a net density of 7.5 dwelling units per acre. Per SMC 16.24.200 (Table 2-3.B) (Zoning District Development Standards), Residential, Low (RL) zoning shall have a density of a maximum of 8.7 dwelling units per net acre and 6.1 dwelling units per gross acres. The Project complies with the proposed net acreage, but not the gross acreage.
Density Code Requirement Proposed
Net 8.7du/ac 7.2 du/ac
Gross 6.1 du/ac 6.85 du/ac
A Waiver is requested to allow the Project the slight increase in gross density; approximately .75 dwelling units per acre. The Planning Commission shall base its determination based on findings of fact which state that granting of the waiver shall 1) enable the site to be utilized so that specific standards can be addressed without creating undue hardship; 2) shall allow for the economic viability of the site; 3) will not be detrimental to public health or safety; 4) will be consistent with the general land uses, objective and policies of the General Plan; 5) will not conflict with the California Building and Fire Codes; and 6) will be in compliance with CEQA.
Staff affirms that the Project can meet all findings related to a Waiver and recommends the Planning Commission approve the Waiver.
Design Review
SMC Section 16.120.020(A)(1) requires Design Review approval for new single-family tract development in a subdivision of (5) or more parcels, subject to the design standards located in Section 3.01 (Single-Family Design Standards for New Tract Development) of the Citywide Design Guidelines Manual.
The Project architecture includes four (4) different floor plans ranging from between 1,771 SF to 2,170 SF. There are 18 of Plan 1, 28 Plan 2’s, 32 Plan 3’s, and 15 Plan 4’s. The plans contain a healthy mix of architectural styles in traditional, cottage, bungalow and craftsman vernaculars. Each elevation is proportional, well balanced with façade modulation and appropriate accents and detail characteristic of each architectural style. There are a total of 12 proposed color and material schemes, all complementary to one another, which will create a diverse, yet unified neighborhood. (Attachment G - Architectural Plans, Elevations, and Colors)
Driveways are also paired together where feasible to create larger landscaped areas between homes. Each home has a two (2) car enclosed garage and room for two (2) additional cars in each driveway.
Per SMC 16.120.060 (Findings), the Project shall meet the adopted City Standards based upon consistency with the Design Review findings which include: consistency with the development code; design consistent with the Citywide Design Guidelines; the design, color and materials visually compatible with surrounding development; location of structures is compatible with the surrounding development; general landscape is designed to provide an attractive environment; the design and layout will not interfere with the neighboring development or pose pedestrian hazards; the Project has been designed to ensure the intended use will best serve the potential user; and special requirements or standards have been adequately incorporated where applicable. Staff affirms that the Project can meet all findings related to Design Review and recommends the Planning Commission approve the Project.
Heritage Tree Removal
Development of the project site will require the approval of a Heritage Tree Permit for the removal of up to 38 heritage trees on the site. A total of 48 Heritage Trees exist on site, primarily along the southerly edge of the property (Attachment H - Tree Inventory).
A Heritage Tree is defined by the Stockton Development Code 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.”
Removal of the trees shall meet the basis of decision facts in SMC 16.130.030(C)(1) and conform to the replacement standards in SMC 16.130.060. The Project meets the Basis of Decision related to their removal per SMC 16.130.030(C)(1)(b) as there is a necessity to remove the tree(s) in order to construct the proposed improvements.
To mitigate the 38 heritage trees being removed, the Project is required to provide, at a three to one replacement ratio, 114 trees. Each standard lot will have a minimum of one (1) tree planted, and each corner lot will have a minimum of three (3) trees planted. There are a total of 93 lots; 15 of these are corner lots (Lots 1, 24, 25, 33, 34, 38, 39, 47, 48, 56, 57, 63, 64, 69, and 70). Therefore, 78 lots will have one (1) tree planted, while 15 lots will have three (3) trees planted. Not including trees planted in open space areas for the development, a total of 123 trees will be planted for the single-family lots, satisfying the replacement requirement of 114 trees.
Public Comments
Notice for the Planning Commission public hearing for this request was published in The Record on February 3, 2025, and mailed notice was sent to all property owners within a 300-foot radius at least ten (10) days prior.
On February 13, 2025, the Planning Commission held a public hearing on this Project. At the meeting, the Planning Commission continued this agenda item to the February 27, 2025, Planning Commission Meeting date. Since this item was continued to a date certain, no further public noticing was conducted. As of the writing of this staff report, no written comments have been submitted.
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Vesting Tentative Map & Planned Development Standards
Attachment E - Typical Landscape Exhibit
Attachment F - Open Space Exhibit
Attachment G - Architectural Plans, Elevations and Colors
Attachment H - Tree Inventory
This staff report was prepared by Nicole Moore, Contract Planner; nicole.moore.CTR@stocktonca.gov