title
CITY-INITIATED ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE, DIVISION 3, CHAPTER 16.80, SECTION 16.80.310 AND DIVISION 8, CHAPTER 16.244, SECTION 16.244.010 TO SUPPORT IMPLEMENTATION OF THE 2023-2031 STOCKTON HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW.
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending the City Council:
1. Find no further environmental review is required for proposed code amendments pursuant to the California Environmental Quality Act (CEQA) Section 15183 (consistency with General Plan and Community Plan); and
2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC), Division 3, Chapter 16.80 (Standards for Specific Land Uses) Section 16.80.310 (Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and Division 8, Chapter 16.244 (Use Classifications), Section 16.244.010 (Residential uses).
body
Summary
On July 09, 2024, the City Council adopted the City of Stockton 2023-2031 Housing Element (Housing Element) consistent with State regulation and subsequently received certification from the State Department of Housing and Community Development (HCD). HCD considers this 8-year planning period to be the 6th planning cycle statewide.
The Housing Element contains Goals, Policies and Implementation Programs for meeting and exceeding the Reginal Housing Needs Allocation (RHNA) which was determined to be 12,673 new housing units over the course of the 8-year planning period. There are a total of 33 Implementation Programs that the City must act upon in attempt to meet and/or exceed the RHNA.
Among the 33 Implementation Programs, Program 6 addresses Accessory Dwelling Units and commits the City to evaluating the consistency of Stockton’s ADU regulations with State law, in addition to making ADU materials available (among other activities) to achieve 180 ADU approvals over the course of the Housing Element’s 8-year planning period.
Stockton’s certified Housing Element identified this action as needing to be completed by November 2024, which aligned with the original schedule for the Comprehensive Development Code Update, but was stalled due to the extent of overall code changes. On June 3, 2025, the City Council approved, based on a recommendation of the Planning Commission, a portion of the Comprehensive Code Update to accommodate housing development and comply with State law.
The current proposed Ordinance amendment is to implement Program 6 in the Housing Element and assure consistency with State Housing law. Staff recommends the Planning Commission adopt a Resolution recommending that City Council adopt the proposed Ordinance.
DISCUSSION
Background
On June 13, 2024, the Planning Commission approved a recommendation to the City Council for adoption of the 2023-2031 Housing Element Update. On July 9, 2024, the City Council adopted the 2023-2031 Housing Element. On September 9, 2024, HCD notified the City that its Housing Element was found to be in substantial compliance with State Law and deemed certified.
Under California law, a housing element must include the community’s goals, policies, quantified objectives, and housing programs for the maintenance, improvement, and development of housing. The Housing Element includes nine goal statements with policies, implementation programs and quantified objectives in support of establishing the maximum number of housing units that can be constructed, rehabilitated, and conserved over an eight-year time frame.
Present Situation
In accordance with SMC Section 16.116.020, the City Council is the review authority for code amendments, based on the recommendation of the Planning Commission. This Ordinance is proposed to ensure consistency with State law and most importantly encourage the construction of ADUs throughout the City. Stockton has maintained an ADU program for a number of years; which includes providing free pre-approved ADU building plans for a studio, 1 bedroom and 2 bedroom options, brochures for how to carry out the ADU plan process, and established clear ADU design standards to follow. The proposed Ordinance changes are intended to improve upon the current ADU program in accordance with the latest State regulatory allowances.
Key changes to the code consist of the following:
• Established timelines for City staff to determinations on application submittals
• Specification on the number of ADUs allowed per parcel based on the conditions existing
• Expanded exceptions for development standards, including setbacks, height, fire sprinklers, and added clarity on the imposition of fees.
A redline version of the proposed Ordinance amendment can be reviewed in Attachment A. The clean Ordinance version of the amendment is proposed as Exhibit 1 to the proposed Resolution.
STAFF ANALYSIS
The Planning Commission is asked to consider forwarding an approval recommendation to City Council for the proposed code amendment based on the following analysis:
Development Code Amendment
The amendment is proposed to ensure consistency with State Law and is in conformance with General Plan Policies. General Plan and Housing Element Policies support development and redevelopment of vacant and underutilized sites for housing to address the City’s regional housing needs accommodation (RHNA). As shown in the Proposed Ordinance and Resolution, the Findings of Approval per SMC 16.116.050 can be met for the proposed code amendment. The amendment will not result in a direct physical change to the environment or impact on public health and safety as the amendment is needed to carry out implementation of the Housing Element. Specifically, the following are supportive General Plan policies:
• Policy LU-6.2 Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
• Policy HE-2.7 The City shall encourage and provide opportunities for a variety of housing types that provide market rate and affordable housing opportunities and promote balanced mixed-income neighborhoods.
• Policy HE-1.8 The City shall encourage the development of accessory dwelling units within new and existing residential development and single-family neighborhoods.
Environmental Analysis
The proposed code amendment will not require additional environmental review per the CEQA Guidelines Section 15183 as it is consistent with the General Plan and General Plan environmental impact report (EIR). The GP EIR was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062).
The proposed code amendment consists of minor changes to Development Code Sections 16.80.310 and 16.244.010 to support the construction of ADUs and ensure consistency with State law. This amendment is consistent with General Plan policies to encourage the construction of ADUs to provide for affordable housing opportunities. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GP EIR. Therefore, no additional environmental review is required per CEQA Guidelines Section 15183 (Consistency with General Plan or Community Plan).
Public Notice
Notice for the Planning Commission public hearing for this request was published in The Record on March 06, 2026. As of the publication of this report, no written comments have been received.
ATTACHMENT
Attachment A - Proposed Development Code Ordinance Amendment in redline
This staff report was prepared by Michael McDowell, Assistant Director, (209) 937-8690; michael.mcdowell@stocktonca.gov.