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REQUEST FOR ANNEXATION, PREZONING, VESTING TENTATIVE MAP, PLANNED DEVELOPMENT PERMIT, WAIVER AND HERITAGE TREE REMOVAL, FOR A PROPOSED 217 LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT (MURRAY RANCH) AT 2560 HALL AVENUE (APNS 173-030-110 & 173-040-750) (P23-0346)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission:
1. Find no further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and
2. Adopt a Resolution recommending the City Council adopt an ordinance for the Pre-Zoning of APNs 173-030-11 and 173-040-75 to Residential, Low (RL); and
3. Adopt a Resolution approving a Vesting Tentative Map, Planned Development,Waiver, and Heritage Tree Removal, subject to conditions.
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Summary
Tim Lewis Land Group LP (the “Applicant”) proposes to develop a residential Project, also known as “Murray Ranch”, on two (2) vacant parcels totaling approximately 37.4-acres, located in the vicinity south of East Charter Way and South Golden Gate Avenue. The Project site is currently in the unincorporated jurisdiction of San Joaquin County but the Applicant is requesting annexation into the City of Stockton, which currently abuts the Project site. The Project entitlements consist of a Vesting Tentative Map to subdivide the existing parcels into 217 single-family lots ranging from 3,211 to 11,165 square feet (SF) in size, and provide additional common-area lots for landscaping, stormwater basins, and open space.
To develop the residential Project, the Planning Commission is requested to consider approving a Vesting Tentative Map, Planned Development Permit, Waiver, and Heritage Tree Removal, subject to conditions. Further, the Planning Commission is asked to make a recommendation of approval to the City Council for prezoning of the Project site to Residential, Low Density, which is consistent with the 2040 General Plan Land Use Map designation of Low Density Residential.
The Project furthers General Plan policies aimed at prioritizing development of vacant, underutilized, and blighted infill areas (Policy LU-6.2) 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 is compliant with applicable development standards within the Stockton Municipal Code Title 16 (Development Code) with approval of a Waiver and Planned Development Permit request.
Staff has determined this Project, with approval of a Planned Development Permit and Waiver, will be in compliance with the Stockton Municipal Code (SMC) and recommends the Planning Commission approve the requested entitlements, in addition to providing a recommendation to the City Council to adopt an ordinance for prezoning the site to Residential, Low Density (RL) that will only take effect upon City annexation.
DISCUSSION
Background
The subject site consists of two (2) vacant parcels identified as Assessor’s Parcel Numbers (APNs) 173-030-11 and 173-040-75, which are located in the general vicinity south of the intersection of East Charter Way and South Golden Gate Avenue (Attachment A - Aerial Photo). APN 173-030-11 has an address of 2560 Hall Avenue and is approximately 28.56 acres. APN 173-040-75 has an address of 2530 East Section Avenue and is approximately 8.84-acres. The overall Project site is approximately 37.4-acres.
The site is bound to the:
• North by mostly vacant land and several single-family residential homes and accessory structures in lands within the County of San Joaquin with a zoning designation of AU-20; and
• South by an established low density single-family neighborhood zoned Residential, Low (RL), lands set aside for a future park zoned Open Space (OS) and vacant lands within the County of San Joaquin with a zoning designation of AU-20; and
• East by railroad tracks and vacant land within the County with a zoning designation of AU-20, and single-family homes also within the County with a zoning designation of R-L; and
• West by single-family homes in the County of San Joaquin with a zoning designation of R-L.
The General Plan Land Use designation for the entirety of the Project site is Low Density Residential (Attachment B - General Plan Land Use Map). Since the site is currently located in the jurisdiction of San Joaquin County, City of Stockton zoning has not been established. The site will be prezoned to Residential, Low (RL) Density zoning, which is consistent with the existing General Plan designation and will take effect when the site is officially annexed into the City of Stockton. The surrounding zoning is predominantly Residential, Low Density as shown in Attachment C - Zoning Map.
Project Description
On December 14, 2023, Tim Lewis Land Group LP filed a development application for all required entitlements, including a Vesting Tentative Map, Planned Development Permit, Waiver, and Heritage Tree Removal permit, to establish a proposed residential subdivision development located at the northern terminus of Madrid Drive, which has access to Farmington Road and Juliet Road. This proposed development has been named “Murray Ranch.”
The overall Project proposes to subdivide the two (2) existing parcels into 217 single-family residential lots, as well as common area lots for a .14 acre park, .87 acres for open space and 2.06 acres for an infiltration basin to manage stormwater. The Project proposes three (3) different residential lot sizes to provide for variation in home sites; 78 lots will be approximately 45’x80’ in size, 49 lots will be approximately 50’x90’ in size, and the remaining 90 lots will be approximately 50’x95’ in size.
Access to the proposed development would be through the existing neighborhood (Mariposa Heights) to the west via Hall Avenue, and through existing neighborhoods to the south (Juliet Terrace, South Park, and The Villa) via Brigham Street, Madrid Drive, and Daniellie Drive. The existing neighborhoods to the south have direct connections from Juliet Road to Mariposa Road, and from Madrid Drive to Farmington Road which is a signalized intersection.
Planned Development
The Project application includes a request for a Planned Development Permit. Planned Development Permits enable the Applicant to design their site with flexibility which can encourage innovation and creativity with how the site is designed as well as the way each home is plotted on their respective lot. The Applicant is requesting a Planned Development Permit for their Project to providing flexibility with their lot sizes, lot widths, and setbacks.
Waiver
Lastly, the Project application includes a Waiver request to deviate from the net density (dwelling units/per acre) requirement allowed by the Development Code for parcels with Residential, Low Density zoning. The Municipal Code permits up to 8.7 dwelling units per acre for net density, but the Project is slightly over the allowable requirement. This minor deviation requires a Waiver of the development code standard for net density.
STAFF ANALYSIS
Planning Commission is asked to consider approval recommendations pertaining to the Vesting Tentative Map, Planned Development Permit, and Waiver, which will be subject to conditions. Each request and staff analysis are provided below.
Annexation & Prezoning
Since the Project site is presently located within an unincorporated area of the County of San Joaquin, annexation must occur and be preceded by “Prezoning” through a Zoning Map Amendment. The Project includes a request to Prezone the site to Residential, Low Density (RL) zoning (Attachment D - Prezoning Description and Map).
The 2040 General Plan Land Use Map designates the Project site as Low Density Residential. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, RL zoning is compatible with the General Plan Land Use designation of Low Density Residential. As reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Prezoning action. Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment would become effective and applicable, and the lands would officially be a part of the City of Stockton.
Environmental Clearance
California Environmental Quality Act (CEQA) Section 15183, states that “…(P)rojects which are consistent with… general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project.”
Here, the proposed Project is consistent with the adopted Envision Stockton 2040 General Plan and its certified EIR (SCH# 2017052062), with City Council action taken on December 4, 2018. The Project is also consistent with the appliable general plan designation and all applicable general plan policies. Finally, there are no Project specific significant effects related to traffic, noise, air quality, or water quality; and the Project site has no apparent value as a habitat for endangered, rare, or threatened species.
Development Requests
Pursuant to the Development Code, the Planning Commission is the Review Authority for the Vesting Tentative Map, Planned Development Permit, and Waiver requests. The City Council is the Review Authority for the Prezoning based on the recommendation of the Planning Commission, and solely for Annexation requests.
Vesting Tentative Map
The Applicant has prepared a Vesting Tentative Map for the Project (Attachment E - Vesting Tentative Map). 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 37.4+/- AC Project parcels (APNs 173-030-11 and 173-040-75) into 217 parcels and four (4) Open Space lots as detailed below.
Parcels Parcel Size
217 residential parcels 3,211 SF minimum lot size
Total: 29.18 AC
Open Space Area - Lot A 2.06 AC
Open Space Area - Lot B 0.14 AC
Open Space Area - Lot C 0.54 AC
Open Space Area - Lot D 0.33 AC
Front Yards 5.15 AC
Total: 8.22 AC
Totals: 217 Parcels + Open Space 37.4 AC
The configuration of the proposed lots is consistent with the proposed Planned Development Permit described in the following section.
With approval of a Waiver for net density, the proposed residential development would be consistent with the Low-Density Residential designation on the 2040 General Plan Land Use Map.
The Project will install on-site and off-site improvements, including public 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 affirms all findings can be made for approval of the subdivision request.
Planned Development Permit
The Applicant is also requesting a Planned Development Permit for the Project site (Attachment F - Planned Development Exhibit). 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 specific criteria that the Project must be evaluated against to be able to utilize a Planned Development in an application. The Project meets those standards 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, and is providing several open space amenities (Lots A, B, C and D). Including the front yards, the Project is providing a total of 351,965 SF (8.08 AC), or 21% of the site to satisfy the open space requirement; 326,700 SF or 7.5 AC is required. (Attachment G - 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:
Standard RL Zoning Standard Proposed PD Min. Standards
Lot Area 5,000 SF Min. 3,211 SF Min.
Lot Coverage 50% 65%
Lot Width 50’ Min. 45’ Min.
Setbacks
Front/Garage 20’ Min. 12’ Min.
Front/Porch None 12’ Min.
Side 5’ Min. 4’ Min.
Corner/Street 10’ Min. No deviation from the SMC
Rear 10’ Min. No deviation from the SMC
Height 35’ No deviation from the SMC
Parking 2 enclosed No deviation from the SMC
Street ROW Public Public, designed to City Standard
Each of the 217 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).
The Project proposes public streets which will be constructed in accordance with the City of Stockton standards. This existing neighborhood to the south has a main connection from Juliet Road to Mariposa Road, and another main connection from Madrid Drive to Farmington Road which is a signalized intersection. Additional access will be from Hall Avenue which serves an existing neighborhood to the west.
As detailed further in the Findings in the Projects’ Resolution, the proposed Project is consistent with the General Plan designation of Low Density Residential and the zoning designation of Residential, Low (RL). Additionally, the subdivision and its proposed improvements are consistent with the City of Stockton’s adopted 2040 General Plan Environmental Impact Report. Also, 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 net density is slightly above the established City standard. 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. Net density includes just individual lots in an acre, while gross density includes the individual lots, plus the street rights-of-way and all common areas.
Per SMC 16.24.200 (Table 2-3.B) (Zoning District Development Standards), Residential, Low (RL) zoning shall have a net density of a maximum of 8.7 dwelling units per acre (du/ac) and a gross density of 6.1 dwelling units per acre. As demonstrated below, the Project complies with the proposed gross acreage, but not the net acreage.
Density Code Requirement Proposed
Net 8.7du/ac 9.2 du/ac
Gross 6.1 du/ac max 5.8 du/ac
The Applicant has requested a Waiver to allow the Project a slight increase in net density from 8.7 du/ac to 9.2 du/ac; or approximately .50 dwelling units per acre. The Planning Commission is required to base their determination 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.
Heritage Tree Removal
Development of the Project site will require the approval of a Heritage Tree Permit for the removal of up to 47 heritage trees on the site. A total of 61 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 47 heritage trees being removed, the Project is required to provide, at a three-to-one replacement ratio, 141 trees. Replacement oak trees will be planted within the neighborhood and in open space areas per SMC 16.130.060.
Future Review: 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. There is no proposed architecture at this time, however the Project will need to comply with the SMC requirements and Citywide Design Guidelines. A Condition of Approval has been added that requires future Project architecture to go through the City’s Design Review process.
Annexation
As the Project site is presently located within the jurisdiction of San Joaquin County, the Applicant has requested annexation of the Project site into the City of Stockton. Pursuant to SMC Section 16.212.050(E)(1), the City Council is the Review Authority for annexation requests upon recommendation from the Development Review Committee (DRC). Prior to the City Council hearing, the DRC will forward, after considering a City Services Plan, a recommendation for the annexation request.
The Project site is located within the City’s Sphere of Influence, and as discussed, designated Residential by the General Plan Land Use Map. The area proposed for Project annexation is being provided as information only at Attachment I - Annexation Map.
Pending approval of the items before the Planning Commission, the City Council will consider the Annexation and Prezone actions at a future public hearing. If approved by City Council, the City Manager would be authorized to file an annexation application with the San Joaquin Local Agency Formation Commission (LAFCO)
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.
Public Comments
Notice for the Planning Commission public hearing for this request was published in The Record on April 1, 2025, 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 - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Prezoning Description and Map
Attachment E - Vesting Tentative Map
Attachment F - Planned Development Exhibit
Attachment G - Open Space Exhibit
Attachment H - Arborist Report
Attachment I - Annexation Map
This staff report was prepared by Nicole Moore, Contract Planner; nicole.moore.CTR@stocktonca.gov