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REQUEST FOR APPROVAL OF DESIGN REVIEW AND REZONE FROM COMMERCIAL, OFFICE AND INDUSTRIAL, GENERAL TO RESIDENTIAL, LOW-DENSITY FOR THE DEVELOPMENT OF FIVE SINGLE-FAMILY RESIDENCES LOCATED AT THE NORTHWEST CORNER OF LORRAINE AVENUE AND BURGUNDY DRIVE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a Resolution for approval of the Design Review to allow the construction of five (5) single-family residences for the Lorraine Avenue Residential Project (P17-0027).
It is also recommended that the City Council adopt an Ordinance for the Rezoning of a 0.8-acre site from CO (Commercial, Office) and IG (Industrial, General) to RL (Residential, Low-Density).
Approval of the noted applications will allow the construction of five single-family residences on the northwest corner of Lorraine Avenue and Burgundy Drive, in accordance with the findings of fact detailed herein (Attachment A - Location Map and Aerial Photography).
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Summary
The applicant, Darren Overton, proposes to develop five single-family residences at the noted location. Each residential lot will be approximately 6,990 square feet in size. The dimensions of each lot will be approximately 100 feet to 140 feet in width and 40 feet to 63 feet in depth. The development will involve requests for City approval of a Variance, Rezoning, and Design Review of the subject site.
The City’s Architectural Review Committee (ARC) reviewed proposed elevations, renderings, and materials for each of the five single-family residences and found them to be substantially in compliance with applicable provisions (Section 3.01) of the City’s Design Review Guidelines.
The project site is General Plan designated as Low-Density Residential and is zoned CO and IG. The applicant filed a Rezoning application to rezone the subject site from CO and IG to RL. The rezoning request, if approved, will be consistent with the General Plan designation and is a logical extension of the proposed RL zoning to the north, and west of the site.
The Planning Commission held a public hearing on April 26, 2018. The Commission passed a Resolution approving the requested Variance and forwarding a recommendation to the City Council to adopt a Resolution approving the Design Review and adoption of an Ordinance approving the proposed Rezoning, in accordance with the Findings of Decisions in the Resolution for the subject project. The Commission’s approval of the noted Variance, which was subject to the approval of the
accompanying project applications, is final unless appealed. As no appeal was filed within the time allotted under the Code, that decision is final.
DISCUSSION
Background
Under the Subdivision Map Act, Government Code Section 66426(a), there is an exception for the requirement that a tentative and final map shall be issued for subdivisions creating five (5) or more parcels.
To meet the exception:
1. The land, prior to subdivision, must contain less than five (5) acres; and
2. Each parcel created by the subdivision must abut upon a maintained public street or highway; and
3. No dedications or improvements are required by the legislative body.
On January 13, 2009, a Tentative Parcel Map (TPM) was approved to subdivide the property into five lots. The parcel met all of the requirements under Section 66426(a): it is less than five acres (prior to the proposed subdivision), all proposed parcels abut maintained public streets (Lorraine Avenue and Burgundy Drive), and the Public Works Department confirmed that no dedications or improvements are required. Therefore, a five-parcel map application was processed and subsequently extended to January 13, 2019 (three (3) two-year automatic State extensions and one (1) two-year extension approved by the City).
The subject site is bounded to the:
• north and west by existing single-family residences zoned RL;
• south across Burgundy Drive by vacant land zoned CO; and
• east across Lorraine Avenue by various industrial and warehouse buildings zoned IG, and vacant land with a portion of parking lot zoned CO.
Present Situation
To develop the residential project on the subject site, the City Council is asked to consider approving the Rezoning and Design Review as detailed below.
Rezoning
The 0.8-acre site is currently designated as Low-Density Residential on the General Plan map and is zoned CO and IG. Because the site’s zoning is inconsistent with the General Plan designation, the applicant filed a Rezoning application to rezone the property from CO and IG to RL. The rezoning request, if approved, will be consistent with the General Plan designation and is a logical extension of the proposed RL zoning to the north, south, and west of the site (Attachment C - Rezoning Map).
Design Review
The City’s Architectural Review Committee (ARC) reviewed proposed elevations, renderings, and materials for five single-family residences and found them to be substantially in compliance with applicable provisions (Section 3.01) of the City’s Design Review Guidelines. The design review information for site/floor plans and building elevations is contained in Exhibit 1 to the Resolution. Following the ARC’s review of the plans, the Director made recommendations to the Review Authority for approval supported by the findings in the Resolution.
Environmental Review
The subject project is exempt from environmental review under the provisions of the CEQA pursuant to Section 15332, Class 32 of the State CEQA Guidelines. The proposed development will be consistent with the applicable General Plan designation, policies and zoning regulations. The site is less than five acres and has no value as habitat for endangered or threatened species, based upon a land survey from the project engineer. The subject use is not expected to result in any significant, adverse impacts related to traffic, noise, air quality, or water quality and will be adequately served by all required utilities and public services.
Public Comments
On April 2, 2018, the applicant held a community outreach meeting for residents of the surrounding neighborhood to discuss the subject development. Notice of the meeting was provided to all property owners within 300 feet of the project site. The community meeting was held in the Arnold Rue Community Center at 5758 Lorraine Avenue (Attachment D - Community Meeting Notice). Five neighborhood residents, the applicant, and city staff attended the meeting. Most of the area residents supported the proposed development because existing public nuisances from the subject site would be mitigated by the development and it would improve the appearance of the property. One resident raised a concern regarding increasing the traffic impact to Lorraine Avenue by the construction of five single-family residences. The applicant responded to the resident and stated that there is a hammerhead design on each residential driveway to prevent vehicles from backing out onto Lorraine Avenue. There are no other public comments.
Planning Commission Review
On April 26, 2018, a public hearing was held before the Planning Commission. The applicant and the project’s architect spoke in support of the project. They responded to the Commissioners’ questions regarding the home price, the timeline for the completion of the project, and the design and size of the new residences that would be compatible with other existing homes in the surrounding areas. There were no other public comments received during the hearing.
Additionally, Stockton Municipal Code (SMC) Section 16.24.200, Table 2-3, Zoning District Development Standards, require a 20-foot front yard setback for single-family residences in the RL zone. Due to the irregular lot shapes, it is difficult to design viable building floor plans with the required setback. Therefore, the applicant submitted a Variance application for four lots (Lots 1, 2, 3 and 4) to reduce the front yard setback from 20 feet to 10-18 feet, in accordance with SMC Section 16.172.030.A. (Attachment B - Site Plan).
Following the public testimony, the Planning Commission voted 5-0 (Commissioner Hull, absent and Davie, recused from voting) to pass a Resolution approving the requested Variance and forward a recommendation to the City Council for the adoption of a Resolution approving the Design Review and adoption of an Ordinance approving the proposed Rezoning from CO and IG to RL (Attachment E - Planning Commission Resolution).
FINANCIAL SUMMARY
There are no anticipated financial impacts as a result of this infill project.
Attachment A - Location Map and Aerial Photograph
Attachment B - Site Plan
Attachment C - Rezoning Map
Attachment D - Community Meeting Notice
Attachment E - Planning Commission Resolution