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REQUEST FOR APPROVAL OF TENTATIVE MAP TO CREATE A THIRTEEN-LOT SUBDIVISION AND HERITAGE TREE PERMIT TO REMOVE THREE OAK TREES FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED AT 2233 WAGNER HEIGHTS ROAD (P18-0688)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution:
1. Approving a Tentative Map to subdivide an 2.16-acre site into thirteen (13) lots for a single-family residential development at 2233 Wagner Heights Road; and
2. Approving a Heritage Tree Permit for the removal of three (3) oak trees for a single-family residential development at 2233 Wagner Heights Road.
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Summary
The applicant, DB Homes, on behalf of Russell Bowers, the property owner, is proposing to develop 2.16 acres of land at 2233 Wagner Heights Road (APN 080-260-02). The subdivision would create thirteen (13) lots at an infill location surrounded by existing single-family homes and a public middle school (Delta Sierra). The General Plan Land Use Map and Zoning Map designate the site for single-family residential development. The project’s use and density are consistent with each designation.
Three existing heritage oak trees are located within the site boundaries at the Wagner Heights Road frontage. The construction of roadway improvements necessary to serve the subdivision and neighborhood along that frontage requires their removal. In accordance with SMC Section 16.130.060, any heritage tree that is removed shall be replaced on a three (3) for one (1) basis with at least 15-gallon container stock. As recommended by staff, the required nine (9) replacement trees will be planted within the project.
Based on the above, staff recommends that the Planning Commission approve the requested Tentative Map and Heritage Tree Permit, according to the findings and subject to the conditions within the attached Resolution.
DISCUSSION
Background
The subject site is bounded to the:
• north by existing single-family homes zoned (RL) Low Density, Residential;
• east by single-family homes and auto related businesses zoned RL and CG (Commercial, General);
• south across Wagner Heights Road by existing single-family homes zoned RL; and
• west by a public middle school zoned RL (Attachment A - Location Map and Aerial Photograph).
Present Situation
Tentative Map
The applicant is proposing to subdivide a 2.16-acre site into thirteen (13) lots. Proposed lots range in size from 5,000 to 7,000 square feet and result in a density of 8.3 units per net acre. The RL zone provides for a density between 0 to 8.7 units per net acre.
The site has an existing metal building built in 1970 that is proposed for demolition. Pusuant to SMC Section 16.220.105 (B), the structure is exempt from any historic consideration because it is less than 50 years of age. <http://qcode.us/codes/stockton/view.php?topic=16-7-16_220-16_220_105&frames=on>
The subdivision will be served by a 54-foot wide public street terminating in a cul-de-sac. The applicant states that a 6-foot high wood fence is proposed around the perimeter of the site (Attachment B - Tentative Map). The project will construct all necessary utility and right-of-way improvements including, but not limited to, curb, gutter and sidewalk along the project’s frontage (Wagner Heights Road) and new public street (Carter Court).
The subdivision would accommodate a use and development density consistent with the site’s General Plan Land Use Map designation of Low-Density Residential which, like the underlying RL zoning district, has a maximum density of 8.7 units per net acre. It would also further General Plan Policy LU-6.2 which states, “Prioritize development and redevelopment of vacant, underutilized and blighted infill areas.”
The subdivision complies with all lot dimensional standards (i.e., area, width) at SMC Section 16.24.200, Table 2-3 (Zoning District Development Standards). No plans for homes are presented at this time. When such plans are filed, they will be evaluated to confirm compliance with all applicable development standards (e.g., building setback, building height, lot coverage, and off-street parking) and subject to Design Review with the Director acting as the Review Authority.
Further, City Council Resolution No. 2018-07-17-1301 established a policy requiring the annexation of residential development into a Maintenance and Services Community Facilities District (CFD). The purpose of the CFD is to fund the resulting increased costs of municipal services associated with new residential development. The requirement of this policy is carried out through Condition No. 11.
Prior to the Planning Commission receiving this recommendation, the Development Review Committee reviewed the proposed subdivision on December 4, 2018 in accordance with SMC Section 16.180.060, Table 6-1 (Review Authority for Subdivisions) and recommends approval subject to the proposed findings and conditions of approval contained in the Resolution.
Heritage Oak Trees
The project includes a Heritage Tree Permit request to remove three existing heritage oak trees that are in conflict with required frontage improvements along Wanger Heights Road. SMC Section 16.240.020 defines ‘Heritage Trees’ as Valley Oak, Coast Live Oak, or Interior Live Oak tree having a trunk diameter of 16 inches or more, measured at 24 inches above actual grade. These three oak trees have two trunk diameters of 24 inches and one 30 inches. Because the subdivision design is integral to the question of tree removal, the Director has elevated the Heritage Tree Permit to the Planning Commission for action, as provided by SMC Section 16.88.050(B)(5).
SMC Section 16.130.030 (C)(1)(b) provides one basis for heritage oak tree removal may be due to improvements (e.g., roadway) although the possibility for avoiding removal is to be explored. Three heritage oak trees along the south boundary of the site are located within the planned street right-of-way for Wagner Heights Road. By preserving these oak trees, their roots could cause damage to the street, sidewalk and underground utility lines when they are installed. Further, Valley Oak trees are not an approved street tree species. They will get too large and are prone to summer limb drop which would occur on the street. For these reasons, staff recommends removal of the subject trees.
When heritage oak trees are removed, SMC Section 16.130.060 provides that the trees shall be replaced on a three (3) for one (1) basis with at least 15-gallon container stock. The applicant indicated that the project proposes to satisfy this requirement by planting seven (7) oak trees on the front yards of larger lots around the north side of cul-de-sac and two (2) oak trees placed on the side yards facing Wagner Heights of Lots 1 and 13 (Attachment C - Locations of Existing Heritage Oak Trees).
Environmental Clearance
The proposed subdivision is Categorically Exempt from the California Environmental Quality Act (CEQA) under the CEQA Guidelines §15332, Class 32 (Infill Development Projects). The subdivision is also not subject to any of the exceptions to the use of a Categorical Exemption provided at CEQA Guidelines §15300.2. All supporting evidence for this determination is specified in the Proposed Resolution.
Public Comments
Notice for this item was published in the Record, and mailed notice was sent to all property owners within a 300-foot radius of the project site at least ten (10) days before the hearing, in accordance with SMC Section 16.88.030. To date, staff has not received any comments from the public on the proposed subdivision.
Attachment A - Location Map and Aerial Photograph
Attachment B - Tentative Map
Attachment C - Locations of Existing Heritage Oak Trees
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktonca.gov.