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ADMINISTRATIVE USE PERMIT FOR PROPOSED MOBILE HOME PARKS LAND USE AT 2733, 2811, 2868, 2871, AND 2810 AUTO CENTER CIRCLE (APN 128-030-01, -02, -03, -04) (Application No. P19-0290)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt a Resolution approving an Administrative Use Permit, subject to conditions.
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Summary
Bay Area Home Options, Inc. proposes to develop a mobile home park at an approximate 16.1-acre site consisting of three vacant parcels located at the western terminus of Auto Center Circle (private street). Stockton Municipal Code (SMC) section 16.20.020 requires an Administrative Use Permit (AUP) for mobile home parks at this location. The Review Authority for AUPs is the Community Development Director. On August 29, 2019, public notice of impending action on an AUP for a mobile home park use at the subject site was provided in accordance with SMC sections 16.88.050(B)(4) and 16.168.040(D). In response, staff received requests for a public hearing. Pursuant to SMC section 16.168.040(D)(2)(a), the AUP is referred to Planning Commission for review and action.
SMC Title 16 (Development Code) includes a requirement for mobile home parks to obtain an AUP and provides standards specific to the use at SMC section 16.80.210. However, all development standards involving discretion at SMC section 16.80.210 are preempted by State Law (Mobilehome Parks Act; California Health & Safety Code § 18200 et al). As a result, all the concerns raised in response to the prior public notice are more appropriately placed with the California Department of Housing and Community Development (HCD) as the agency with jurisdiction over the matter.
Under the Mobilehome Parks Act, the HCD has sole discretion for all design aspects of the proposed mobile home park (e.g., density, circulation, setbacks, landscaping). For those few local standards that are not preempted, they concern objective criteria and the proposed use complies with all. Given these facts, staff recommends the Planning Commission approve the AUP.
PRESENT SITUATION
Background
The subject site consists of approximately 16.1-acres of vacant land zoned Medium Density, Residential (RM) and located at the western terminus of Auto Center Circle (Attachment A). The site is bounded to the:
• North by an approximate 100-foot wide public utility easement and new automobile dealerships zoned Commercial, Auto (CA);
• East by new automobile dealerships zoned Commercial, Auto (CA);
• South by single-family homes zoned Residential, Low (RL); and
• West by the Union Pacific Railroad’s primary freight line through Stockton and new automobile dealerships zoned Commercial, Auto (CA).
Project Description
Bay Area Home Options, Inc. proposes to develop a mobile home park at an approximate 16.1-acre site consisting of three vacant parcels located at the western terminus of Auto Center Circle. An illustrative plan of what the applicant intends to submit to the HCD is provided at Attachment B. Additionally, staff is informed that the applicant will build and landscape a perimeter wall around the subject property with a secure entry facility pursuant to the following terms:
1. Applicant will file building plans and a permit application for the wall, landscaping, and secure entry facility with the appropriate governing authority, together with Applicant’s plans for the project, or separately if required by jurisdictional considerations.
2. Construction of the wall, landscaping, traffic turnaround and secure entry facility shall commence and be diligently prosecuted to completion upon issuance of the required permit(s) for same with the goal of completion prior to occupancy of any residents.
3. Applicant shall complete construction of the wall no later than occupation of the 52nd unit.
4. The only City fees imposed on the wall application shall be the standard application fee customarily charged for all similar projects. No other City fee shall be imposed.
The text below explains why project-specific plans are not subject to review by the City of Stockton.
STAFF ANALYSIS
SMC Title 16 (Development Code) includes a requirement for mobile home parks to obtain an AUP (including when located in the RM Zone) and provides standards specific to the use at SMC section 16.80.210 (Mobile Home Parks and Subdivisions) (Attachment C). However, the California Mobilehome Park Act (California Health & Safety Code § 18200 et al. (Attachment D) preempts SMC section 16.80.210 to such a degree that staff has determined the City’s action on the Project is ministerial rather than discretionary.
“Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. (CA Code of Regulations Section 15369)
“Discretionary project” means a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations, or other fixed standards. The key question is whether the public agency can use its subjective judgment to decide whether and how to carry out or approve a project. (CA Code of Regulations Section 15369)
The City of Stockton may require an Administrative Use Permit for mobile home parks land uses and only apply the standards at SMC section 16.80.210(A)(1) through (A)(5). As documented at Attachment E, the subject standards pertain solely to determining the appropriate location for mobile home parks and, as detailed therein, the Project complies with each of those objective standards. No discretion is afforded to the City of Stockton in the review of the Project against those standards nor the balance of SMC section 16.80.210. Given these facts, staff recommends the Planning Commission approve the AUP.
Environmental Clearance
The California Mobilehome Park Act (California Health & Safety Code §1 8200 et al.) preempts local regulations to such a degree that the City determines its action on this application is, under the California Environmental Quality Act (CEQA), ministerial rather than discretionary.
The discretion afforded to the City of Stockton is limited to processing an Administrative Use Permit and applying the standards at SMC sections 16.80.210(A)(1) through (A)(5). As documented in this staff report, the subject standards pertain solely to determining the appropriate location for mobile home parks and, as detailed therein, the proposed project complies with each of those objective standards. No discretion is afforded to the City of Stockton in the review of the Project against those standards. Similarly, all remaining standards at SMC section 16.80.210 (i.e., subsection (B)) are preempted by the Mobilehome Park Act and, thus, the City of Stockton has no jurisdiction and discretion.
In conclusion, the proposed project is, pursuant to CEQA Guidelines section 15268, exempt from the requirements of CEQA.
Public Comments
On August 29, 2019, a 14-day public review notice of impending action on the AUP was provided in accordance with SMC sections 16.88.050(B)(4) and 16.168.040(D). In response, staff received requests for a public hearing (see Attachment F).
Public notice for the Planning Commission’s public hearing was published in The Record on March 30, 2020, and mailed notice was sent to all property owners within a 300-foot radius at least ten days prior.
Comments submitted by the applicant and for the Planning Commission’s consideration are included at Attachment G.
A - Location Map
B - Project Plans
C - Preemption Matrix
D - Public Comment
E - Preemption Matrix
F - Comments Letters
G - Applicant Correspondence
This staff report was prepared by Kevin Colin, Planning Manager; (209) 937-8446; kevin.colin@stocktonca.gov.