title
MULTIPLE AMENDMENTS TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH THE STOCKTON 2040 GENERAL PLAN AND CHANGES TO STATE LAW
recommended action
RECOMMENDATION
Staff recommends the City Council:
1. Find no further environmental review is required for the proposed amendments to Title 16 (Development Code) per the California Environmental Quality Act pursuant to 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA) Guidelines; and
2. Adopt an Ordinance amending Title 16 (Development Code) of the Stockton Municipal Code Chapters 16.12 (Land Use Permit Requirements), 16.16 (Zoning Districts Established, Zoning Map Adopted), 16.20 (Allowable Land Uses and Permit Requirements), 16.24 (Zoning District Development Standards), 16.28 (Overlay Zoning District Land Use and Development Standards), 16.40 (Affordable Housing Incentives/Density Bonus Provisions), 16.48 (Fences, Hedges, and Walls), 16.60 (Noise Standards), 16.64 (Off-Street Parking and Loading Standards), 16.76 (Sign Standards), 16.80 (Standards for Specific Uses), 16.88 (Review Procedures), 16.92 (Implementation Procedures, Conditions, and Requirements), 16.120 (Design Review), 16.136 (Land Development Permits), 16.64 (Temporary Activity Permits), 16.180 (Applicability and Administration of Subdivision Regulations), 16.188 (Tentative Map and Tentative Parcel Map Filing and Processing), 16.216 (Boundary Changes), 16.220 (Cultural Resources), and 16.240 (Definitions/Glossary) .
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Summary
Approval of the requested action will amend the zoning ordinance (also known as Development Code) and address the first phase of code changes needed to create consistency with the Council adopted Envision Stockton 2040 General Plan. This is proposed in accordance with state law (Government Code § 65860) that requires a city’s zoning ordinance to be consistent with its General Plan, which is the overarching policy and community vision for how a city intends to grow itself. Additionally, changes to the Development Code are recommended to address recently approved state planning law that supersedes any portion of City code and to provide further streamlining of existing process. Key proposed changes include the following:
• Increasing residential density and intensity allowance in the Downtown and Greater Downtown areas.
• Providing more allowances for Accessory Dwelling Units (ADUs).
• Streamlining the processing of Emergency Shelters and standards for temporary housing.
• Provisions for ministerial review of certain allowable land uses.
• Exemptions of certain projects from design review.
To help review the proposed changes, Table 1 below provides a summary of the individual Stockton Municipal Code Sections being amended, listed in sequence by Ordinance number (Roman Numeral) specific code section number, title, subject matter, and reason for the amendment.
|
Section(s) |
Section Title |
Topic |
Reason for Amendment |
|
16.12.030 |
Exemptions from development and land use approval requirements. |
Exemptions for electric vehicle charging stations and solar energy canopies. |
Streamline, State Law |
|
16.16.020 |
Zoning districts established. |
Clarified density and floor area ratios for each zoning district. |
Consistency with General Plan |
|
16.20.020 |
Allowable land uses and permit requirements. |
Added context overlay to allow certain auto-oriented uses by-right within Freeway and Highway corridors. Minor changes to Table 2-2 to allow certain uses in additional zones. |
Streamline, State Law |
|
16.24.200 |
Table 2-3 Zoning District Development Standards. |
Added new table to clarify density and floor area ratios for each zoning district. |
Consistency with General Plan |
|
16.28.060 |
Magnolia historic (-MHD) overlay district. |
Allows large care facilities by-right in the Magnolia historic (-MHD) overlay district. |
State Law |
|
16.40.020, 16.40.030, 16.40.040, 16.40.050, 16.40.060, 16.40.070 |
Affordable Housing Density Bonus |
Amendment to reference state law, and temporarily rescind sections that do not comply. Staff will return with additional incentives and discussion. |
State Law, Clarity |
|
16.48.030, 16.48.050 |
General setback limitations. |
Clarify fence setbacks and height standards, including exception process. |
Clarity |
|
16.60.020 |
Activities exempt from noise regulations. |
Exemption from review for noise generators. All equipment must still comply with applicable noise standards. |
Streamline |
|
16.64.030, 16.64.070 |
General parking regulations. |
Exemption for electric vehicles and disabled/handicapped parking requirements. |
Streamline, State Law |
|
16.76.040 |
Sign permits. |
Exemptions for model home advertisements. |
Streamline |
|
16.80.020 |
Accessory uses and structures. |
Standards for Stationary Emergency Generators, revision for Motorized Food Vendors, and Retail Services |
Clarity |
|
16.80.100 |
Childcare facilities. |
Large Child Care allowed by-right in residential zones. |
State Law |
|
16.80.155 |
Emergency shelters. |
Exemption from environmental review and standards for temporary housing. |
Streamline |
|
16.80.160, 16.132.050 |
Home occupations. |
Clarification on size of home occupation and additional uses permitted as a Home Occupancy |
Clarity, Streamline |
|
16.80.310 |
Accessory dwelling units. |
Rescinds old code and references new code required by state law. |
State Law, Streamline |
|
16.88.030, 16.88.050 |
Public hearing notices and Procedures for review of applications. |
Removal of notice requirement for Large Child Care facilities and minor changes for review of Heritage Tree Removal. Permits requests. |
State Law, Streamline |
|
16.92.060 |
Business license. |
Removal of required parking review. |
Clarity, Streamline |
|
16.120.020 |
Applicability. |
Sign standard clarification. |
Clarity |
|
16.120.030 |
Exemptions |
Additional design review exemptions for certain improvements in the Port area, like-for-like projects, replacement, and other minor improvements as approved by the Director. |
Streamline |
|
16.136.030 |
Applicability. |
Removal of required review for subdivision signs. |
Streamline |
|
16.164.030 |
Temporary activities. |
Temporary Model Home no longer require formal review. Addition of “Shelter Crisis” for emergency housing. Requires Temporary Activity Permit to establish temporary housing. |
Streamline |
|
16.180.060 |
Review authorities for subdivision decisions. |
Parcel Maps now approved by Director instead of City Engineer. Less review steps. |
Streamline. |
|
16.188.050 |
Review and decision. |
Tentative Parcel Map are not required to go before the Development Review Committee (DRC) prior to approval. |
Streamline |
|
16.216.070 |
Annexation process. |
Clarifies DRC recommendations on annexations go to City Council and not City Manager. |
Clarify |
|
16.220.060 |
Certificates of appropriateness. |
Exempts like-for-like improvements from Design Review and Certificate of Appropriateness. |
Streamline |
|
16.240.020 |
Definitions |
Amended, removed, and added definitions. |
State Law, Clarity |
While efforts are underway to evaluate the existing zoning map to determine property zoning changes needed to match with the General Plan map, amendments to the Development Code standards will occur in a few phases. The first phase consists of the changes presented in this report, which provide clean ups to the code to comply with State law and align development standards with the General Plan policies. The next phase would include the less complex zoning map changes combined with more supportive development code changes. In contrast, the final phase will align the land-use zoning map with the General Plan land use map and is anticipated to be ready by late 2020, and may require additional environmental analysis.
DISCUSSION
Background
In 2016 the Stockton City Council directed City staff to overhaul the 2035 General Plan to better align the community vision with expected growth patterns within the next 20-years. After years of effort, the City Council adopted the Envision Stockton 2040 General Plan on December 4, 2018. As required by State Law (Government Code Section 65860), the City must amend its zoning development standards and map to be consistent with the new General Plan. While efforts are underway to evaluate the existing zoning map to determine property zoning changes needed to match with the General Plan map, amendments to the Development Code standards will occur in a few phases. The first phase consists of the changes presented in this report, which provide clean ups to the code to comply with State law and align development standards with the General Plan policies. In contrast, the final phase will align the land-use zoning map with the General Plan land use map and is anticipated to be ready by late 2020 and may require additional environmental analysis.
Present Situation
Staff and the Planning Commission recommend that the City Council consider and adopt the proposed code amendments as the first phase of General Plan implementation efforts to remove inconsistencies (Attachment A - Existing Code). Proposed revisions to the Development Code text are provided at Attachment B (Proposed Ordinance - Redline Version) and are generally summarized as follows:
Required for General Plan Consistency
• Density and Intensity: standards for the zoning districts have been amended to comply with land use density and intensity changes in the adopted 2040 General Plan, which increase the allowable residential units in the Downtown Core from 87 units to the acre to 136 units to the acre; and increase allowable residential units in the Greater Downtown from 29 units to 90 units to the acre. Density and floor area ratios have been updated in the zoning code for easier reference.
• Additional Land Uses: Allowable Land Use per Table 2-2 now includes Vocational and Technical Schools. Amendments for Large Care Facilities.
• Clean-Ups: Sections 16.64.070 (Disabled/Handicapped Parking), section 16.80.220 (Multifamily), section 16.84.020 (Review Authority), and 16.92.060 (Business License) were amended to clarify sections of the code.
• Definitions: Proposed amendments to the existing definitions for Accessory Dwelling Unit, Affordable Housing, Dwelling Group, and Emergency Shelters. Definitions added include Gross-Acreage and Tiny Homes. The definition for Density Bonus was removed since Chapter 16.40 (Affordable Housing Incentives) references State Law for Density Bonus.
Required by State Law
• Accessory Dwelling Units: Recently approved State regulation (Assembly Bills (AB) 68, 587, 671, 881, and Senate Bill (SB) 13), further reduced local land use regulation on the creation of Accessory Dwelling Units (ADUs). This includes the amount, location, setback, size, and tenancy of ADU ownership onsite. Staff will continue to summarize changes to State Law and coordinate efforts with the City’s Building Department to expedite the installation of these units consistent with local and state housing goals.
• Emergency Shelters: Minor changes were made to define temporary and permanent emergency shelters and temporary housing via a temporary event permit. Permanent still require discretionary review in certain zones, while temporary shelters may be granted by staff with a director-level review like other temporary uses for events. Emergency and transitional housing will continue to be allowed consistent with Table 2-2 of Title 16 and State housing law. This includes ensuring housing capacity for transitional and supportive housing.
• Large-Child Care Facilities: In accordance with SB 234, multiple changes were made to allow large-child care (7-14 children) facilities by-right consistent with changes to State Law. Large-Child Care will be treated as a residential use, like Small-Child Care (1-7 children) is today.
• State Density Bonus: Chapter 16.40 (Affordable Housing Incentives) has been revised per the following:
o Section 16.40.020- revised to reference current State Density Bonus Law. Additional incentives or waivers to standards will be processed accordance with Title 16. This include parking waivers beyond State Law and development agreements.
o Section 16.40.030 through 16.40.070-rescinded to reference State Density Bonus Law for the time being. Staff is currently exploring additional housing studies and incentives based on current market trends and best practices. These sections may be updated later at the conclusion of those housing efforts to bolster the City’s options for incentivizing densities beyond what is currently permitted by State Law.
Proposed for Streamlining and Best Management Practices
• Freeway and Highway Oriented Uses: Sections 16.20.020 was amended to permit certain automobile-oriented commercial uses by-right that are adjacent to freeway and highway corridors. The basis for allowing certain uses by-right adjacent to freeway and highway corridors is there is less likelihood for potential operational impacts with sensitive residential uses. Existing development standards in the Development Code will ensure uses operate in an accepted manner. A Use Permit with conditions of approval will remain a requirement for the same uses outside of the freeway and highway corridors.
• Additional Ministerial Reviews: Staff proposes revisions to Section 16.12.030 (land uses permitted) and Section 16.80.020 (Accessory Uses) to remove discretionary reviews for projects that demonstrate consistency with all applicable development standards.
• Design Review: amendments added to expedite specific design reviews for site improvements and minor improvements to historic properties. Minor changes also include exemptions for small mechanical equipment and electric vehicle parking.
• Parcel Maps: Tentative Parcel Maps are no longer required to go before the Development Review Committee (DRC) for recommendation to the CDD Director. The amendment is proposed to simply have the CDD Director render the approval/denial decision since Tentative Parcel Maps typically have very few development conditions, if any, at all.
Environmental Analysis
The proposed rezone is a discretionary “project” under the California Environmental Quality Act (CEQA) and therefore requires analysis. State CEQA Guidelines Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified. An EIR was prepared and certified by the City Council as part of the Stockton General Plan (SCH# 2017052062).
The proposed development code text amendments are required to provide consistency with changes to the General Plan and State Law. They have been considered as part of the General Plan Environmental Impact Report (EIR) (SCH No. 2017052062). The EIR document provides a programmatic review of the potential impacts associated with the implementation of the General Plan. None of the potential changes being considered by the Commission relative to the text amendments and summarized herein will impact the analysis or conclusions of the General Plan EIR as the extent of the potential impacts and allowed density considered in the General Plan EIR. Future proposals based on the amendments would be reviewed on a case-by-case basis for consistency with this review and the General Plan EIR.
Public Comment
On April 9, 2020, the Stockton Planning Commission opened the public hearing for staff to present the report and public comments to be received and continue the items to the April 23, 2020 meeting to allow more time to discuss the proposed amendment. On April 23, staff pulled proposed changes related to Mobile Home Parks (Code Sections 16.20.020 and 16.80.210) from consideration, to perform further analysis and recommended a clean-up edit for Emergency Shelters. The Planning Commission voted 7-0 to recommend approval of the amendments as recommended by staff.
Financial Summary
Positive, through the anticipated streamline of improvements and increase in ministerial uses permitted.
Attachment A - Existing Code
Attachment B - Proposed Ordinance - Redline Version
Attachment C - PC Approved Resolution