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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 that the Planning Commission adopt a resolution recommending 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 (CEQA) 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 (SMC) Chapters 16.12 (Land Use Permit Requirements), 16.20 (Allowable Land Uses and Permit Requirements), 16.24 (Zoning District Development Standards), 16.36 (General Development and Use 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), 16.72 (Public Improvements), 16.76 (Sign Standards), 16.80 (Standards for Specific Uses), 16.116 (Amendments (General Plan, Development Code, and Zoning Map), 16.120 (Design Review), 16.130 (Heritage Tree Permit), 16.152 (Site Plan Review), 16.188 (Tentative Map and Tentative Parcel Map Filing and Processing), 16.196 (Condominiums and Conversions), and 16.240 (Definitions/Glossary).
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Summary
On July 9, 2020, City Staff held a Planning Commission workshop to request input from Commissioners and general public on potential changes to the Development Code. The primary purpose for making changes to the Code are to 1) align the Code with the Envision Stockton 2040 General Plan objectives, 2) clarify confusing or outdated code language, 3) provide additional housing development incentives, and 4) improve streamling for development applications and incorporate best practice standards. Staff received valuable feedback from the workshop that suggested including solutions to improve clarity in the City’s standards, provide more housing incentives, ensure high-quality development, and reduce unnecessary regulatory barriers. This feedback led Staff to review changes in State law, General Plan objectives, and best practices from other jurisdictions to propose a Code amendment that aligns with the Planning Commission suggestions.
On June 9, 2020, the Stockton City Council, based on the recommendation of the Planning Commission, approved a first phase (hereafter “Phase-1”) of Code amendments, which addressed consistency with General Plan standards and recent changes to State Law. This proposed Code amendment is considered the second phase (hereafter “Phase-2”) that is intended to meet the purpose summarized above and addresses the Planning Commission’s feedback. Key proposed changes include the following topics:
• Affordable Housing and Density Bonus
• Parking incentives and deviations
• Housing Typology
• Correct Development References (i.e. Building Code)
• Accessory Dwelling Units (ADUs)
• Allowable fence heights
• Exemptions for Solar Collectors
• Clean-Ups and Revised Definitions
To help review the proposed Phase-2 changes, Table 1 below summarizes the individual SMC Sections being amended, listed by Ordinance number (Roman Numeral) specific code section number, title, subject matter, and reason for the amendment.
Table 1 - Development Code Amendment Summary
|
Ord. No. |
Section(s) |
Section Title |
Subject Matter |
Reason for Amendment |
|
II |
16.12.030 |
Exemptions from development and land use approval requirements. |
Increase allowable fence height from six to seven feet. Remove Certificate of Appropriateness for Solar Collectors. |
Streamline, State Law |
|
III |
16.20.020 |
Allowable land uses and permit requirements. |
Minor changes to Table 2-2 to add Single Room Occupancy (SRO) Living Unit Facility and clarify SRO Residential Hotel. |
Streamline, State Law, General Plan |
|
IV |
16.24.200 |
Zoning District Development Standards |
Minor changes to Table 2-3.A and 2-3.B. |
Clarity, Consistency |
|
V |
16.36.090 |
Height measurement and height limit exceptions. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
VI |
16.36.110 |
Setback regulations and exceptions |
Minor change to definitions of setback. |
Clarity, Consistency |
|
VII VIII IX X XI XII XIII XIV XV |
16.40.010, 16.40.020, 16.40.030, 16.40.040, 16.40.050, 16.40.060, 16.40.070, 16.40.080, 16.40.090, 16.40.100 |
Affordable Housing Incentives/ Density Bonus Provisions (Chapter 16.40) |
A package of incentives which allows housing developers more favorable local development requirements in exchange for building or donating land for affordable or senior housing units. The amount of the density bonus is set on a sliding scale, based upon the percentage of affordable units at income level set by State law. |
State Law, Clarity, Streamlining |
|
XVI |
16.48.040 |
General height limitations. |
Increase allowable fence height from six to seven feet. |
Clarity, Consistency |
|
XVII |
16.48.60 |
Exceptions to height limitations. |
Exception for fence height removed. |
Clarity, Consistency |
|
XVIII |
16.60.010 |
Purpose. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XIX XX XXI XXII XXIII XXIV XXV |
16.64.030, 16.64.040, 16.64.050, 16.64.080, 16.64.090, 16.64.100, 16.64.110 |
Off-street Parking and Loading Standards. (Chapter 16.64) |
Addition of by-right deviations and incentives for vehicle parking reductions and to encourage increased bicycle parking. |
State Law, Clarity, General Plan |
|
XXVI |
16.72.050 |
Area of benefit. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXVII |
16.72.070 |
Improvements (plans, agreements, and security). |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXVIII |
16.76.100 |
Standards for specific types of on-premises signs. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXIX |
16.80.020 |
Accessory uses and structures. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXX |
16.80.195 |
Cannabis business types-Commission use permitting. |
Clarify cannabis location requirements. |
Clarity, Consistency |
|
XXXI |
16.80.225 |
Co-Living Facilities. |
Creates a new housing typology for co-living arrangements and differentiates between permanent and temporary SROs. |
State Law, Clarity, General Plan |
|
XXXII |
16.80.310 |
Accessory dwelling units. |
Addresses review by state/HCD and adds JADUs. |
State Law, Streamline, Clarity |
|
XXXIII |
16.116.040 |
Application filing, processing, and review. |
Provides flexibility in General Plan Amendment timing. |
Streamline, Clarity |
|
XXXIV |
16.120.020 |
Applicability. |
Removal of word “multifamily” for clarity. |
Clarity |
|
XXXV |
16.130.050 |
Emergency. |
Minor update concerning emergency removal of heritage oaks. |
Clarity, Consistency |
|
XXXVI |
16.152.010 |
Purpose of chapter. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXXVII |
16.152.030 |
Applicability. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXXVIII |
16.152.040 |
Exemptions. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XXXIX |
16.152.050 |
Application filing, processing, and review procedures. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XL |
16.188.100 |
Post approval procedures. |
Update time allowance for tentative maps or tentative parcel maps and vesting tentative maps or vesting tentative parcel maps from five to six years. |
State Law, Clarity |
|
XLI |
16.196.030 |
Condominiums-Conversions. |
Update citation from Uniform Building Code to California Building Standards Code. |
Clarity, Consistency |
|
XLII XLIII XLIV |
16.240.020 |
Definitions |
Amended, removed, and added new definitions. |
State Law, Clarity |
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, the City must amend its development code standards and zoning map to be consistent with the new General Plan. Due to the complexity and extent of code changes needed, Staff proposes incremental strategic amendments to the development standards in three separate phases. On June 9, 2020, the Stockton City Council approved the first phase of the amendments (“Phase-1”). The second phase consists of the changes presented in this report. A third phase (hereafter “Phase-3”) is anticipated to support General Plan land-use map and zoning map amendments and ensure compliance, maintain property rights, and lessen impacts as a result of map compliance changes.
On July 9, 2020, the Stockton Planning Commission participated in a workshop to provide preliminary input to Staff on preliminary Phase-2 code changes to address General Plan consistency, state law, clarify code language, provide additional incentives, and implement best practices.
Present Situation
Staff is requesting the Planning Commission receive and forward a recommendation to the City Council to adopt the proposed Phase-2 Development Code amendment. Attachment A includes the existing Code language that will be changed with the proposed amendment. Attachment B (Proposed Ordinance - Redline Version) consists of the proposed Code changes in redline (track change) format for comparative analysis with the current code. Attachment B provides the greatest distinction between what new text language is being added and existing text language that is being deleted. The more significant proposed amendments are generally summarized as follows:
• Affordable Housing and Density Bonus -The California State Density Bonus Law (SDBL) was adopted in 1976 to address California’s affordable housing needs. The SDBL has been amended multiple times since adoption in response to evolving housing conditions, and to incorporate new or expanded provisions. As originally enacted, the SDBL sought to incentivize the production of affordable housing by requiring cities to grant an increase (up to 35%) in the overall number of housing units that a developer may build in exchange for including more affordable units in a housing project. The City has an existing local density bonus ordinance to implement SDBL, however, it was not being updated to stay in compliance with State law. Beyond increased density, SDBL provides for additional incentives for housing developers such as reductions in parking and development setbacks, exceptions to site development standards including height increases, or other concessions that result in identifiable cost reductions to the project. Cities may elect to develop a local density bonus ordinance that can be supplmental to the SDBL and allow for more density beyond a 35% increase in housing units and more incentives.
The Phase-2 amendment proposes a supplemental density bonus program for projects that exceed the eligibility required under SDBL. The structure for the supplemental density bonus program is based on a two-tiered point system, with Tier 1 allowing up to a 50% density increase, and Tier 2 allowing up to 100%. A request for a larger density bonus results in a larger required number of points to qualify for the bonus. Points are generated through the production of affordable housing or community benefits, including sustainable design, adaptive reuse of historic properties, or development in priority areas, including the Downtown Core, designated Disadvantaged Community areas, or Opportunity Zones. The Phase-2 amendment also proposes a ministerial application process to streamline density bonus applications for priority processing.
• Parking incentives and deviations - The General Plan includes Goals, Policies and Actions (see, Action LU-1.1B, Action LU-2.3A, LU-2.4A, Goal TR-2, Action TR-2.1A, Action TR-3.2A, Action TR-3.2B, Goal SAF-1, Policy SAF-4.2, Action CH-4.1D, Action LU-2.3A, Action LU-2.4A, Action TR-2.1A) that encourage flexibility in the parking standards and considerations for parking reductions, shared vehicle parking, and provisions for increased mobility options as alternatives to single-occupant driving. Proposed amendments include ministerial parking reductions that reduce parking by-right for shared parking, property enhancements, carpooling, bicycling, and transit-oriented development. Ministerial reductions are granted if a project meets objective standards as set forth in the Development Code, which involve no personal or subjective judgment by staff and are uniformly verifiable by established criteria. These type of approvals provide applicants with a predictiable outcome, in addition to time and cost savings, as the need to apply for a cumbersome variance or waiver of standards would not be required. The process is straightforward, quick, and reliable.
• Housing Typology - In urban planning, typology is the classification of characteristics found in buildings and urban places, according to their association with different categories, such as intensity of development, hierarchy, or type of construction. To better implement the Housing Element’s policies and programs, the proposed Development Code changes further define housing typology and standards. By clarifying housing typology, Staff, residents, developers, and housing advocates will know with certainty which permitted land uses will encourage their proposed type of housing development. Changes include definitions to align with various state licensing requirements. Some changes include:
• Supportive housing and low barrier navigation centers are added as by-right uses in Special Purpose or Commercial Zoning Districts where multifamily dwellings are allowed as long as they comply with state law.
• Single Room Occupancy, or “Co-living” facilities have been expanded to differentiate between temporary and permanent uses.
• Accessory Dwelling Units (ADUs) -While Phase-1 amendments included an overhaul of the previous ADU standards, the proposed changes include allowances for Junior ADUs and clarification on design reviews based on staff’s consultation with the State Department of Housing and Community Development (HCD).
• Clean-Ups and Revised Definitions - Proposed changes include clarifications for fence height, cannabis location requirements, solar panel reviews, and specialized terms and phrases.
Environmental Analysis
The proposed Phase-2 amendments are intended to comply with State Law and further implement the General Plan policies necessary to achieve the General Plan goals. The Envision Stockton 2040 General Plan Environmental Impact Report (GPEIR) (SCH No. 2017052062) document provides a programmatic review of the potential impacts associated with the implementation of the General Plan. These amendments clarify existing standards and processes and will not result in intensification beyond what was previously analyzed in the GPEIR. 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 GPEIR as the extent of the potential impacts and allowed density considered in the GPEIR. Therefore, the potential impacts of the Phase-2 amendments were assessed in the GPEIR and do not require further environmental review. Development proposals based on the proposed amendment would be reviewed on a case-by-case basis for consistency with GPEIR and the California Environmental Quality Act (CEQA) Guidelines.
Attachment A - Existing Code
Attachment B - Proposed Ordinance - Redline Version
This report was prepared by Senior Planner Cynthia Marsh, (209) 937-8316; cynthia.marsh@stocktonca.gov