File #: 23-1189    Version: 1
Type: Appeals/Public Hearings
In control: Planning Commission
Final action:
Title: A REQUEST FOR ZONING MAP AMENDMENT FOR 709 NORTH CENTER STREET (APN 137-180-30) (P23-0251)
Attachments: 1. Attachment A - Vicinity Map, 2. Attachment B - General Plan Map, 3. Attachment C - Zoning Map, 4. Attachment D - Approved Plans (P21-1284), 5. Attachment E - Rezone Exhibit, 6. Proposed Resolution, 7. Exhibit 1 - Proposed Ordinance, 8. Exhibit 1A - Rezone Exhibit

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A REQUEST FOR ZONING MAP AMENDMENT FOR 709 NORTH CENTER STREET (APN 137-180-30) (P23-0251)

 

recommended action

RECOMMENDATION

 

Staff recommends that the Planning Commission adopt a resolution recommending the City Council:

 

1.                     Find no further environmental review is necessary for the rezone project pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations; and

 

2.                     Adopt  an Ordinance  amending the City of Stockton’s Zoning Map to rezone 0.81-acres of 709 North Center Street (APN 137-180-30) from Commercial, Neighborhood (CN) to Residential, High Density (RH).

 

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Summary

 

The applicant, Dillon & Murphy Engineering, on behalf of the property owner (Delta Community Developers Corp (HACSJ)) is requesting a Zoning Map Amendment (Rezone) to eliminate the creation of a split zoned parcel through a lot merger that is required by a previously approved affordable housing project (P21-1284).

 

The proposed project consists of rezoning the subject parcel (APN 137-180-30) from Commercial, Neighborhood (CN) to Residential, High Density (RH).  The proposed RH zoning is compatible with the existing General Plan land use designation of Commercial. This request requires a Zoning Map Amendment to be approved by the City Council based on a recommendation from the Planning Commission per SMC Section 16.116.020.

 

Staff recommends that the requested Zoning Map Amendment be recommended for approval by the Planning Commission and be adopted by Ordinance by City Council, based on the required findings provided herein.

 

DISCUSSION

 

Background

 

The Project site, consisting of three parcels (APN 137-180-30, -31 and -32) as shown in Attachment A - Vicinity Map, is developed with a vacant building, known as Park Center office building, and parking on the north and west sides of the building. The project site is located at the northwest corner of North Center and West Park Streets and is surrounded by:

                     Commercial uses to the East -  Zoned CN

                     Commercial uses to the South - Zoned Commercial, Downtown (CD)

                     Residential uses to the North and West - Zoned RH

 

The 2040 General Plan Land Use Map (Attachment B) designates the subject parcel as Commercial, this designation allows for residential uses. As shown in Attachment C - Zoning Map, the project parcel is zoned CN.

 

Present Situation

 

On January 11, 2022, the Community Development Director approved an affordable housing project consisting of an adaptive reuse of the existing Park Center office building into 24 dwelling units,  construction of a new three-story building addition with 27 dwelling units, and additional associated site improvements (Attachment D - Approved Plans (P21-1284)). The new building addition and relocation of  vehicle access along the Park Street frontage would cross property lines, therefore requiring the properties be merged into one parcel. The approved project consists of the subject parcel (APN 137-180-30) as well as two (2) adjacent parcels located at 21 and 39 West Park Street (APNs: 137-180-31 and -32).

 

The proposed Zoning Map Amendment (Rezone) designation of RH is identified in Attachment E - Rezone Exhibit.

 

STAFF ANALYSIS

 

Zoning Map Amendment (Rezone)

To facilitate the lot merger, a requirement of P21-1284, the Planning Commission is asked to consider forwarding an approval recommendation to the City Council for the proposed rezone, based on staff analysis and summarized findings below.

 

The proposed Project was reviewed in accordance with the City’s General Plan and the development standards of Title 16 (Development Code) of the Stockton Municipal Code (SMC). Consistency with the General Plan and Development Code is outlined in this report. No issues were identified in the review and is in compliance with applicable City standards.

 

Rezoning to RH does not create inconsistencies with the Development standards in Title 16 of the Stockton Municipal Code. The RH and CN zoning district share the same density requirements as described in Table 2-3.B (Zoning District Density and Floor Area Ratio) in SMC Section16.24.200. The rezone will prevent the creation of a split zoned parcel as a result of the required parcel merger (P21-1284), described above.

 

The 2040 General Plan Land Use Map designates the project site as Commercial. The Commercial designation allows RH zoning per Table 2-1 (General Plan Relationship to Development Code); therefore, no amendment to the General Plan is required. The surrounding General Plan Designation for the adjacent RH zoned parcels is High Density Residential. As the proposed rezone is consistent with the General Plan and surrounding zoning, the proposed rezone will not result in any inconsistencies, endanger the public health and safety, or result in an unforeseen environmental impact beyond what was previous envisioned for the area. As reflected in the attached Proposed Resolution, all necessary findings can be made to approve the proposed rezone.

 

Environmental Clearance

The proposed Zoning Map Amendment (Rezone) is a discretionary “project” under the California Environmental Quality Act (CEQA), and therefore requires analysis. 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 require no further analysis. An EIR was prepared and certified by the City Council as part of the Stockton 2040 General Plan (SCH# 2017052062).

 

Public Comments

 

On April 1, 2024, pursuant to SMC Section16.88.030, notices for the Planning Commission public hearing for this project were sent to all property owners within 300 feet of the project site and a notice was published in The Record. Upon the Planning Commission’s recommendation, the proposed Zoning Map Amendment (Rezone) shall be forwarded to the City Council for a final determination. As of the writing of this staff report, no written comments have been submitted.

 

Attachment A - Vicinity Map

Attachment B - General Plan Map

Attachment C - Zoning Map

Attachment D - Approved Plans (P21-1284)

Attachment E - Rezone Exhibit

 

 

This staff report was prepared by Arturo Carrasco, Associate Planner, (209) 937-8955; Arturo.Carrasco@Stocktonca.gov