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REQUEST FOR A TENTATIVE PARCEL MAP TO SUBDIVIDE AN EXISTING PARCEL INTO TWO PARCELS AT 9163 CONNIE AVENUE (P22-0931) (APN 072-450-28)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions); and
2. Adopt a Resolution approving a Tentative Parcel Map, subject to conditions.
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Summary
The applicant, RSC Engineering, on behalf of the property owner Sonny Sohal, is proposing to subdivide an existing .40-acre undeveloped parcel (9163 Connie Avenue) into two (2) parcels for the purposes of constructing a single-family residence on each parcel located within the City of Stockton, and herein known as the “Project.”
Staff has determined the Project is consistent with the 2040 General Plan Land Use Map designation of Low Density Residential applicable to the site. The project also furthers General Plan policies aimed at prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2) and encouraging the splitting of parcels to facilitate more effective residential development (Policy HE-1.3 - Parcel Consolidation). All of this is accomplished in a development proposal that is compliant with all applicable development standards within Stockton Municipal Code (SMC) Title 16 (Development Code).
Per SMC Section 16.188.050(B)(1), the Community Development Director is the Review Authority for a Tentative Parcel Map. As part of the Director’s review, a mailed notice is provided to surrounding property owners, that may provide comments or request a public hearing. The Director received a request for a public hearing and is referring this application to the Planning Commission for a public hearing review and decision.
Staff recommends the Planning Commission approve the proposed Tentative Parcel Map application based on finding for consistency with General Plan and compliance with the SMC, subject to conditions.
DISCUSSION
Background
The proposed Project is located on the north side of Connie Avenue approximately 185 feet east of Thornton Road. The site is presently undeveloped. (Attachment A - Aerial Photo). The site is bounded to the:
• North: Land within the County of San Joaquin with residential land uses
• South: CG (Commercial General), RL (Low Density Residential)
• East: RL (Low Density Residential)
• West: CG (General Commercial)
The 2040 General Plan Land Use Map designates the subject site as Low Density Residential (Attachment B - General Plan Map). The subject site is also zoned Residential, Low Density (RL). (Attachment C - Zoning Map)
Present Situation
RSC Engineering has applied for all required entitlements for the Project. The Project tentative parcel map illustrates the overall proposed development of the lots for residential use. The proposed subdivision of the land is described in detail below.
Tentative Map
The applicant desires to subdivide the existing singular parcel into two (2) parcels, as shown in Attachment D - Proposed Tentative Parcel Map. The existing parcel is approximately .40 +/- acres and would be subdivided as detailed below:
Lot 1: 10,283 Square Feet
Lot 2: 7,356 Square Feet
Lot 1 will be developed with a single-family residence, and lot 2 with a single-family residence and an accessory dwelling unit (ADU), which are allowed by-right. Each lot shall be required to conform to the development standards in the SMC. Access to Lot 2, which is the parcel located in the rear, would be via a 20’ wide easement along the western boundary of Lot 1, which faces Connie Avenue.
In accordance with SMC Section 16.24.040, each development Project complies with all applicable Development Code standards for RL zoning, and minimum separations to structures, and property lines.
STAFF ANALYSIS
To develop the Project, the Planning Commission is asked to approve the Tentative Parcel Map, subject to conditions. The request and staff’s analysis is provided below.
Tentative Parcel Map
SMC Section 16.188.050(B)(1) provides that, for a Tentative Parcel Map, the Director shall notice and approve, conditionally approve, or disapprove a tentative parcel map for four (4) or less parcels in accordance with Section 16.88.050(B). As part of an Administrative Review Procedure, notice of the project application and pending decision is provided to surrounding property owners, located within 300 feet of the subject property. The Director shall: (a) consider any agency comments on the map, and any public testimony; (b) review and evaluate each tentative parcel map as to its compliance and consistency with applicable provisions of this Development Code, the Municipal Code, the General Plan, any specific plan, master development plan, or precise road plan, any master plan, the City’s standard specifications and plans, and the Subdivision Map Act; any initial study or environmental impact report, where applicable; (c) shall approve or conditionally approve a tentative parcel map only after the Director has first made all findings required by SMC Section 16.188.060 (Findings and decision); and (d) may impose conditions of approval in compliance with SMC Section 16.188.070 (Conditions of approval).
After notification to property owners within 300 feet of the Project site, comments in objection to the application and a request for a public hearing were received. Based on this, the Director is referring this review, public hearing and decision to the Planning Commission. The request for a public hearing generally relates to the overall objection to subdividing the lot for the purposes of building more residences. The comments received are included as Attachment E - Public Comments.
Required Findings
The approve the project, the Planning Commission must make the following findings per the SMC:
Tentative Parcel Map
SMC 16.188.060(A)(1) (Approval Findings for Tentative Parcel Maps)
SMC 16.188.060(A)(2) (Supplemental Findings for a Tentative Parcel Map)
As indicated in the proposed Resolution, the subject uses are allowed by-right in the RL zone per the list of allowable uses in SMC Table 2-2 and shall comply with applicable provisions of the Development Code. When considering the Tentative Map to allow the subdivision of the land, the Commission action is guided by the following criteria:
Tentative Parcel Map Findings - SMC 16.188.060(A)(1)
1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Map Act Section 66473.5), and any applicable Specific Plan, Precise Road Plan, or Master Development Plan. The existing residential use of the two (2) parcels is consistent with the General Plan designation of Low Density Residential.
2. None of the findings for disapproval in Stockton Municipal Code (SMC) Section 16.188.060(B) can be made, because the proposed project does not result in any substantial environmental damage and the improvement of the project site is not detrimental to the public health safety.
3. The proposed subdivision is exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15315, Class 15 for Minor Land divisions as the property is a residential lot in an urbanized area and the proposed land division is for four (4) or fewer parcels.
4. As indicated in the preceding finding, the proposed subdivision is categorically exempt from CEQA and, therefore, would not result in a significant impact, as defined by Water Code Section 85057.5(a)(4). Given this fact, the proposed subdivision is not considered a covered action within the meaning of California Water Code Section 85057.5(a).
5. Compliance with SMC Chapter 16.90 for the developed site will be demonstrated through the Building Permit process. Based on the effective 200-Year Floodplain Analysis Map, the property is located in an area of potential flooding of three (3) feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas; per SMC Section 16.90.020 A(5).
Tentative Parcel Map Supplemental Findings Section 16.188.060(A)(2)
In addition to the above-noted findings required for approval of a Tentative Parcel Map by SMC Section 16.188.060(A)(1), the Commission shall make the following findings.
6. Construction of Improvements. It is in the interest of public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of improvements within a specified time after recordation of a parcel map of four (4) or fewer parcels where improvements are required.
The project will provide construction of improvements on the parcels.
7. Condominiums. Any applicable findings required by Section 16.196.030 for condominium conversions.
The project will not be a condominium project, so this finding is not applicable.
8. Dedications or Exactions. Any applicable findings required by Section 16.72.060(A) (Findings required for dedications and exactions), if dedications or exactions are required.
Consistent with SMC Section 16.72.060(B) and as indicated on the proposed subdivision map, there are no existing easements that have been acquired through, or use of, the property within the proposed subdivision of the parcel. An easement will be created from Connie Avenue on Lot 1 to the rear of the site to provide access to Lot 2, which is being created in the rear. There is an existing 10’ Public Utility Easement (PUE) along Connie Avenue that will remain.
9. Waiver of Parcel Map. The findings required by Section 16.192.020(A)(1) (Waiver of parcel map), if waiver of a Parcel Map has been requested with the tentative map application.
This is not applicable to the project as no waiver of the map has been requested.
SMC Charter 16.90 (Floodplain Management Findings)
The applicable review authority shall not approve the execution of a development agreement, a tentative map or a parcel map for which a tentative map that would result in the construction of a new residence for property that is located within a flood hazard zone unless the review authority finds, based on substantial evidence in the record, that there is adequate flood protection available.
Based on the effective 200-Year Floodplain Analysis Map, the property is located in an area of potential flooding of three (3) feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas; per SMC Section 16.90.020 A(5).
Public Comments
All property owners within 300 feet of the project site were mailed a 10-day public notice of the proposed project on January 17, 2024, in conformance with SMC Section 16.88.050. There were three (3) comments received by staff, one (1) requesting a public hearing, which are included as Attachment E.
Notice for this item was published in the Record on March 18, 2024, and a notice has been sent to all property owners within a 300-foot radius of 10505 Trinity Parkway on March 18, 2024. As of the writing of this staff report, staff has not received any additional comments from the public as a result of the notices.
Environmental Clearance
The project does not have a significant effect on the environment and is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions). This exemption applies to this project as it consists of the division of property in urbanized areas zoned for residential uses into two (2) parcels in conformance with the General Plan and Zoning. No variances or exceptions are required, and all services and access to local standards are available. The parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
Attachment A - Aerial Photo
Attachment B - General Plan Map
Attachment C - Zoning Map
Attachment D - Proposed Tentative Parcel Map
Attachment E - Public Comments
This staff report was prepared by Nicole D. Moore, Contract Planner. She may be contacted at Nicole.Moore.CTR@stocktonca.gov.