city of stockton...2020/02/27  · planning commission city of stockton meeting agenda - final...

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Planning Commission City of Stockton Meeting Agenda - Final Stockton Planning Commission Waqar Rizvi, Chair (District 6) Anne N. Mallett, Vice Chair (District 4) Gerardo Garcia, Commissioner (District 1) Jeff Sanguinetti, Commissioner (District 3) Xavier Mountain, Commissioner (District 5) Kimberly A. Warmsley (District 6) D'Adrea Davie, Commissioner (At-Large) Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 5:30 PM Thursday, February 27, 2020 1. CALL TO ORDER/ROLL CALL 2. PLEDGE TO FLAG 3. ADOPTION OF CONSENT CALENDAR 3.1 20-6296 APPROVAL OF PLANNING COMMISSION MINUTES Department: Community Development Attachment A - 2019-10-24 Planning Commission Minutes Attachment B - 2020-01-23 Planning Commission Minutes Attachment C - 2020-02-13 Planning Commission Minutes Attachments: 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS 5.1 20-6224 ZONING MAP AMENDMENT FOR 5607 PACIFIC AVENUE LOCATED AT THE NORTHWEST CORNER OF PACIFIC AVENUE AND WEST ROBINHOOD DRIVE (APN 108-130-230) (P19-0899) Department: Community Development Attachment A - Location and Vicinity Map Attachment B – General Plan Land Use Map Attachment C – Zoning Map Attachment D - Community Meeting Notice Proposed Resolution - Recommending Approval Exhibit 1 - Proposed Ordinance Attachments: 6. NEW BUSINESS* Page 1 City of Stockton Printed on 2/21/2020 1

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Page 1: City of Stockton...2020/02/27  · Planning Commission City of Stockton Meeting Agenda - Final Stockton Planning Commission Waqar Rizvi, Chair (District 6) Anne N. Mallett, Vice Chair

Planning Commission

City of Stockton

Meeting Agenda - Final

Stockton Planning

Commission

Waqar Rizvi, Chair (District 6)

Anne N. Mallett, Vice Chair (District 4)

Gerardo Garcia, Commissioner (District 1)

Jeff Sanguinetti, Commissioner (District 3)

Xavier Mountain, Commissioner (District 5)

Kimberly A. Warmsley (District 6)

D'Adrea Davie, Commissioner (At-Large)

Council Chamber, City Hall, 425 N. El Dorado

Street, Stockton CA

5:30 PMThursday, February 27, 2020

1. CALL TO ORDER/ROLL CALL

2. PLEDGE TO FLAG

3. ADOPTION OF CONSENT CALENDAR

3.1 20-6296 APPROVAL OF PLANNING COMMISSION MINUTES

Department: Community Development

Attachment A - 2019-10-24 Planning Commission Minutes

Attachment B - 2020-01-23 Planning Commission Minutes

Attachment C - 2020-02-13 Planning Commission Minutes

Attachments:

4. PUBLIC COMMENT*

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 20-6224 ZONING MAP AMENDMENT FOR 5607 PACIFIC AVENUE

LOCATED AT THE NORTHWEST CORNER OF PACIFIC AVENUE

AND WEST ROBINHOOD DRIVE (APN 108-130-230) (P19-0899)

Department: Community Development

Attachment A - Location and Vicinity Map

Attachment B – General Plan Land Use Map

Attachment C – Zoning Map

Attachment D - Community Meeting Notice

Proposed Resolution - Recommending Approval

Exhibit 1 - Proposed Ordinance

Attachments:

6. NEW BUSINESS*

Page 1 City of Stockton Printed on 2/21/2020

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February 27, 2020Planning Commission Meeting Agenda - Final

A. The meeting will be conducted in accordance with Rosenberg’s Rules of Order.

B. Each person wishing to address the Planning Commission is encouraged to fill out a speaker card located at the

podium. Each speaker will then be called forward to the podium to speak in the order in which their speaker card

was received. Speakers are encouraged but not required to provide their name and address when speaking before

the Commission.

C. All questions from members of the audience to the Planning Commission and/or city staff members shall be

directed to the Chairperson of the Planning Commission.

All questions from Planning Commission members to staff shall be addressed directly to staff from the member

asking the question.

No personal comments and/or exchanges will be permitted between members of the audience and individual staff

or Commission members. Rather, direction shall be given to staff to follow-up on any issues brought before the

Commission. This rule applies to communications outside of the public hearing process.

D. Information presented to the Commission shall only pertain directly to the item under consideration. Character

assassinations, personal feuds, irrelevant data or repetitions of matters already presented shall not be permitted.

E. All rules of Decorum pursuant to Council Policy 100-3- Rules for Conduct of City Council Meetings apply equally

to this Commission.

Agendas, staff reports and minutes can be viewed on the City of Stockton web

site http://www.stocktongov.com/government/oMeetings/boardComMeetings.html

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

State legislation requires disclosure of campaign contributions of $250 or more, made to any Planning

Commissioner, by any person who actively supports or opposes any application pending before the Planning

Commission, and such person has a financial interest in the decision. Active support or opposition includes

lobbying a Commissioner and/or testifying for or against such an application. Any person having made a $250 or

larger contribution within the preceding 12 months must disclose that fact during the public hearing or on said

application.

The official City Planning Commission policy is that applications pending before this Commission should not be

discussed with the Commission members outside of a public hearing. If any representations are made privately,

they must be identified and placed in the public record at the time of the hearing.

If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else

raised at the public hearing described in this notice, or in written correspondence delivered to the Planning

Commission, at, or prior to, the public hearing.

NOTE: All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish

language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to

offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those

with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda

packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the

City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by

calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline

will enable the City/Agency to make reasonable arrangements to ensure accessibility.

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February 27, 2020Planning Commission Meeting Agenda - Final

CONSENT ITEMS: Information concerning the consent items has been forwarded to the Planning Commission

prior to the meeting. Unless a Commissioner or member of the audience has questions concerning a particular

item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote.

Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak Card"

and submit it to the Recording Secretary prior to the meeting.

* For any person wishing to address the Planning Commission on any matter not on the printed agenda.

Chairperson may set time limit for individual speakers/groups.

Page 4 City of Stockton Printed on 2/21/2020

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City of Stockton

Legislation Text

File #: 20-6296, Version: 1

APPROVAL OF PLANNING COMMISSION MINUTES

RECOMMENDATION

Approval for filing minutes of the October 24, 2019, January 23, 2020, and February 13, 2020,Planning Commission meetings.

Attachment A - 2019-10-24 Planning Commission MinutesAttachment B - 2020-01-23 Planning Commission MinutesAttachment C - 2020-02-13 Planning Commission Minutes

City of Stockton Printed on 2/21/2020Page 1 of 1

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Attachment A

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Attachment A

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Attachment B

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Attachment B

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Attachment B

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Attachment B

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Attachment C

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Attachment C

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Attachment C

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Attachment C

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City of Stockton

Legislation Text

File #: 20-6224, Version: 1

ZONING MAP AMENDMENT FOR 5607 PACIFIC AVENUE LOCATED AT THE NORTHWESTCORNER OF PACIFIC AVENUE AND WEST ROBINHOOD DRIVE (APN 108-130-230) (P19-0899)

RECOMMENDATION

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

1. Find no further environmental review is necessary for the Pacific Avenue Rezone Project (P19-0899) pursuant to Section 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 the City of Stockton’s Zoning Map (Rezone) at Assessor’sParcel Number (APN) 108-130-230 to Commercial, General (CG) to Commercial, Large-Scale(CL).

Project Description

The proposed project consists of a Rezone to amend the Stockton Zoning Map designation of thesubject parcel from Commercial, General (CG) to Commercial, Large-Scale (CL). The applicant isrequesting the rezone to accommodate reuse of the proposed project site consistent with the existingshopping center’s zoning. Reuse of the site could include redevelopment of the existing buildingsconsistent with the surrounding zoning designation and commercial uses within the shopping center.

DISCUSSION

Background

The subject site is within the Pacific Avenue-Lincoln Village community area and consists of adeveloped commercial parcel (0.46-acre) identified as Assessor’s Parcel Number 108-130-230. Theparcel is located at 5607 Pacific Avenue within the Stonecreek Village Shopping Center (former MimiCafé Restaurant) near the northwest corner of Pacific Avenue and W Robinhood Drive. (AttachmentA - Location and Vicinity Map). The site is bounded by:

· North/West by the existing Stonecreek Village shopping center with a General Plandesignation of Commercial and zone of Commercial, Large-Scale (CL); and

· South by the existing commercial uses with a General Plan designation of Commercial andzone of Commercial, General (CG); and

· East by the existing Robinhood Plaza shopping center with a General Plan designation ofCommercial and zone of Commercial, Large-Scale (CL).

The 2040 General Plan Land Use Map designates the subject site as Commercial as shown onCity of Stockton Printed on 2/12/2020Page 1 of 3

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File #: 20-6224, Version: 1

The 2040 General Plan Land Use Map designates the subject site as Commercial as shown onAttachment B - General Plan Land Use Map, while the Zoning Map designations for propertiesreferenced above are identified in Attachment C - Zoning Map.

In accordance with Stockton Municipal Code (SMC) section 16.116.030, the applicant/propertyowner,HPC Stonecreek Investors, applied (on December 4, 2019) to rezone the property from CGzone to CL zone. .

ANALYSIS

The proposed Project was reviewed in accordance with the City’s General Plan and the developmentstandards of Title 16 (Development Code) of the Stockton Municipal Code (SMC). Consistency withthese documents in outline in the analysis below. No issues were raised in the review andcompliance to applicable City standards is outlined below.

Zoning Map Amendment

The proposed rezone is consistent with the project site’s General Plan land use designation ofCommercial. The Commercial designation allows for both CL and CG zoned parcels (General PlanTable 2-1). While new CL zones are typically intended for parcels 25-acres or greater in size, the 0.46-acre subject parcel is already integrated with the existing 15.43-acre Stonecreek Village shoppingcenter and relies on sharing common driveway access and parking/drive aisle use.

The project site borders similar CL zoned parcels in the Stonecreek Village shopping center to thenorth and west. CL zoned parcels are located to east within the Robinhood Plaza and are separatedfrom the project site by Pacific Avenue. Thus, the proposed rezone from CG to CL would not createany inconsistencies with the existing zoning of the surrounding vicinity. The parcels to the south arezoned CG, are not within an established shopping center, and are separated from the project site byW. Robinhood Drive. No physical construction is proposed with this rezone as future submittals wouldhave to comply with the CL zoning standards.

As the proposed rezone is consistent with the General Plan and surrounding zoning, the proposedrezone will not result in any inconsistencies, endanger the public health and safety, or result in anunforeseen environmental impact beyond what was previous envisioned for the area. As reflected inthe attached Proposed Resolution, all necessary findings can be made to approve the proposedrezone.

Environmental Clearance

The proposed rezone is a discretionary “project” under the California Environmental Quality Act(CEQA), and therefore requires analysis. State CEQA Guidelines Section 15183, provides thatprojects 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 nofurther analysis. An EIR was prepared and certified by the City Council as part of the Stockton 2040General Plan (SCH# 2017052062).

The proposed project site is within the Stonecreek Village shopping center and is boarded to thenorth and west by CL zoned properties within the same shopping center. CL zoned parcels are

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File #: 20-6224, Version: 1

north and west by CL zoned properties within the same shopping center. CL zoned parcels arelocated to the east within Robinhood Plaza and are separated from the project site by Pacific Avenue.Thus, the proposed rezone from CG to CL would not create any inconsistencies with the existingzoning of the surrounding vicinity. The parcels to the south are zoned CG and are not within anestablished shopping center. In addition, the parcels to the south are separated from the project siteby W. Robinhood Drive. No physical construction is proposed with this rezone as future submittalswould have to comply with the CL zoning standards. The development standards (setback, mass,density) of the CG and CL are similar and will not result in a significant change to the Commercialuses analyzed for the site under the existing General Plan EIR.

Public Comments

In accordance with SMC Section16.88.025, the applicant held a neighborhood meeting on January21, 2020 to present the development proposal and received feedback. Mailing notice was provided toproperty owners within 300-feet of the project site at least ten days in advance. The meeting washeld in the 5757 Pacific Avenue at Stonecreek Village (Attachment D - Community MeetingInformation). The meeting was hosted by the applicant and addended by City staff. No members ofthe public attended. At the meeting, no persons, other than the applicant, spoke either in support oropposition to the project.

On February 5, 2020, notice for the Planning Commission public hearing was sent to all propertyowners within a 300-foot radius at least ten days prior. As of the writing of this staff report, no writtencomments have been submitted. Upon, the Planning Commission’s recommendation, the proposedrezone would be forwarded to the City Council for a final determination.

Attachment A - Location Map and Aerial PhotoAttachment B - General Plan Land Use MapAttachment C - Zoning MapAttachment D - Community Meeting Information

This staff report was prepared by Planning Manager Matt Diaz; (209) 937-8598,[email protected].

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City of Stockton, CA January 28, 2020

P19-08 99 Locati on and Vicini ty Map

Property Information

Property ID 10813023-25842Location 5607 PACIFIC AVOwner HPC STONECREEK INVESTORS LP

MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT

City of Stockton, CA makes no claims and no warranties,expressed or implied, concerning the validity or accuracy ofthe GIS data presented on this map.

Geometry updated 01/16/2020Data updated 01/16/2020

1" = 525 ft

Attachment A

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City of Stockton, CA January 16, 2020

Attach ment B – Genera l Plan Land Use Map

Property Information

Property ID 10813023-25842Location 5607 PACIFIC AVOwner HPC STONECREEK INVESTORS LP

MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT

City of Stockton, CA makes no claims and no warranties,expressed or implied, concerning the validity or accuracy ofthe GIS data presented on this map.

Geometry updated 01/16/2020Data updated 01/16/2020

1" = 262 ft

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Map Theme Legends

General Plan Map

City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

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City of Stockton, CA January 17, 2020

Attach ment C – Zoning Map

Property Information

Property ID 10813023-25842Location 5607 PACIFIC AVOwner HPC STONECREEK INVESTORS LP

MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT

City of Stockton, CA makes no claims and no warranties,expressed or implied, concerning the validity or accuracy ofthe GIS data presented on this map.

Geometry updated 01/16/2020Data updated 01/16/2020

1" = 262 ft

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Map Theme Legends

Zoning

City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

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Attachment D

18321 Ventura Boulevard · Suite 980 · Los Angeles · California · 91356 · Telephone: 310.591.8686 · Fax: 310.591.8755

HPC STONECREEK INVESTORS, LP January 10, 2020 NAME OF PERSON NAME OF COMPANY ADDRESS CITY, STATE, ZIP Dear Neighbor: You are invited to attend a neighborhood meeting to discuss HPC Stonecreek Investors, LP’s application to rezone 5607 Pacific Avenue – the parcel with the vacant Mimi’s Café. HPC Stonecreek Investors, LP is the property owner of this parcel as well as the surrounding shopping center known as Stonecreek Village. The property owner is requesting a rezone of 5607 Pacific Avenue from General Commercial (CG) to Large Scale Commercial (CL) so the parcel has the same zoning as the zoning for the surrounding Stonecreek Village. You are being notified as your parcel is within 300-feet of the parcel proposed to be rezoned. This application is for a rezone only and requires Planning Commission review and City Council approval. All future redevelopments of this parcel will be done under a separate, future submittal to the City for review. If you have any questions, please contact me (Justin Schnuelle) at 310-736-4989 or via email at [email protected]. Matt Diaz is the City representative assigned to review this application (P19-0899). He can be reached at (209) 937-8598 or via email at [email protected]. The neighborhood meeting will be held: Date: Tuesday, January 21, 2020 Time: 5:30 PM to 7:00 PM Location: 5757 Pacific Avenue at Stonecreek Village (old REI space).

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Resolution No.

STOCKTON PLANNING COMMISSION

RESOLUTION RECOMMENDING THE CITY COUNCIL AMEND THE ZONING MAP FOR ASSESSOR’S PARCEL NUMBER 108-130-230 BY ASSIGNING A COMMERCIAL, LARGE-SCALE (CL) ZONING DESIGNATION IN PLACE OF THE CURRENT COMMERCIAL, GENERAL (CG) DESIGNATION (APPLICATION NO. P19-0899)

The applicant/property owner (HPC Stonecreek Investors) has submitted an

application to amend the Zoning Map for 5607 Pacific Avenue (Assessor’s Parcel Number 108-130-230) by replacing the current Commercial, General (CG) designation with a Commercial, Large-Scale (CL) designation, and hereafter referred to as the “Project”; and

The Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code section 21000 et seq.; and

Based on staff’s review of the Project, no further environmental review is required per CEQA section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) as the request is consistent with the site’s General Plan Commercial designation and land use policies and no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed as part of the General Plan Environmental Impact Report (EIR); and

On February 13, 2020, the Planning Commission conducted a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) section 16.116.040(D), to consider the requested actions, at which time all interested parties had the opportunity to be heard; and

At the same meeting, the Planning Commission considered CEQA prior to acting on the requested actions. The Planning Commission’s determination is reflected in the findings below; now, therefore,

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS:

A. The foregoing recitals are true and correct and incorporated herein by reference.

B. Based on the staff report, staff presentation, comments received and the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record:

1. Pursuant to SMC section 16.116.050(B) “Mandatory Findings of Fact,” an

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amendment to the Stockton Zoning Map may be approved only if all of the findings of fact listed below, can be made.

a. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed rezone is consistent with the project site’s General Plan land use designation of Commercial. The Commercial designation allows for both CL and CG zoned parcels (General Plan Table 2-1). While new CL zones are typically intended for parcels 25-acres or greater in size, the 0.46-acre subject site is already a part of the existing Stonecreek Village shopping center. 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.

b. Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

Evidence: The proposed Zoning Map amendment will bring the zoning designation of the proposed project site into compliance with the existing shopping center that it is currently located within. This amendment will not result in a physical change to the site and future development would have to comply with all applicable CL zoning standards as well as all building and fire regulations for health and safety. Therefore, the proposed rezone will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety or general welfare of persons residing or working in the City.

c. Finding #3: The proposed amendment complies with CEQA and the City’s CEQA Guidelines.

Evidence: The proposed rezone is a discretionary “project” under 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 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).

The proposed project site is within the existing Stonecreek Village shopping center. That center includes other CL zone properties that surround the proposed project site to the north and west. CL zoned parcels are located to the east within Robinhood Plaza and are separated from the project site by Pacific Avenue. Thus, the proposed rezone from CG to CL would not create

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any inconsistencies with the existing zoning of the surrounding vicinity. The parcels to the south are zoned CG and are not within an established shopping center. In addition, the parcels to the south are separated from the project site by W. Robinhood Drive. No physical construction is proposed with this rezone as future submittals would have to comply with the CL zoning standards. The development standards (setback, mass, density) of the CG and CL are similar and will not result in a significant change to the Commercial uses analyzed for the site under the existing General Plan EIR.

SECTION II. ZONING MAP AMENDMENT

2. The Planning Commission hereby recommends the City Council adopt theproposed Ordinance for a Zoning Map Amendment, attached hereto as Exhibit 1, to replace the present Commercial, General (CG) Zone designation for Assessor’s Parcel Number 108-130-230 with a designation of Commercial, Large-Scale (CL) Zone.

PASSED, APPROVED, and ADOPTED February 27, 2020 .

KIMBERLY A. WARMSLEY, CHAIR City of Stockton Planning Commission

ATTEST:

MICHAEL MCDOWELL, SECRETARY City of Stockton Planning Commission

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Exhibit 1

ORDINANCE NO.

AN ORDINANCE AMENDING THE STOCKTON ZONING MAP FOR ASSESSOR’S PARCEL NUMBER 108-130-230 BY ASSIGNING A COMMERCIAL, LARGE-SCALE (CL) ZONING DESIGNATION IN PLACE OF THE CURRENT COMMERCIAL, GENERAL (CG) DESIGNATION (APPLICATION NO. P19-0899)

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION 1. FINDINGS AND INTENT

The City Council of the City of Stockton finds, pursuant to SMC section 16.116.050(B), that:

a. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed rezone is consistent with the project site’s General Plan land use designation of Commercial. The Commercial designation allows for both CL and CG zoned parcels (General Plan Table 2-1). While new CL zones are typically intended for parcels 25-acres or greater in size, the 0.46-acre subject site is already a part of the adjacent Stonecreek Village shopping center. As the proposed rezone is consistent with the General Plan and surrounding zoning, the proposed rezone will not result any inconsistencies, endanger the public health and safety, or result in an unforeseen environmental impact beyond what was previous envisioned for the area.

b. Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

Evidence: The proposed Zoning Map amendment will bring the zoning designation of the proposed project site into compliance with the existing shopping center that it is currently located within. This amendment will not result in a physical change to the site and future development would have to comply with all applicable CL zoning standards as well as all building and fire regulations for health and safety. Therefore, the proposed rezone will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety or general welfare of persons residing or working in the City.

c. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

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Exhibit 1

Evidence: 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 require no further analysis. An EIR was prepared and certified by the City Council as part of the Stockton 2040 General Plan (SCH# 2017052062).

The proposed project site is within the existing Stonecreek Village shopping center. That center includes other CL zone properties that surround the proposed project site to the north and west. CL zoned parcels are located to east within the Robinhood Plaza and are separated from the project site by Pacific Avenue. Thus, the proposed rezone from CG to CL would not create any inconsistencies with the existing zoning of the surrounding vicinity. The parcels to the south are zoned CG, are not within an established shopping center, and the parcels to the south are separated from the project site by W. Robinhood Drive. No physical construction is proposed with this rezone as future submittals would have to comply with the CL zoning standards. The development standards (setback, mass, density) of the CG and CL are similar and will not result in a significant change to the Commercial uses analyzed for the site under the existing General Plan EIR.

SECTION II. REZONE CLASSIFICATION

A. That the Zoning Map, particularly referred to in SMC Section 16.16.030, and by reference made a part hereof, said Code is hereby amended to provide a Commercial, Large-Scale (CL) Zone designation for Assessor’s Parcel Number 108-130-230.

SECTION III. SEVERABILITY If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof had been deleted. // // // // // //

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Page 30: City of Stockton...2020/02/27  · Planning Commission City of Stockton Meeting Agenda - Final Stockton Planning Commission Waqar Rizvi, Chair (District 6) Anne N. Mallett, Vice Chair

Exhibit 1

SECTION IV. EFFECTIVE DATE

This Ordinance shall take effect and be in full force thirty (30) days after its passage. ADOPTED: EFFECTIVE:

________________________ MICHAEL D. TUBBS Mayor of the City of Stockton

ATTEST: ELIZA R. GARZA, CMC City Clerk of the City of Stockton

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