Planning Commission
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Planning Commissioners
From: Ken Zuidervaart, Planning Director
Date: 12/19/2022
Subject: 820 N. Stockton Avenue Parcel Map (PM22-76) and Rezone (Z22-75) Discussion:
The request is to rezone two properties and subdivide one into four single family residential parcels in order to construct four single family residential homes. The project sites are located at 225 Franklin Lane and 820 N. Stockton Avenue.
Rezone:
The owner is requesting to rezone two properties from Urban Reserve (UR) to Single Family Residential (R1) to allow for the construction of single family homes. Urban Reserve zoning designations are placed on parcels planned to be residential properties located within the current City limits, but have yet to officially develop. In order for development to occur (building of single family homes) the property must be zoned correctly, hence the request for the rezoning. The requested zone classification of R1 is consistent with the General Plan land use designation for the properties, which is Low Density Residential (LD).
In order to rezone the properties, the Planning Commission must make a recommendation to the City Council regarding the rezoning classification. If the City Council concurs, then an ordinance must be adopted to finalize the process.
Tentative Parcel Map:
The applicant is wishing to subdivide one of the properties (820 N. Stockton Avenue) in order to create a total of four single family residential lots. Two of the lots will face N.
Stockton Avenue, one of which already contains a single family home. The existing single family home will be modified to comply with all required setbacks for the R1 district. The remaining two lots will face Franklin Lane, and will be designed as cul-de-sac lots. All lots
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meet and exceed R1 standards in size and dimensions. The following improvements will be required upon development of the lots:
1. Water and sewer services will have to be brought in from N. Stockton Avenue for the two lots on N. Stockton Avenue and from Franklin Lane for the two lots on Franklin Lane. The streets will have to be slurry sealed as approved by the City Engineer upon completion of those improvements.
2. Roadway dedication, along with a PUE (Public Utility Easement) dedication will be required for the lots on Franklin Lane.
3. Installation of curb, gutter, sidewalk and asphalt will be required for the lots on Franklin Lane.
4. All dry utility improvements on Franklin Lane will be required to be underground.
5. Additionally, curb, gutter, sidewalk will be required for the Franklin Lane lot.
On December 6, 2022, a meeting was held with the project review committee and the applicant to review the project and discuss concerns and conditions of approval. The comments and conditions of approval received during the review period have been incorporated into the staff report where appropriate.
Findings:
1. Consistency Finding - The proposed subdivision is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City. Staff believes this finding can be made because the proposed project accomplishes the following General Plan Goals:
o Land Use and Growth Accommodations – Goal A, Goal F and Goal G o Circulation and Transportation – Goal A, Goal B and Goal C o Community Health and Safety – Goal B, Goal C, Goal D, Goal E and Goal F
o Open Space and Conservation – Goal A and Goal D
o Housing – Goal A, Goal B, Goal C and Goal D
2. Design and Improvement Finding – The design and improvement of the proposed subdivision is consistent with the General Plan and any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City. Staff believes this finding can be made because the project incorporates all of the utility, roadway, water supply and other necessary infrastructure as identified in the City of Ripon’s General Plan and Master Plans.
3. Type of Development finding - The site is physically suitable for the type of development proposed, which includes verification that any portion of the project used for habitable structures, is not in the 100 year flood plain.
Staff believes this finding can be made because the site meets and/or exceeds all related development standards for the parcels as outlined in the Ripon Municipal
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Code. Additionally, the site is not located in the 100 year flood plain.
4. Density of Development finding – The site is physically suitable for the proposed density of development.
Staff believes this finding can be made because the site is consistent with the City of Ripon General Plan land use and growth accommodation chapter.
5. Fish and Wildlife finding – Neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
Staff believes this finding can be made because the subdivision is occurring on a previously developed parcel with no potential habitat value for fish or wildlife.
6. Public Health Finding – The design of the subdivision or type of improvement is not likely to cause significant public health problems.
Staff believes this finding can be made because the project is consistent with all General Plan and development standards, and because the application referral process has yielded no evidence that the project would be detrimental to the adjacent neighborhood or to the general public welfare.
7. Access Finding - The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
Staff believes this finding can be made based upon a review of the plans created and submitted for the project. The land subdivision does not appear to conflict with any easements or public access surrounding the site.
8. Dedication Finding – Any land or improvements to be dedicated to the City is consistent with the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.
Staff believes this finding can be made based upon a review of the plans created and submitted for the project. Additionally, the applicant will be required to dedicate and improve certain right-of-way for all property frontages consistent with the City’s General Plan and Municipal Code.
9. Energy Finding – The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Staff believes this finding can be made because the subdivision parcel sizes and configurations, along with all required structure setbacks from property lines would allow for the design of structures to take advantage of the natural heating and cooling opportunities.
10. General Plan Consistency Finding - District rezonings or prezonings shall be consistent
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with the General Plan.
The rezoning is consistent with the City of Ripon’s General Plan.
Conditions:
Building Department – Todd Hatch (599-0284)
1. Demolition, construction and placement of all structures on the sites will be as approved and in compliance with all applicable building, electrical, plumbing codes and that any changes to the plans, as approved, will be submitted to the Planning Department for re-review and re-approval.
2. Proponent shall pay all necessary/current development fees for all resultant parcels prior to the issuance and/or finalization of any building permits for the site. For the existing structure, the proponent shall only pay the City water, sewer and storm development fees upon finalization of the building permit.
Engineering Department – Kevin Werner (599-0235)
3. Proponent shall enter into a Subdivision Improvement Agreement (SIA) with the City of Ripon Engineering Department. The SIA will incorporate all the following necessary improvements for the project:
a. Proponent shall dedicate a 10’-0” PUE along the property frontages (N.
Stockton Avenue and Franklin Lane).
b. Proponent shall dedicate and improve sufficient right-of-way on Franklin Lane to facilitate the development of the parcels. Such improvements shall include but not be limited to the following:
i. Dedication of sufficient right-of-way to finish off Franklin Lane. ii. Installation of necessary asphalt paving, curb, gutter and sidewalk along the street frontage.
c. Proponent agrees to destroy any and all existing wells and septic tanks/systems on site under permit and inspection by the San Joaquin County Environmental Health Division. A copy of such finalized permit shall be provided to the City of Ripon prior to project completion. d. Proponent agrees to cape seal the entire street along the project frontages as approved by the City Engineer.
e. Proponent agrees to re-stripe as necessary along N. Stockton Avenue and/or Franklin Lane as approved by the City Engineer.
4. Proponent shall submit off-site improvement plans (for Franklin Lane dedication and improvements) to the City Engineering Department for review and approval prior to starting the work. All improvements shall be constructed to the latest City of Ripon Standards and City Master Plans in effect at the time of construction plan approval.
The General Contractor shall obtain an encroachment permit through the Engineering Department prior to starting any work within the City right-of-way.
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5. Proponent shall work with the City of Ripon Engineering Department to finalize the Parcel Map process (Parcel Map Process flow chart attached).
6. Wherever there is a grade difference between neighboring lots, proponent agrees to install property line retaining walls. Grade difference thresholds for such requirement shall be as determined by the City Engineer.
Planning Department – Ken Zuidervaart (599-0222)
7. Resultant parcels shall meet all current applicable standards and regulations for the Single Family Residential (R1) district.
8. Proponent shall modify the existing residential structure under permit from the City of Ripon Building Department to comply with all required setbacks from the proposed new property line prior to receiving final approval/signatures on the proposed parcel map.
Miscellaneous
9. Proponent shall comply with the conditions as necessary in the attached letter dated October 4, 2022 from the Modesto Irrigation District.
10. Proponent shall comply with the conditions as necessary in the attached email dated October 5, 2022 from Frontier.
Environmental Analysis:
In accordance with the California Environmental Quality Act and the Guidelines, this project is exempt from CEQA pursuant to CEQA Guidelines Section 15162 and Categorically Exempt, pursuant to CEQA Guidelines Sections 15315.
Recommended Action:
Should the Planning Commission agree with staff’s recommendation, the following motion would be appropriate:
1. “The Planning Commission recommends that the City Council approve the rezone of 225 Franklin Lane and 820 N. Stockton Avenue (Z22-75), based on the findings and subject to the conditions of the staff report.”
2. “The Planning Commission approves the 820 N. Stockton Avenue Tentative Parcel Map (PM22-76), based on the findings and subject to the conditions of the staff report.”
General Application Information:
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Owner/Applicant: Manuel Alaniz / Manuel Alaniz
Application#: Rezone (Z22-75) and Tentative Parcel Map (PM22-76) GP Designation: LD (Low Density Residential)
Zoning: UR (Urban Reserve)
Attachments:
1. Tentative Parcel Map - 22-76
2. Notice of Public Hearing
3. Vicinity Map
4. Site Images
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