ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE (SMC) Chapters 16.80.210 (Mobilehome parks and subdivisions) and 16.80.215 (Multi-unit residential) FOR CONSISTENCY WITH THE GENERAL PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
SECTION I: FINDINGS AND INTENT
The City Council is authorized by section 16.212.030 of the Stockton Municipal Code (SMC) to adopt amendments to Title 16 (Development Code) based on the Mandatory Findings of Fact for Development Code Amendments.
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 amendments to Title 16 are needed for consistency with General Plan policies, which encourage best practices for development review. These changes will amend land use standards for development. These amendments are internally consistent with all policy and supportive regulatory documents.
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 purpose of the proposed amendments is to comply with provisions of State Law and consistency with the General Plan. There is no substantial evidence in the record that the proposed amendments will result in significant impacts to the environment as identified in the General Plan Environmental Impact Report (EIR). The proposed amendments are consistent with Title 16 standards, the General Plan and any applicable goals, policies, and implementation programs. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Evidence: The proposed amendments are required to provide consistency with changes to the General Plan and State Law and have been considered as part of the General Plan Environmental Impact Report (EIR) (SCH No. 2017052062). These amendments will not result in physical impact or change to the land use intensities identified in the General Plan Environmental Impact Report (EIR). The EIR document provides a programmatic review of the potential impacts associated with implementation of the General Plan. None of the potential changes being considered will impact the analysis or conclusions of the General Plan EIR as the extent of the potential impacts and allowed density considered in the General Plan EIR. Future proposals based on the amendments would be reviewed on a case-by-case basis for consistency with this review and the General Plan EIR.
D. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.
Evidence: The proposed amendments are needed for consistency with recently-approved Development Code changes. These changes will amend land use standards for development. These amendments are internally consistent with all policy and supportive regulatory documents.
SECTION II: AMENDMENT OF CODE
Title 16, Chapter 16.80, Section 16.80.210 of the Stockton Municipal Code (SMC) is amended to read, as follows:
16.80.210 Mobilehome parks and subdivisions.
Location Criteria. Mobilehome parks may be permitted in zoning districts identified by Table 2-2 (Allowable Land Uses and Permit Requirements) that comply with the following locational criteria:
Access to the mobilehome park shall be directly to a major arterial street or within 500 feet of freeway access ramps (major streets are defined and located in the Circulation Element of the General Plan).
Development Standards.
General.
State and Federal Requirements. The following local standards are supplemental to the State of California Mobilehome Act or Federal Housing Administration (where applicable) standards and do not relieve the developer from complying with those State or Federal standards not covered herein. These standards are enforced by the California Department of Housing and Community Development, Division of Building and Housing Standards (hereafter “State” regarding section 16.80.210).
Waiver of Standards. Any modifications or waivers to local standards shall be permitted only where the developer can substantiate to the Planning Commission, or City Council on appeal, that there are exceptional or extraordinary circumstances preventing compliance with the standard and where the waiver will not prove detrimental to the surrounding neighborhood or public welfare.
Mobilehome Park Area and Setback Requirements.
Mobilehome spaces, buildings, parking or recreational areas, and other structures shall be set back a minimum of 20 feet from all property lines along public streets.
Signs.
In residential zoning districts, one (1) freestanding ground sign identifying the name of the mobilehome park shall be permitted at the main entrance to the park subject to the following limitations:
Nonmoving and nonflashing;
Illumination shall be internal and not reflect or glare on adjacent residential development; Setback 10 feet from property lines;
Maximum size of 64 square feet;
Maximum height of eight (8) feet; and
Designed in harmony with park and fencing.
In commercial zones, the identification signs comply with the sign regulations of that district.
Directional and similar type signs may be permitted within the mobilehome park as approved by the Commission.
Outdoor advertising structures (billboards) shall not be permitted within mobilehome parks.
Parking.
One (1.5) automobile parking space shall be required for each mobilehome unit. One space shall be required for resident use and ½ space shall be required for guest parking.
Supplemental storage areas shall be required for boats, campers, travel trailers, and similar recreational vehicles if such vehicles are permitted to be kept within the mobilehome park.
Parking located outside of the mobilehome facility and not under the authority of the State, shall be reviewed in compliance with SMC Chapter 16.64 (Off-Street Parking and Loading Standards).
Landscaping. All areas outside of the mobilehome park, and not under the authority of the State, shall be landscaped and maintained in accordance with SMC Chapter 16.56 (Landscaping).
Other Improvements.
Complete frontage improvements shall be installed along public rights-of- way as required by the City Engineer.
Applicable multifamily housing impact fees shall be paid as required by ordinance.
Storm water drainage, sanitary sewer, and water systems shall be installed to City standards at locations required by the City Engineer.
All applicable overhead utilities shall be installed underground pursuant to adopted City standards. Individual overhead utilities shall not be permitted.
Land shall be dedicated or in-lieu fees paid to the City for neighborhood facilities as required in Section 16.84.080 (Fees).
A six (6) foot high solid masonry wall shall be provided around the entire perimeter of the mobilehome park subject to compliance with the setback requirements of Chapter 16.48 (Fences, Hedges, and Walls) and the engineering specifications of the City Building Code.
Should fire services not be provided by the State, facilities for fire protection within the mobilehome park shall be installed to City standards at locations designated by the City Fire Chief.
All outdoor storage and garbage collection areas shall be enclosed with a solid six (6) foot high fence in compliance with Section 16.36.130 (Solid waste/recyclable materials storage).
Operational Standards.
An accessory service use such as a laundromat is permitted within the mobilehome park, for use of the residents. In mobilehome parks with 100 or more spaces, incidental business uses may be permitted as part of the project approval.
Mobilehomes may be sold within the mobilehome park by the owner provided they are located on a mobilehome space, and not more than one (1) mobilehome which is for sale shall be placed on any one (1) space.
The renting of mobilehomes in a mobilehome park is prohibited unless the mobilehome bears the insignia of the State of California Division of Building and Housing Standards and is licensed by the Division for this purpose.
Enforcement.
The enforcement agency is the State of California Department of Housing and Community Development, Division of Building and Housing Standards. Prior to any construction on a mobilehome park, plans and specifications shall be submitted and approved by the enforcement agency.
The regulations in this section shall be considered supplementary to the rules and regulations of the State of California Department of Housing and Community Development (Title 25, California Administrative Code, Chapter 5, “Mobilehome Parks, Special Occupancy, Trailer Parks and Campgrounds”).
SECTION III: AMENDMENT OF CODE
Title 16, Chapter 16.80, Section 16.80.215 of the Stockton Municipal Code (SMC) is amended to read, as follows:
16.80.215 Multi-Unit Residential.
This section provides development standards for the establishment of low-rise multi-unit residential housing typologies where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Low-rise multi-unit residential includes three or less habitable stories above grade. The Citywide Design Standards shall be applied for all housing types outlined below.
Cottage Courts. Cottage Courts, also known as Bungalow Courts, shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.
Definition. A group of three (3) to ten (10) small (1 to 1.5-story), detached structures arranged around a shared open space courtyard visible from the street. The shared courtyard is an important community-enhancing element and unit entrances should be from the shared court, which replaces the function of a rear yard. Rear-most building may be up to 2 stories. Does not include multifamily or motels. (Formerly “Dwelling Group”) Shared Courtyard. The shared courtyard, or common open space shall meet the following standards:
A minimum of one hundred fifty (150) square feet of open space is required per cottage unit as part of the shared courtyard, beyond the minimum required setbacks.
Each area of common open space shall be in one (1) contiguous and usable piece.
Common open space shall be located in a centrally located area and be easily accessible to all dwellings within the development.
Fences may not be located within the required common open space areas.
Landscaping located in common open space areas shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs. Where feasible, existing mature trees should be retained.
Unless the shape or topography of the site precludes the ability to locate units adjacent to the common open space, at least fifty (50) percent of the units in the development shall abut the common open space.
Neighborhood compatibility.
Parking lot areas and carports shall not be located along residential neighborhood street frontages.
Development should be consistent in height, bulk, scale and style with surrounding residential uses.
Building design.
Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.
A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
Duplexes. Duplexes shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.
Definition. A small, detached structure that consists of two dwelling units arranged one above the other, or side by side, with an entry from the street. This type has the appearance of small-to-medium single-unit house. This includes duplexes that are side-by-side and stacked.
Main entrance. A duplex located on a corner lot that consists of two dwelling units arranged side-by-side, shall have a main entry for each from either street corner.
Garages. Must be setback from entrance.
Neighborhood compatibility.
Parking lot areas and carports shall not be located along residential neighborhood street frontages.
Development should be consistent in height, bulk, scale and style with surrounding residential uses.
Building design.
Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.
A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
Triplex. Triplexes shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.
Definition. A small to medium sized detached structure that consists of 3 dwelling units typically stacked on top of each other on consecutive floors, with one entry for the ground floor unit and a shared entry for the units above. This type may not include a rear yard.
Neighborhood compatibility.
Parking lot areas and carports shall not be located along residential neighborhood street frontages.
Development should be consistent in height, bulk, scale and style with surrounding residential uses.
Building design.
Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.
A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
Fourplexes. Fourplexes shall comply with the provisions of this section and all other applicable provisions of this Development Code. Where there may be a conflict, the standards in this section shall prevail.
Definition. A detached structure with four dwelling units under one roof that has the appearance of a medium-sized single-unit house, either stacked with two units on the ground floor and two above, with a shared entry from the street, or otherwise connected under one roof.
Open space. A minimum of 150 square feet of private open space is required per duplex unit, beyond the minimum required front-yard, rear-year, and side-yard setbacks.
Garages. Must be setback from entrance.
Neighborhood compatibility.
Parking lot areas and carports shall not be located along residential neighborhood street frontages.
Development should be consistent in height, bulk, scale and style with surrounding residential uses.
Building design.
Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.
At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage.
A minimum of two features such as balconies, cantilevers, dormers, bay windows, patios, individualized entries, and accent materials shall be incorporated into each project building.
A minimum one-foot offset is required for any wall plane that exceeds 30 feet in length.
SECTION IV. 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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SECTION V. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton