Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OF INTENT TO APPROVE AMENDMENTS TO THE GENERAL PLAN LAND USE MAP FOR MULTIPLE PROPERTIES THROUGHOUT THE CITY In 2016, the Stockton City Council directed City staff to overhaul the 2035 General Plan to better align the community vision with expected growth patterns for the next twenty years. After years of community outreach and analysis, the City Council adopted the Envision Stockton 2040 General Plan ("General Plan") on December 4, 2018; and As required by State Law (Gov. Code § 65860), the City must amend its Zoning Code (Title 16 Development Code), development standards, and Zoning Map to be consistent with the General Plan; and In 2020, City staff identified thousands of properties with inconsistencies between the General Plan or Zoning. Due to the significant level of analysis and outreach necessary to make informed recommendations on the inconsistency, Staff proposed a series of amendments to correct these Inconsistencies; and From 2020 to 2022, the City of Stockton made numerous amendments to the City’s General Plan Land Use Map, Citywide Zoning Map, and Development Code (zoning) to align with the General Plan and changes to State Law: and After the amendments were adopted, City Staff identified 128 additional properties that required further amendments due to a split General Plan or zoning designation of the site and/or owner requests to improve the usability of the property further: and On March 23, 2023, the City hosted a neighborhood meeting for affected owners in an effort to receive feedback on the proposed amendments. Currently, no comments for or against the project have been received; and On April 13, 2023, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), and voted 6-0 (Jones Absent) recommending the City Council approve the proposed map amendments; and Government Code Section 63558(b) of the California Code limits the City to four (4) General Plan Amendments annually; and To accommodate development and other General Plan amendments requested for the calendar year, the City will consolidate the proposed City-Intitaed General Plan Amendment with another proposed General Plan Amendment as one amendment approval to be heard by the City Council under a separate item at a later hearing. That consolidated amendment will be noticed in the Record and presented to the City Council after the Council has taken action on the other proposed General Plan Amendment; and On May 23, 2023, the City Council held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(D), to consider the proposed map amendments, at which all times all interested parties had the opportunity to be heard; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
Pursuant to SMC section 16.116.050(B), the City Council makes the following Mandatory Findings of Fact for General Plan Land Use Map Amendments:
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 purpose ofthe proposed City initiated amendments to the General Plan Land Use Map and Zoning Map is to maintain consistency between both maps. The proposed amendments include rezones to create consistency with the General Plan Land Use Map and changes to the General Plan Land Use Map to create consistency with the Zoning Map where staff determined it was more appropriate to support the existing underlying use of a parcel. None of the proposed amendments to the General Plan Land Use Map and Zoning Map will create inconsistencies with the Development Code, and will in fact the proposed changes will make it easier to apply the Development Code by aligning the General Plan and zoning land use designation of parcels. Future development will need to comply with all applicable zoning and development standards as well as all building and fire regulations for health and safety.
The proposed amendments to the General Plan Land Use Map and Zoning Map maintain consistency and are supported by the following General Plan policies:
Action LU-6.6D Review and update the Zoning District Map to ensure consistency with the updated General Plan.
Policy LU-6.2 Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
Policy LU-1.1 Encourage retail businesses and housing development in mixed-use developments along the region.
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 City initiated amendments to the General Plan Land Use Map and Zoning Map is to maintain consistency between both maps. The proposed amendments include rezones to create consistency with the General Plan Land Use Map and changes to the General Plan Land Use Map to create consistency with the Zoning Map where staff determined it was more appropriate to support the existing underlying use of a parcel and surrounding properties. The proposed map consistency changes to 116 parcels are intended to support and strengthen the existing underlying uses of these parcels and make it easier to apply the Development Code standards and and all building and fire regulations on future development uses of these parcels, and as a result will not endanger, jeopardize, or otherwise constitute a hazard to public health and safety.
The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
Evidence: The proposed amendments do not require further environmental analysis under the California Environmental Quality Act (CEQA) per section 15183 for projects which are consistent with the development impacts established by a Community Plan, General Plan, or zoning for which an environmental impact report (“EIR”) has been certified. The GPEIR was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062).
There are approximately 83,327 total properties within the City Limits and the amendments account for only 0.15% of all properties within the City Limits programmatically analyzed in the General Plan EIR. The proposed amendments will not result in a physical change to the properties nor decrease the number of properties designated towards meeting the City’s RHNA. None of the potential changes being considered by the Commission will impact the analysis or conclusions of the GPEIR as the proposed amendments will correct zoning inconsistencies and align designations with the existing and/or surround land uses. In addition, tribal consultation was completed consistent with State law for proposed General Plan amendments. Future development proposals based on the amendments would be reviewed case-by-case for consistency with this review and the GPEIR.
Pursuant to Government Code section 65863, the City may not reduce the residential density for any parcel to a lower residential density unless it makes written findings supported by substantial evidence of both of the following:
The reduction is consistent with the adopted General Plan, including the housing element.
Evidence: None of the proposed amendment sites in listed in the 2015-2023 Housing Element as a property needed towards meeting the City's fair share of Regional Housing Needs Allocation ("RHNA").
The remaining sites identified in the housing element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction's share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.
Evidence: The "no net loss" provision of Government Code section 65683 requires that certain findings be made if the City reduces residential density on any property to a lower residential density. The proposed amendments will not decrease the number of properties available to provide new housing as many are existing residential and nonresidential uses, or amended to reflect the current or surrounding uses on the property.
The City Council hereby finds no further environmental analysis is required beyond the Envision Stockton 2040 General Plan Environmental Impact Report per CEQA section 15183 and adopts a Resoltuon amending the Stockton General Plan Land Use Map as shown in Exhibit 1 and described in Exhibit 2, attached hereto.
The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent to this Resolution.
PASSED, APPROVED, and ADOPTED May 23, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton