City of Stockton. Meeting Agenda - Final Planning Commission

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1 City of Stockton Stockton Planning Commission Meeting Agenda - Final Planning Commission Kevin Hernandez, Chair (At-Large) Sol Jobrack, Vice Chair (District 1) Kim Tutt (District 2) Elizabeth Hull (District 3) Chris Eley (District 4) Don M. Aguillard (District 5) D'Adrea Davie (District 6) Thursday, April 28, :00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CALL TO ORDER/ROLL CALL 2. PLEDGE TO FLAG 3. ADOPTION OF CONSENT CALENDAR APPROVAL OF PLANNING COMMISSION MINUTES Recommended Action: RECOMMENDATION Approval for filing minutes of the March 24, 2016 Planning Commission meeting. Department: Attachments: Community Development Attachment A - 24 March 2016 Planning Commission Minutes 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS USE PERMIT AND DENSITY BONUS AGREEMENT FOR MULTI-FAMILY AFFORDABLE HOUSING AT 804 N HUNTER STREET (P ) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution: 1. Approving a Use Permit for a multi-family affordable housing project at 804 Hunter Street; and 2. Recommend approval of a Density Bonus Agreement for a multi-family affordable housing project at 804 Hunter Street. Department: Community Development Page 1 City of Stockton Printed on 4/22/2016 1

2 Planning Commission Meeting Agenda - Final April 28, 2016 Attachments: Attachment A - Vicinity Map Attachment B - Density Bonus Term Sheet Proposed Resolution Exhibit 1 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS STUDY SESSION: SENATE BILL 5 MANDATED TITLE 16 AMENDMENT RELATED TO DEVELOPMENT IN 200-YEAR FLOODPLAINS Recommended Action: RECOMMENDATION This item is for information only and no Commission action is necessary. Department: Attachments: Community Development Attachment A - SB5 Presentation 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on April 22, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: Deputy Page 2 City of Stockton Printed on 4/22/2016 2

3 Planning Commission Meeting Agenda - Final April 28, 2016 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 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 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 during normal business hours or by calling (209) , 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. 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 Page 3 City of Stockton Printed on 4/22/2016 3

4 Planning Commission Meeting Agenda - Final April 28, 2016 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 4/22/2016 4

5 City of Stockton Legislation Text File #: , Version: 1 APPROVAL OF PLANNING COMMISSION MINUTES RECOMMENDATION Approval for filing minutes of the March 24, 2016 Planning Commission meeting. Attachment A March 24 Planning Commission Minutes City of Stockton Page 1 of 1 Printed on 4/22/2016 powered by Legistar 5

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12 City of Stockton Legislation Text File #: , Version: 1 USE PERMIT AND DENSITY BONUS AGREEMENT FOR MULTI-FAMILY AFFORDABLE HOUSING AT 804 N HUNTER STREET (P ) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution: 1. Approving a Use Permit for a multi-family affordable housing project at 804 Hunter Street; and 2. Recommend approval of a Density Bonus Agreement for a multi-family affordable housing project at 804 Hunter Street. Summary Applicant, Visionary Home Builders of California, Inc., is proposing an adaptive reuse of an existing office building with a multi-use infill development consisting of 74 residential units, on-site resident services, and 3,000 square feet of office space, on two parcels totaling 1.81-acres located at 804 N. Hunter Street, on the southeast corner of Poplar and N Hunter Streets (Attachment A -Vicinity Map). The General Plan designates the project site for Administrative Professional. This land use designation allows residential land uses with approval of a Use Permit, which Applicant has also applied for. Also, in order to accommodate the project as proposed, the applicant has applied for a Density Bonus Agreement to increase the allowed density from 29 units per acre in the CO zoning district to 41 units per acre as well as an incentive to reduce the required number of on-site parking spaces for the multi-family residential project. DISCUSSION Use Permit The project is proposed to be an adaptive reuse of an existing office building with a multi-use infill development consisting of 74 residential units, on-site resident services, and 3,000 square feet of office space. The site is zoned CO (Commercial, Office), and is bounded to the: north by a public park, professional services, and single family residential uses, zoned Commercial, Office (CO) and Commercial, Downtown (CD) east and south by mix of residential properties zoned CO west by civic buildings and parking zoned CD (see attached exhibits). City of Stockton Page 1 of 4 Printed on 4/22/ powered by Legistar

13 File #: , Version: 1 The General Plan designates the project site as Administrative Professional. This land use designation allows residential land use with approval of a Use Permit, which the Applicant has requested. A portion of the second floor is proposed to be an attached on-site child care facility, community center, and office space for Catholic Charities that will provide social services to residents and nonresident qualifying veterans. The existing two-story office space is proposed to have a third story added for residential units. The applicant is proposing to keep the existing six-foot high wooden fence currently on the interior shared property line. The Planning Division has determined that the site is surrounded by structures that were constructed prior to the SMC section E Code amendment that required an eightfoot high fence as a buffer between uses. Therefore, the existing six-foot wooden fence is considered legal non-conforming in accordance with the provisions of SMC Division , "Nonconforming Uses, Structures, and Parcels,'' and a new, eight-foot high wooden fence is not required for the proposed development. In accordance with the Design Review provisions of SMC Section , the Architectural Review Committee reviewed the proposed elevations and architectural treatments for the proposed structures on March 30, The Committee's comments are being reviewed and additional Design Review will be triggered in conjunction with the building permit application in compliance with applicable provisions of the Citywide Design Guidelines. The Planning and Engineering Division of the Community Development Department, the Police Department, Municipal Utilities Department, other City departments and the surrounding neighborhood have been notified of this request. To date there have been no objections received as a result of the project's referral and notice. Density Bonus The project has been developed to meet the housing needs of low, very low, and extremely lowincome households. The property will have 74 housing units, consisting of 72 units of affordable multifamily housing across three stories, targeting local households in Downtown Stockton making between 30% and 60% of area median income (AMI). The remaining two units will be reserved for on -site managers. The project will have the following mix of unit types: eight studios, 26 one-bedroom apartments, 24 two-bedroom apartments, and 16 three-bedroom apartments. The property will have onsite management to accommodate the varied needs of tenants. In order to accommodate the project as proposed, the applicant has applied for a Density Bonus Agreement to increase the allowed density from 29 units per acre in the CO zoning district to 39 units per acre. State Government Code sections and 65915, et seq. require cities to offer density bonuses and other incentives to developers to encourage higher density housing in urban areas. Stockton Municipal Code (SMC) Division 16.40, "Affordable Housing Incentives/Density Bonus Provisions," provides one 35% density bonus and two additional incentives to projects that propose to develop affordable housing. City of Stockton Page 2 of 4 Printed on 4/22/ powered by Legistar

14 File #: , Version: 1 In this instance, the applicant is proposing, and funding sources require, that all units (except the two manager's units) be restricted to persons with low income to extremely low incomes. The 35% density bonus will allow the applicant to increase the density to 39 units per acre, or 70 units, which would not meet the applicant s objective of constructing 74 units. SMC Section allows the applicant to receive two additional incentives to help make the housing units economically feasible. The applicant has requested to be granted an incentive to further increase the maximum density from 39 units per acre to 41 units per acre (allowing the requested 74 units) and a second incentive to reduce the required number of on-site parking spaces for the multi family residential project from 114 residential spaces (one space per 0-1 bedroom units and two spaces per 2-3 bedroom units) to 58 residential parking spaces. As part of the Density Bonus term sheet, the applicant is proposing to address the parking reduction with on-site bike storage areas and has identified opportunities in the area for multimodal transportation options. Staff supports this request because some of the low income residents may not own cars, there is a high level of public transportation service in the neighborhood, and the highly walkable street grid makes walking and biking trips more feasible, thereby reducing the need for residents to own as many cars as would be expected in typical multifamily developments. Furthermore, ample on-street parking is available in the surrounding neighborhood. A Density Bonus term sheet (Attachment B) was submitted by the applicant and reviewed by the City Attorney to ensure that the owner(s), developer(s) and/or successor(s)-in-interest (ODS) comply with the provisions of the Density Bonus ordinance (SMC Chapter 16.40). The term sheet indicates the number of target units, their size, location, terms and the requested incentives. In addition to the requested density bonus and parking reduction incentives, the applicant has requested to waive most of the required 40 square feet of private open space per unit (balconies) (SMC Section C). Due to the constraints of reconfiguring an existing building, each and every unit will be unique in its own layout in width and depth, and this private open space may only be provided on some units. In support of this request, the applicant has stated the project will provide additional open space and social gathering areas above City requirements to offset the reduced provision of private open space. To help facilitate interaction between residents, the applicant has proposed an approximate 3,000 square foot community room and an approximately 9,402-square foot common open space with play structure. Additionally, Eden Square Park is located adjacent to this development site. Therefore, staff recommends that the Planning Commission adopt a resolution approving a Use Permit for the adaptive reuse of an existing office building with a multi-use infill development consisting of 74 residential units, on-site resident services, and 3,000 square feet of office space, on two parcels totaling 1.81 acres located at 804 Hunter Street and recommending approval of a Density Bonus Agreement to be drafted pursuant to the terms listed in the Density Bonus term sheet. Environmental Clearance This request is categorically exempt under the California Environmental Quality Act (CEQA) Section 15332, Class 32, of the State CEQA Guidelines. The proposed infill project is located on a developed 1.81-acre parcel that is surrounded by urban uses. Existing infrastructure is expected to be able to City of Stockton Page 3 of 4 Printed on 4/22/ powered by Legistar

15 File #: , Version: 1 adequately serve the project. VOTES A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter. Attachment A - Project Vicinity Map Attachment B - Density Bonus Term Sheet City of Stockton Page 4 of 4 Printed on 4/22/ powered by Legistar

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18 Attachment B Density Bonus Agreement Terms Sheet The density bonus housing agreement shall include at least the following: 1. The total number of units approved for the housing development, including the number of target units; 74 total units, 72 target (affordable) 2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; With the exception of the managers units, all units will be affordable to low income households consistent with the rent and income levels determined by the California Tax Credit Allocation Committee (TCAC). The following is a matrix reflecting the unit mix by bedroom size and affordability level. 30% AMI 40% AMI 50% AMI 60% AMI Mgr Studio BR BR BR Total Proportion 9.5% 32.4% 28.4% 27.0% 0.0% 3. The location, unit sizes (square feet), and number of bedrooms of target units; The affordable units will be found throughout the development on every floor. There will be 8 studio apartments, 26 one bedroom apartments, 24 two bedroom apartments, and 16 three bedroom apartments. Architectural plans will reflect the approximate square footage, but the minimum square footages will be 400 SF for studios, 500 SF for one bedroom units, 750 SF for two bedroom units, and 1,000 SF for three bedroom units. 4. Tenure of use restrictions for target units of at least 10 or 30 years, in compliance with Section (Continued availability); Affordability will be deed restricted for a minimum of 30 years consistent with TCAC guidelines. 5. A schedule for completion and occupancy of target units; The project construction and renovation will be completed within 24 months of securing all necessary funding, and full occupancy is expected within 6 months of construction completion. Based on the anticipated timeline, the development would 18

19 Attachment B begin construction in summer 2017, complete construction by summer 2019, and be fully occupied by winter A description of the additional incentive(s) being provided by the City; N/A 7. A description of remedies for breach of the density bonus housing agreement by the owners, developers, and/or successors in interest of the project; and N/A 8. Other provisions to ensure implementation and compliance with this chapter. N/A 19

20 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION APPROVING A USE PERMIT AND RECOMMENDING THAT THE CITY COUNCIL APPROVE A DENSITY BONUS FOR MULTI-FAMILY AFFORDABLE HOUSING AT 804 N. HUNTER STREET (P ) The applicant, Visionary Home Builders of California LLC, submitted an application for a Use Permit and Density Bonus Agreement to allow the adaptive reuse of an existing office building with a multi-use infill development consisting of 74 residential units, on-site resident services, and 3,000 square feet of office space, on two parcels totaling 1.81 acres located at 804 Hunter Street; and The project has been developed to meet the housing needs of low, very low, and extremely low-income households; and The General Plan designates the project site as Administrative Professional. This land use designation allows residential land use with approval of a Use Permit; and In order to accommodate the project as proposed, the applicant has applied for a Density Bonus to increase the allowed density from 29 units per acre in the CO zoning district to 41 units per acre as well as an incentive to reduce the required number of onsite parking spaces for the multi-family residential project; and The Planning Commission finds that the Density Bonus term sheet which will serve as the basis for the Density Bonus Agreement contains the mandatory elements required by Stockton Municipal Code (SMC) section ; and Approval of the terms listed in the Density Bonus term sheet is in the best interest of public health, safety and general welfare and is consistent with the General Plan designation for the project area; and The project is categorically exempt under the California Environmental Quality Act (CEQA) Section 15332, Class 32, of the State CEQA Guidelines because the proposed infill project is located on a developed 1.81-acre parcel that is surrounded by urban uses; now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: Use Permit 1. The Planning Commission hereby approves the request for a Use Permit for the 20

21 adaptive reuse of an existing office building with a multi-use infill development consisting of 74 residential units, on-site resident services, and 3,000 square feet of office space, on two parcels totaling 1.81 acres located at 804 Hunter Street (See Exhibit 1 - Site and Floor Plan) based on the following findings and conditions of approval: General Findings a. The proposed use is allowed within the subject zoning district with the approval of a Use Permit and complies with all other applicable provisions of the SMC. b. The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located, because the proposed use will provide needed low income housing in the community. c. The proposed use would be consistent with the general land uses, objectives, policies and programs of the General Plan, and any applicable specific plan or master development plan, because the Housing Element calls for the City to accommodate affordable housing in accordance with the City s share of the regional housing needs allocation. d. The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.) in that it is provided with all required utilities and public services and is not in a 100-year flood zone. e. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would 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 neighborhood of the proposed use because the development is attractively designed in a manner that complies with the applicable design guidelines and contains on-site recreational amenities to meet the needs of the residents. f. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses 21

22 Conditions of Approval on-site and in the vicinity of the subject property, because the proposed apartments are consistent with the pattern of residential uses in the surrounding neighborhood, comply with height and setback requirements, and provisions have been made to accommodate reduced parking requirements with on-site bike parking and access to transit. g. The proposed action is in compliance with the provisions of the CEQA and the City s CEQA Guidelines, because it is categorically exempt under the CEQA (Section 15332, Class 32, of the State CEQA Guidelines) in that the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. 1. Comply with all applicable Federal, State, County and City codes, regulations, and adopted standards, and pay all applicable fees. 2. In the event the operation of this use should prove detrimental to the health, safety, peace, or general welfare of the surrounding neighborhood, this Use Permit shall be subject to revocation or modification as provided in the Development Code. 3. During construction, an all-weather surface shall be provided to prevent the tracking of dirt or debris onto surrounding streets. 4. The proposed gate for clinic parking at the northern driveway shall remain open during clinic operating hours. Said gate shall be locked at night with a City compliant Knox lock for fire access and shall not be used in conjunction with the apartment complex. 5. All signs pertaining to this use shall be approved by the Planning Division. 6. Any significant modifications to the final design plans for the apartment complex shall be subject to review and approval by the Community Development Director or Architectural Review Committee for consistency with the approved Use Permit and the Citywide Design Guidelines prior to the issuance of any building permits. 22

23 1. The applicant shall submit a Management Plan for the apartment complex to the Community Development Director and the City Attorney prior to the issuance of any building permits. The approved Landscape Maintenance Agreement shall be recorded by the property owner(s)/developer(s) in the Office of the County Recorder and a copy shall be filed with the Community Development Department within 30 days of the issuance of the first apartment building permit. All recording expenses shall be paid by the property owner/developer. The Plan shall, at a minimum, include the owner's name and contact information, tenant interviewing and screening procedures, deposit and refund policies, interior and exterior maintenance policies, occupancy and use restrictions, dispute resolution policies and procedures, eviction procedures and sample documents and forms (including a rental agreement). 2. A Landscape Maintenance Agreement for the apartment complex shall be submitted for review and approval by the Community Development Director and the City Attorney prior to the issuance of any building permits. The approved Landscape Maintenance Agreement shall be recorded by the property owner(s)/developer(s) in the Office of the County Recorder and a copy shall be filed with the Community Development Department within 30 days of the issuance of the first apartment building permit. All recording expenses shall be paid by the property owner/developer. 3. No loitering shall be allowed on the premises. The operator shall discourage loitering on immediately abutting public rights-of-way and shall post "No Loitering" signs on the outside of the property. 4. Security lighting within the apartment complex shall be installed in all parking and common areas, as well as at the main entrance to the facility. Any lighting on the site shall be shielded so as not to shine onto nearby residential properties. 5. In order to minimize any adverse financial impact on the City of Stockton associated with development and/or use of the subject site, the ODS agrees that it will not challenge or protest any applicable fees associated with the development of the site, but if such fees are amended or modified, the ODS agrees to pay such fees as they may be amended or modified from time to time. 12. The Use Permit shall be posted in a conspicuous place and be made available immediately to City personnel upon inspection of the premises. 23

24 Density Bonus 2. The Planning Commission recommends that the City Council approve the request for a Density Bonus for the adaptive reuse of an existing office building with a multi-use infill development consisting of 74 residential units, on-site resident services, and 3,000 square feet of office space, on two parcels totaling 1.81 acres located at 804 Hunter Street (See Exhibit 1 Site/Building Plans and Elevations) based on the following findings and conditions of approval: a. The development project would not be a hazard or nuisance to the City at large or establish a use or development that is inconsistent with the goals and policies of the General Plan, because the Housing Element calls for the City to accommodate affordable housing in accordance with the City s share of the regional housing needs allocation. b. The number of dwellings can be accommodated by existing and planned infrastructure, in that it is provided with all required utilities and public services and is not in a 100-year flood zone. c. Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with the purpose and intent of the Density Bonus Provisions of the Development Code, in that a Density Bonus Agreement has been drafted and agreed upon by the applicant and City that meets the requirements outlined in the SMC section d. The City has granted at least one financial incentive as defined in State law (Government Code Section 65915), therefore, no additional concessions or incentives are necessary to ensure affordable housing costs. e. The proposed action is in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines, because it is categorically exempt under the CEQA (Section 15332, Class 32, of the State CEQA Guidelines) in that the project is consistent with the applicable general plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or 24

25 Conditions of Approval threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. f. The incentives provided to allow 41 dwelling units per acre and a reduction in the required number of residential parking spaces from 114 to 58 spaces will contribute significantly to the economic feasibility of the low, very low, and extremely low income facility, because of grant funding and TCAC requirements. g. The proposed use is expected to be compatible with surrounding land uses and is not likely to interfere with the comfortable enjoyment of life or property in the area, subject to approval of a Use Permit, with the recommended findings and conditions of approval, because the proposed apartments are consistent with the pattern of residential uses in the surrounding neighborhood, comply with height and setback requirements, and provisions have been made to accommodate reduced parking requirements with on-site bike parking and access to transit. 1. The proposed property shall remain occupied and available to low income, very low income, and extremely low income in accordance with sections and of the California Government Code for 30 years from the commencement of the proposed use. // // // // // // // // // // // 25

26 // // // // // 2. The Owner, Developer, and/or Successor in Interest (ODS) shall enter into a Density Bonus Agreement with the City Manager that is consistent with the provisions of Chapter of the Stockton Municipal Code and the attached Density Bonus Term Sheet. The Agreement shall be recorded on the parcels comprising the project site. PASSED, APPROVED, and ADOPTED April 28, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 26

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35 City of Stockton Legislation Text File #: , Version: 1 STUDY SESSION: SENATE BILL 5 MANDATED TITLE 16 AMENDMENT RELATED TO DEVELOPMENT IN 200-YEAR FLOODPLAINS RECOMMENDATION This item is for information only and no Commission action is necessary. Summary Planning staff will provide an overview of Senate Bill 5 (SB 5) including the requirement for the City to amend Title 16 to establish standards for development within 200-year floodplains. DISCUSSION Background The Central Valley Flood Protection Act of 2008 (Chp. 364, Stats. 2007), commonly referred to as SB 5, contained provisions requiring local agencies to incorporate flood risk considerations into land use planning. This legislation primarily focused on the establishing a higher level of flood protection requirement for the Sacramento-San Joaquin Valley within an area defined as the Sacramento-San Joaquin Hydrologic Regions. SB 5 requires each city and county within the Sacramento-San Joaquin Valley, including charter cities like Stockton, to amend its general plan by July 2, 2015 to include data and analysis from the Flood Protection Plan and goals and polices for the protection of lives and property that will reduce the risk of flood damage from a 200-year flood event. A 200-year flood event is one that statistically occurs on the average of once every 200 years, or has a 0.5 percent chance of occurring in any given year. Additionally, SB 5 requires each of those cities and counties to amend its zoning ordinance to be consistent with its general plan within 12 months of amending its general plan (Government Code Section ). In accordance with the law, Stockton completed its SB 5 required General Plan amendment prior to July 2, The Planning Commission considered the amendment and forwarded a recommendation to City Council to approve a General Plan Amendment to modify existing and incorporate new goals, policies, and implementation measures related to 200-year flood risk and protection back on May 15, Subsequently, on June 23, 2015, the City Council approved the General Plan Amendment. As a result, the 12-month period to complete the mandated zoning ordinance amendment ends on June 23, In Stockton, the zoning regulations are contained in the Development Code, Title 16 of the Stockton Municipal Code. Proposed Title 16 Amendment City of Stockton Page 1 of 3 Printed on 4/22/ powered by Legistar

36 File #: , Version: 1 As required by SB 5, staff proposes to amend Title 16 to meet the June 23, 2016 deadline. This amendment must incorporate specific requirements associated with any of the following land use entitlement actions. Entering into a development agreement. A discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building. Approving a ministerial permit that would result in the construction of a new residence. Approving a tentative map consistent with the Subdivision Map Act for all subdivisions. Approving a parcel map for which a tentative parcel map is not required. Once the amendment becomes effective, the City must make a finding related to a 200-year level of flood protection, defined in the law as the urban level of flood protection, based on substantial evidence in the record in conjunction with the approval of any of the above land use entitlements. This finding must consist of one of the following: 1. That flood management facilities protect the property to the 200-year flood event standard; or 2. That the imposed conditions by a city or county on a property, development project or subdivision are sufficient to provide the required level of flood protection; or 3. That the local flood management agency has made adequate progress on the construction of a flood protection system that will result in the required level of flood protection. Construction of the flood protection system for areas protected by State and Federal levees shall be achieved by 2025; or 4. That for urban and urbanizing areas, the property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record; or 5. That the property is located in an area of potential flooding of three (3) feet or less from sources other than local drainage or potential flooding from local drainage that meets the criteria of the national FEMA standard of flood protection; or 6. That the property is located within a watershed with a contributing area of 10 or fewer square miles. The development project proponent will be responsible for developing and furnishing the City with the substantial evidence to support the required finding. The 200 year floodplain map would be the initial supporting evidence used to demonstrate if the development is outside of the 200-year floodplain. If this cannot be easily determined from the 200-year map, then a report prepared by a professional licensed civil engineer in California will be necessary to identify the level of flood protection that is existing and any additional improvements needed to achieve the urban level of flood protection. Further, the development project proponent will be responsible for funding the City s commissioning of an independent panel of experts to peer review the civil engineer s report. If the City is unable to make one of the required findings above, the City is prohibited from approving the project A 200-year floodplain map was developed for the Stockton area. It shows areas where flooding in excess of three feet in depth during a 200-year flood event is anticipate. The map identifies a significant portion of the westerly side of the City near Interstate 5 and some isolated areas within the City of Stockton Page 2 of 3 Printed on 4/22/ powered by Legistar

37 File #: , Version: 1 central and easterly side of the City inundated in excess of three feet during a 200-year event (shown in yellow, orange, or red on the maps). It is important to understand that this map is completely independent of the FEMA 100-year flood maps, which are associated with the National Flood Insurance Program. The 200-year map is included in the attached presentation material being provided in advance of the Study Session (Attachment A - SB 5 Presentation). Currently, none of the levees protecting the City have been certified by a licensed engineer as providing 200-year level protection. Since 2009, the San Joaquin Area Flood Control Agency (SJAFCA) has been working in partnership with the State and Federal governments on a feasibility study to identify the required levee improvements to achieve 200-year flood protection. This study has identified the cost of providing 200-year level protection for the Stockton metropolitan area at roughly $1 billion. Although staff believes the eventual cost of these improvements will be much less than this, it likely will still be in the hundreds of millions of dollars, which is far more than the area will be able to fund without significant State and Federal assistance. Since receiving State and Federal funding assistance is uncertain for at least the next several years, the City will be utilizing a variety of strategies to make the required findings to support the issuance of permits for development projects. One potential strategy includes the potential reclassification of certain land uses in Title 16 that require discretionary permits to allow them as ministerial permits (permitted by-right ). As an example, an office building use in the Commercial, Office zoning district requires a discretionary Use Permit, which could be changed to be allowed by-right, since this use is appropriate for the zone. Additional examples of discretionary land uses that could be permitted by -right include: banks and financial services; business support services; parks and playgrounds; religious facilities; studios; caretaker and employee housing; dwelling group; duplexes; multifamily dwellings; assisted living facilities; senior residential projects; townhouses; restaurants; retail stores; shopping centers (neighborhood, community, regional); and adult day care facilities. Other potential strategies will be identified and presented for discussion at the study session. Attachment A - SB 5 Presentation City of Stockton Page 3 of 3 Printed on 4/22/ powered by Legistar

38 Attachment A April 28,

39 Attachment A BACKGROUND Senate Bill 5 was approved in 2007 Applies only to cities and counties in California s Central Valley Requires a higher level of flood protection than that required by FEMA (200 year vs. 100 year) Requires cities and counties amend their general plans (by July 2015) and their zoning codes (within 12 months of GP amendment) Requires cities and counties make SB 5 findings for certain land use decisions. Requires findings be made for land use decisions involving properties within Urban and Urbanizing areas located in 100 year and 500 year FEMA flood zones. 2 39

40 Attachment A 3 40

41 Attachment A BACKGROUND (CONT.) SB 5 requires cities and counties comply with criteria consistent with, or developed by, DWR. DWR has developed two criteria documents Levee design criteria ULDC (Urban Levee Design Criteria) Procedures for processing land use applications ULOP (Urban Level of Protection Criteria) 4 41

42 Attachment A Draft 200 Year Floodplain Map (with depths) 5 42

43 Attachment A Draft 200 Year Floodplain Map (depths greater than 3 feet) 6 43

44 Attachment A SB 5 Mandated General Plan and Zoning Code Amendments City s General Plan Amendment Approved by City Council on June 23, 2015 City s Zoning Code Amendment Tentative Schedule Planning Commission Hearing May 12, 2016 City Council Hearing May 24,

45 Attachment A Zoning Code Amendment Content Incorporate requirements of State law into local ordinance Require findings on certain land use actions Approval of Development Agreements Approval of Tentative Maps Approval of Discretionary Permits Approval of Building Permits for new residences Incorporate State established criteria Levee Design and Mapping Standards Urban Levee Design Criteria (ULDC) Processing Standards Urban Level of Flood Protection Criteria (ULOP) Authorize establishment of City standards Must be consistent with State established criteria Incorporate development standards not addressed in ULOP 8 45

46 Attachment A Compliance Strategies Long Term Strategy Improve levees to provide 200 year level protection Improvements identified in Lower San Joaquin River Feasibility Study (LSJRFS) Estimated Cost is approx. $1 billion Only addresses Central Stockton area LSJRFS scheduled for approval in Fall 2016 Outlook for Federal and State funding is uncertain for next several years Raising local match funding will be difficult under current state law (Proposition 218 restrictions) Interim/Short Term Strategies Shallow flooding exemption Conversion of some non residential discretionary uses to by right uses Raise building pads/finished floors Construct parking and storage areas below living areas Floodproof non residential structures 9 46

47 Attachment A Screenshot of 200 Year Floodplain Map for Stockton Area *Available on line flood elevations and depths can be determined on individual parcel basis 10 47

48 Attachment A Impact on Development in Stockton Impact not nearly as significant as in other urban areas Will require the employment of a variety of strategies Cost of development will increase in some cases, but will be minor in many cases (i.e. slightly raising building pads) Cost may actually be reduced in some cases (by converting some non residential discretionary uses to by right ) * Bottom Line Development will not be shut down 11 48

49 Attachment A QUESTIONS? 12 49